470
Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
Exploration
permit
Application
for
exploration
permit
Grant of
exploration
permit
Obligations
of
exploration
permit
holder
(l) recognise the locality where the genetic resource or
traditional knowledge has been accessed in an
application for protection of the product developed from
the genetic resource;
(m) share the benefits derived from the utilisation of the genetic
resource that has been accessed with the traditional
community; and
(n) respect the customary laws and practices of the traditional
community and any written laws relating to sanitary
control, biosafety, plants and seeds and protection of
the environment.
37. Without prejudice to section four, a person shall not explore
genetic resources unless the person is in possession of a valid
exploration permit granted by the Agency.
38. (1) A person may apply for an exploration permit by
lodging an application, in the prescribed form and manner, with the
Agency.
(2) An application for an exploration permit shall specify the—
(a) purpose of the exploration;
(b) the types of genetic resources to be explored;
(c) the locality where the exploration is to be conducted; and
(d) the time schedule for the exploration.
39. (1) The Agency shall, on receipt of an application, lodged
in accordance with section thirty-eight, in consultation with the
relevant appropriate institution and the holder, grant an exploration
permit to the applicant.
(2) An exploration permit shall specify the—
(a) types of genetic resources to be explored;
(b) locality where the exploration shall take place;
(c) time schedule for the exploration; and
(d) the terms and conditions which the Agency considers
necessary to impose in relation to the exploration.
(3) Where the Agency grants an exploration permit, it shall
assign an officer or designate an appropriate institution to
accompany the team or individual undertaking the exploration.
40. An exploration permit holder has the following obligations: