( C) entered into a materials transfer agreement in
accordance with regulation 14; and
(d) obtained an access pennit from the competent
authority in accordance with regulation 19.
Protection
of special
categories
of species.
Application
for prior
infonned
consent and
accessory
agreement
(6) The applicant shaH, after obtaining a prior
informed consent and entering into an accessory agreement
enter into a materials transfer agreement in accordance with
regulation 14.
11. The competent authority and the lead agency shall not
(7) Any person who accesses or exports genetic
approve an application for access to genetic resources of any
species listed as protected or threatened, unless written
approval is obtained from the CITES Management Authority.
resources without obtaining a prior informed consent or
entering into an accessory agreement, commits an offence.
12. (1) A person intending to access or collect genetic
resources shall, apply to the lead agency, local community or
owner for a prior informed consent in the form set out in the
First Schedule, and on payment by the applicant of the fee
prescribed in the Sixth Schedule.
(2) Subject to subregulation (3), the lead agency, local
community or owner may, after considering an application
submitted under subregulation (l), grant a prior informed
consent in the form set out in the Second Schedule on payment
by the applicant of the fee prescribed in the Sixth Schedule.
(3) A lead agency, local community or owner shall,
before granting a prior informed consent, enter into an
accessory agreement with the applicant, in the form set out in
the Third Schedule.
(4) An accessory agreement shaH contain such terms
and conditions as may be agreed upon by the parties.
(5) For the avoidance of doubt, a prior informed
consent and an accessory agreement issued or made under this
regulation do not entitle any person to access the genetic
resources but are only to enable the applicant to proceed with
the application for an access pennit.
390
13. Where a person intends to access genetic resources onl Parties to
land which is occupied, used or managed by a local ~:m.d
community, the prior informed consent and the accessory a=sory
consent an'
agreement shall be concluded between the applicant on the· agreement
one part, and the relevant lead agency and the lowest unit of :nununal
the local government or authorised agent of the local land
government representing the local community, on the other
part.
PART IV-MATERIALS TRANSFER AGREEMENT AND
BENEFIT SHARING.
14. (1) A coHector shall not access or export genetic
resources without entering into a materials transfer agreement
with the lead agency.
(2) A materials transfer agreement shaH be valid for
the period specified in it and shall be issued on payment by the
collector of the fee prescribed in the Sixth Schedule.
(3) For the avoidance of doubt, a materials transfer
agreement shall not be entered into before the collector obtains
a prior informed consent and an accessory agreement.
(4) Any person who accesses or exports or deals in
genetic resources without a materials transfer agreement
commits an offence.
391
Materials
ttansfer
agreemen'