468
Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
Grounds for
denial of
access to
genetic
resources
Special
access
permit and
multilateral
treaties
Obligations
of access
permit
holder
(3) The Agency shall grant an access permit to an application
if it is satisfied that the application meets the requirements of this
Act.
34. The Agency may deny access to genetic resources and
refuse to grant an access permit to the applicant where the—
(a) access requested is in relation to the genetic resource of
an endangered species;
(b) access may have adverse effects on human health or the
cultural, economic or spiritual values of the traditional
community;
(c) access may cause an undesirable impact on the
environment;
(d) access may cause a danger to, or loss of, ecosystems;
(e) applicant intends to use genetic resources for purposes
contrary to law, morality or any treaty to which Zambia
is a State Party;
(f) traditional community denies consent; or
(g) applicant has violated the conditions of access or an access
agreement.
35. (1) Despite section forty-one, the Minister may, without
following the procedure provided for in this Act and on such terms,
conditions and obligations as the Minister may impose, grant a
special access permit to a Zambian individual or higher institution
of learning for purposes of development and academic research.
(2) Access to genetic resources under a multilateral treaty to
which Zambia is a State Party shall be made in accordance with
the terms, conditions and procedures prescribed by statutory
instrument.
36. An access permit holder shall have the following obligations:
(a) to deposit a copy of the access permit with the relevant
appropriate institution in the district where the genetic
resource is to be collected and show the access permit
on request;
(b) not to deplete planting stock or wild species or remove
significant genetic varieties from the local gene pool
during collection;
(c) where the genetic resource is to be collected from a
protected area, to observe the rules and regulations