Protection of
environmentally
significant areas.
8. This Part shall apply to any area of land, sea, lake or river
which the Minister has, by notice in the Gazette, declared to be a
protected natural environment system for purposes of promoting
and preserving biological diversity in accordance with section 54
of the Act.
PART III – ACCESS TO GENETIC RESOURCES
Access permit.
9. (1) Any person who intends to access genetic resources in
Kenya shall apply to the Authority for an access permit in the
form set out in the First Schedule, and such application shall be
accompanied by the fees prescribed in the Second Schedule to
these Regulations.
(2) The application shall be accompanied by evidence of
Prior Informed Consent from interested persons and relevant lead
agencies, and a research clearance certificate from the National
Council for Science and Technology.
Notification of
application.
10. The Authority shall, upon receipt of the application, give
notice thereof by publication in the Gazette and at least one
newspaper with nationwide circulation, or in such other manner
as the Authority may consider appropriate, specifying
(a) the name and other particulars of the
applicant;
(b) the activity to be undertaken for which the
access permit is required; and
(c) the time within which representations or
objections in respect of the proposed access permit
may be made to the Authority.
Determination of
application.
11. (1) The Authority shall, on receipt of representations or
objections to the proposed access permit from the public, review
the application and if satisfied that the activity to be carried out
shall facilitate the sustainable management and utilization of
genetic resources for the benefit of the people of Kenya, issue an
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