. .!
PART IV-MATERJAL TRANSFER AG~EMENTS AND
BENEFIT SHARlNG.
STATUTORY INSTRUMENTS
14. Materials transfer agreement.
15. Contents of a materials transfer agreement
16. Environmental impact assessment.
17. Use and transfer of genetic resources without authority.
18. Future use of genetic resources.
19. Access permit.
20. Sharing of benefits.
21. Revocation of access permit.
22. Copies of agreements.
23. Genetic resources in transit.
24. Guidelines for export of genetic resources.
25. Confiscation.
26. Offences.
27. Further orders of court.
2005 No. 30.
The National Environment (Access to Genetic Resources
and Benefit Sharing) Regulations, 2005.
(Under sections 44 and 107 a/the National Environment Act,
Cap j53)
IN EXERCISE of the powers conferred on the Minister by
sections 44 and 107 of the National Environment Act, and
upon the recommendation of the Policy Committee on the
Environment and the Board, these Regulations are made this
1st day of December, 2004.
Cap.IS3.
PART I-PRE~ARY.
PART V-ACCESS TO INFORMATION.
TItle.
30. Protection of proprietary information.
1. These Regulations may be cited as the National
Environment (Access to Genetic Resources and Benefit
Sharing) Regulations, 2005.
PART VI-GENERAL.
31. Transitional arrangements.
2. In these Regulations, unless the context otherwise
reqnires-
InkIpretanon.
28. Documents deemed to be public documents.
29. Right of access to information.
SCHEDULES
FIRST SCHEDULE
APPLICATION
FOR
INFORMED CONSENT
SECOND SCHEDULE
PRIOR INFORMED CONSENT
1HIRD SCHEDULE
ACCESSORY AGREEMENT
FOURTH SCHEDULE
INFORMATION TO BE INCLUDED
IN
MATERIALS
TRANSFER
AGREEMENT
FIFTH SCHEDULE
ACCESS PERMIT
SIXTH SCHEDULE
FEES
380
PRIOR
"access" means the obtaining, possessing and using of
genetic resources, their derivative products, and
intangible components for purposes of research,
bio-prospecting,
conservation,
industrial
application or commercial use;
"accessory agreement" means any facilitating
agreement relating to a prior informed consent,
and includes a letter of exchange, a
memorandum of understanding, or an academic
or research agreement;
"access permit" means a permit issued under these
regulations that authorises a person to access
biological or genetic resources;
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381