Environmental Management Act [Chapter 20:27]

Environmental Management Act [Chapter 20:27]
Section 117(2). Without prejudice to the generality of subsection (1), the regulations specified in subsection (1) may (b) 'provide for the equitable sharing of benefits arising from the technological exploitation of germplasm originating from Zimbabwe between the owner of the technology and the Government.

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 8(1). The following rights shall subsist exclusively in a local authority or indigenous community, as the case may be, in relation to any genetic resources and indigenous resources based knowledge that constitute part of the common, tradition or customary patrimony of the local authority or indigenous community - (a) To manage, maintain, conserve or reproduce genetic materials that are indigenous to the local authority or indigenous community concerned.
Section 14(5). In considering an application for a bioprospecting or general licence involving any access to genetic materials or indigenous genetic resource-based knowledge the licensing authority shall—(a) satisfy itself that− (...)
Any benefits that may accrue from the licensed use of the genetic materials or knowledge in question, and explore ways in which the community may share in those benefits.

Environmental Management Act [Chapter 20:27]

Environmental Management Act [Chapter 20:27]
Section 2 'biological diversity' means Biological Diversity as defined in the United Nations Convention on Biological Diversity adopted in 1992;

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 2 'biological diversity' means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems;
'genetic material' means any material of plant, animal, microbial or other origin containing functional units of heredity;
'genetic resources' means genetic material of actual or potential value;
'sustainable use' means the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations;

Environmental Management Act [Chapter 20:27]

Environmental Management Act [Chapter 20:27]
Section 116 (1). The Minister shall take such measures as may be necessary for the conservation of biological diversity and the implementation of Zimbabwe’s obligations under the United Nations Convention on Biological Diversity adopted in 1992 and may, in so doing […]

Environmental Management Act [Chapter 20:27]

Environmental Management Act [Chapter 20:27]
Section 116 (1) The Minister shall take such measures as may be necessary for the conservation of biological diversity and the implementation of Zimbabwe’s obligations under the United Nations Convention on Biological Diversity adopted in 1992 and may, in so doing […] ( f ) develop national strategies, plans and programmes for the conservation of the biological diversity of Zimbabwe;
(2) The Minister may, on the advice of the Board and in consultation with the responsible Minister, take such action or measures as may be necessary for the conservation of the biological diversity of a specific locality and may, in so doing
(a) promote such land use methods as are compatible with the conservation of the biological diversity of that locality; (...)

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 5 (2) The Committee shall have the following specific functions— (...)
(f) promoting the use of all available and appropriate scientific techniques and procedures in order to identify and classify genetic resources, such as molecular techniques of identification; and
(g) developing an archive of records in any medium embodying the indigenous genetic resource-based knowledge of indigenous communities, with a view to providing a basis for the recognition of community ownership fights in that knowledge; and
(h) monitoring the causes of the loss or scarcity of genetic resources; and
(i) establishing contact and maintaining liaison with bodies in other countries and international organisations concerned with conservation and sustainable utilisation of genetic resources; and […]

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 14 (5). In considering an application for a bioprospecting or general licence involving any access to genetic materials or indigenous genetic resource-based knowledge the licensing authority shall— (...) (b) where the materials and knowledge in question are indigenous to a particular community−
(i) seek the explicit prior informed consent of the community concerned, and such community shall have the right to refuse consent or access to the genetic materials or knowledge in question where such access will be detrimental to the integrity of their natural and cultural heritage; and
(ii) transparently and as accurately as possible calculate and disclose to the community—
A. any ecological or environmental costs that may be incurred as a result of the licensed use of the genetic resources, and ensure that provision is made under the licence for the community to be compensated for those costs if the licence is granted; and
B. any benefits that may accrue from the licensed use of the genetic materials or knowledge in question, and explore ways in which the community may share in those benefits.

Environmental Management Act [Chapter 20:27]

Environmental Management Act [Chapter 20:27]
Section 117(2). Without prejudice to the generality of subsection (1), the regulations specified in subsection (1) may (b) 'provide for the equitable sharing of benefits arising from the technological exploitation of germplasm originating from Zimbabwe between the owner of the technology and the Government.

Traditional Leaders Act [Chapter 29:17]

Traditional Leaders Act [Chapter 29:17]
Section 5(1)(l) A chief within an area shall be responsible ensuring that the land and its natural resources are used and exploited in accordance with the law (...) .

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 7. A local authority or indigenous community, as the case may be, shall, in relation to any genetic resources and indigenous genetic resource-based knowledge that constitute part of the common, traditional or customary patrimony of the local authority or indigenous community, have the following general rights with respect to access to its genetic resources and indigenous genetic resource-based knowledge— (...) (b) to give its explicit prior informed consent to such access, where such access(c) to be compensated for (i) any ecological or environmental costs that may be incurred as a result of such access; and (ii) any benefits that may accrue from such access.
Section 34 (1) The principal purpose of a public hearing held in
connection with any application for a licence pursuant to section
23(4) or 25(5) shall be — (...)
(2) In particular, where an application for a licence involves any access to—
(a) genetic materials, indigenous genetic resource-based knowledge, traditional medicines or items of traditional medical knowledge, that are indigenous to a particular community, the Committee or Subcommittee shall— (...)
(ii) transparently and accurately calculate and disclose to the community— (...)
B. any benefits that may accrue from allowing access to the materials, medicine or knowledge in question,, and explore ways in which the community may share in those benefits;
(b) traditional medicines or items of traditional medical knowledge, that is the subject of an individual proprietary claim, the Committee or Subcommittee shall— (...)
(ii) transparently and as accurately as possible calculate and disclose to the traditional medical practitioner concerned— (...)
B. any benefits that may accrue from the collection, use or exploitation of the of the
medicine or knowledge in question, and explore ways in which the practitioner may
share in those benefits;

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 3(e). The purposes of these regulations are, pursuant to sections
116 and 117 of the Act, to— (...) (e) implement appropriate mechanisms for the fair and equitable sharing of the benefits arising from the use of genetic resources and indigenous genetic resource-based knowledge, that is to say, mechanisms that ensure the participation and agreement of concerned communities in making decisions regarding the distribution of benefits which may be derived from the use of genetic resources and indigenous genetic resource-based knowledge.
Section 5(2)(a). The Committee shall have the following specific functions (a) Evolving a long term policy and guidelines for conservation and sustainable use of genetic resources and their components and the equitable sharing of benefits arising from the utilisation of genetic resources.

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 7. A local authority or indigenous community, as the case may be, shall, in relation to any genetic resources and indigenous genetic resource-based knowledge that constitute part of the common, traditional or customary patrimony of the local authority or indigenous community, have the following general rights with respect to access to its genetic resources and indigenous genetic resource-based knowledge—
(a) to be consulted with respect to such access where it is to be given to persons who are not residents of the local authority or members of the indigenous community concerned; and
(b) to give its explicit prior informed consent to such access, where such access—
(i) is to be given to persons who are not residents of the local authority or members of the indigenous community concerned, and
(ii) may be detrimental to the integrity of its natural or cultural heritage; and (...)
Section 14 (8). A local authority may prescribe in its by-laws the duration of each class of licence and the circumstances under which a bioprospecting or general licence may be amended, renewed, suspended, cancelled or restored:
Provided that—
(a) where the genetic resources subjected to a licence are indigenous to any community, that community shall have the right to withdraw its consent to any licensed activity likely to be injurious to their interest, or to place restrictions thereon, and the licensing authority shall, immediately upon receiving the representations of the community to that effect, amend, suspend or cancel the licence, as the case may be; (...)

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 14 (1). A local authority in favour of which a vesting and reservation notice is made may, in its by-laws, appoint itself as the authority to be responsible for receiving licence applications and issuing licences for the purposes of these regulations, or may in like manner (subject to subsection (2)) appoint another person or persons in terms of subsection (2) to be so responsible. (...)
(6) After considering an application for a bioprospecting or general licence the licensing authority may grant it in Form GRTK 3 or GRTK 4, as the case may be, with or without conditions, or refuse it, and if the application is refused the licence fee shall be refunded to the applicant:
Provided that the licensing authority shall not grant an exclusive licence to any person except with the written leave of the Board. (...)
Section 34 (1). The principal purpose of a public hearing held in connection with any application for a licence pursuant to section 23(4) or 25(5) shall be—
(a) to explain to the residents of the local authority or members of the indigenous community affected by the application the purpose and effect of the proposed licence; and
(b) to evaluate the response of the residents of the local authority or members of the indigenous community to the application in order to assist the Committee or Subcommittee in determining whether to issue the licence in question or issue it subject to any conditions.

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 6(2). The rights expressed in subsection (1) are inalienable and shall be deemed to have always been held by residents of the local authority or members of an indigenous community concerned, notwithstanding the past absence of any written law recognising such right.
Section 8. The following rights shall subsist exclusively in a local authority or indigenous community, as the case may be, in relation to any genetic resources and indigenous genetic resource-based knowledge that constitute part of the common, traditional or customary patrimony of the local authority or indigenous community—
(a) to manage, maintain, conserve and reproduce genetic materials that are indigenous to the local authority or the indigenous community concerned;
(b) to harvest, gather, collect specimens of or take samples from or otherwise prospect for, genetic materials that are indigenous to the local authority or the indigenous community concerned;
(c) to harvest, gather, or collect on a large or commercial scale genetic materials that are indigenous to the local authority or the indigenous community concerned;
(d) to cultivate or breed on a large or commercial scale genetic materials that are indigenous to the local authority or the indigenous community concerned;
(e) to export from Zimbabwe any protected genetic materials that are indigenous to the local authority or indigenous community concerned;
(f) to import into Zimbabwe any protected genetic materials that are indigenous to the Local authority or the indigenous community concerned;
(g) to market, beneficiate or otherwise exploit for gain genetic materials that are indigenous to the local authority or the indigenous community concerned;
(h) to publish indigenous genetic resource-based knowledge that constitutes part of the common, traditional or customary patrimony of an indigenous community;
(i) to publish, or register a patent or other intellectual property right in relation to—
(i) any genetic material indigenous to the local authority or the indigenous community concerned;
(ii) any indigenous genetic resource-based knowledge.

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 14 (5). In considering an application for a bioprospecting or general
licence involving any access to genetic materials or indigenous genetic
resource-based knowledge the licensing authority shall—
(a) satisfy itself that—
(i) the project or proposal outlined in the application is not detrimental to the interests of the local authority or any indigenous community residing within it; and (ii) the applicant—
A. is capable of carrying out the project or proposal outlined in the application and complying with the terms and conditions of the bioprospecting licence or general licence sought by it; and
B. is otherwise a fit and proper person to receive a bioprospecting licence or general licence; and
(b) where the materials and knowledge in question are indigenous to a particular community−
(i) seek the explicit prior informed consent of the community concerned, and such community shall have the right to refuse consent or access to the genetic materials or knowledge in question where such access will be detrimental to the integrity of their natural and cultural heritage; and
(ii) transparently and as accurately as possible calculate and disclose to the community—
A. any ecological or environmental costs that may be incurred as a result of the licensed use of the genetic resources, and ensure that provision is made under the licence for the community to be compensated for those costs if the licence is granted (...)
(6) After considering an application for a bioprospecting or general licence the licensing authority may grant it in Form GRTK 3 or GRTK 4, as the case may be, with or without conditions.
Provided that the licensing authority shall not grant an exclusive licence to any person except with the written leave of the Board.
(8) A local authority may prescribe in its by-laws the duration of each class of licence and the circumstances under which a bioprospecting or general licence may be amended, renewed, suspended, cancelled or restored:
Provided that—
(a) where the genetic resources subjected to a licence are indigenous to any community, that community shall have the right to withdraw its consent to any licensed activity likely to be injurious to their interest, or to place restrictions thereon, and the licensing authority shall, immediately upon receiving the representations of the community to that effect, amend, suspend or cancel the licence, as the case may be; (...)

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 14 (6). After considering an application for a bioprospecting or general licence the licensing authority may grant it in Form GRTK 3 or GRTK 4, as the case may be, with or without conditions, or refuse it, and if the application is refused the licence fee shall be refunded to the applicant:
Provided that the licensing authority shall not grant an exclusive licence to any person except with the written leave of the Board.
Section 37 (1). Any person who is aggrieved by any decision of a licensing authority in regard to the issue or refusal of a licence or any terms and conditions of such a licence, may appeal to the Board against that decision in Form GRTK 5 delivered to the Director-General of the Agency not later than 14 days after the date on which the person received written notification of the decision.

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 10 (1). In vetting the initial inventories of genetic materials
indigenous to the area of any local authority or of any indigenous
community therein, the Committee—(c) may demand evidence from the local authority that it has undertaken the consultations required by section 9(3)
(a), or may direct that any matter arising in connection with the initial inventory to be referred back to the local authority for further consultations in accordance with
section 9(3)(a).

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 14 (8) A local authority may prescribe in its by-laws the duration of each class of licence and the circumstances under which a bioprospecting or general licence may be amended, renewed, suspended, cancelled or restored:
Provided that— (a) where the genetic resources subjected to a licence are indigenous to any community, that community shall have the right to withdraw its consent to any licensed activity likely to be injurious to their interest, or to place restrictions thereon, and the licensing authority shall, immediately upon receiving the representations of the community to that effect, amend, suspend or cancel the licence, as the case may be. (...)
Section 33. The principal purpose of a public hearing held in connection with any proposed vesting and reservation notice or traditional medicines and knowledge vesting and reservation notice or amendment thereof pursuant to section 10(6), 12(4), 19(3) or 21(4) shall be—
(a) to explain to the residents of the local authority or members of the indigenous community affected by a proposed notice, the purpose and effect of the proposed notice; and
(b) to evaluate the response of the residents of the local authority or members of the indigenous community affected by a proposed notice in order to assist the Board in determining whether to publish the proposed notice in its original or in an amended form.
Section 34 (1). The principal purpose of a public hearing held in connection with any application for a licence pursuant to section twenty-three(4) or twenty-five(5) shall be—
(a) to explain to the residents of the local authority or members of the indigenous community affected by the application the purpose and effect of the proposed licence; and
(b) to evaluate the response of the residents of the local authority or members of the indigenous community to the application in order to assist the Committee or Subcommittee in determining whether to issue the licence in question or issue it subject to any conditions.

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section11 (1) Subject to these regulations, on and after the date when a vesting and reservation notice is published, no person who is not a local research or conservation institution, or a traditional medical practitioner, or a resident of the local authority or member of the community in favour of which the vesting and reservation notice is published shall—(vii) patent or register any other intellectual property right over any protected genetic materials; (...)
Section 12 (1). The Committee may, on its own initiative, or at the request of a local authority communicated in writing through its chief executive officer, or in response to a communal rights claim lodged by an indigenous community, advise the Board to make any addition to, deletion from or other amendment of the final inventory of indigenous genetic materials relating to the local authority.
(2) On the advice of the Committee the Board may, subject to subsection (3), amend the vesting and reservation notice by notice in the Gazette to take account of any amendment of the final inventory of indigenous genetic materials relating to the local authority.
(3) Before amending a vesting and reservation notice, the Board shall publish a notice in the Gazette, and in such newspaper or newspapers as it considers appropriate—
(a) declaring its intention to amend the vesting and reservation notice in relation to a named local authority; and
(b) describing what amendment of the final inventory of indigenous genetic materials relating to the local authority has necessitated the amendment of the vesting, and reservation notice; and
(c) inviting persons who wish to object to the proposed amendment of the vesting and reservation notice to submit their objections to the Board, in writing, within a reasonable specified period after publication of the notice.
(4) Before the Board amends a vesting and reservation notice it shall pay due regard to any objections that may be submitted in response to a notice published in terms of subsection (3), and in that connection section ten(6) applies to the holding by the Board of any public hearing in accordance with Part VII.

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 14(5). In considering an application for a bioprospecting licence or general licence involving access to genetic resources or indigenous genetic resource based knowledge the licensing authority shall
(a) satisfy itself that —
(i) the project or application is not detrimental to the local authority or indigenous community residing within it and
(ii) the applicant —
A. is capable of carrying the project or proposal laid out in the application and complying with the terms and conditions of the bioprospecting licence sought by it and
B. is otherwise a fit and proper person to receive a bioprospecting licence or general licence.
b) where the material or knowledge is indigenous a particular community—
(i) seek the explicit prior informed consent of the concerned community and the community shall have the right to refuse the consent or access to genetic materials or knowledge concerned in question where such access will be detrimental to their natural and cultural heritage; and (...)
Section 32 (1). The Board shall endeavour to hold a public hearing involving
(a) an objection to a vesting and reservation notice to be made or amended in favour of a particular local authority, at a location within the local authority concerned;
(b) a communal rights claim lodged in relation to a vesting and reservation notice, at the nearest convenient location to the indigenous community lodging the claim; (...)

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 3. The purposes of these regulations are, pursuant to sections
116 and 117 of the Act, to— (...)
(i) engage the support of local and foreign research or conservation institutions in assisting the Board and Committee to achieve the foregoing purposes.
Section 5(2)(f) (g). The Community shall have the following functions - (...)
(f) promoting the use of all available and appropriate techniques and procedures in order to identify and classify genetic resources such as molecular techniques of identification ; and
(g) developing an archive of records in any medium embodying the indigenous genetic resource-based knowledge of indigenous communities, with a view to providing a basis for the recognition of community ownership rights in that knowledge; and (...)

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 3. The purposes of these regulations are, pursuant to sections
116 and 117 of the Act, to— (...)
(c) ensure the conservation and sustainable use genetic resources in order to maintain and improve their biodiversity as a means of sustaining life support and health care systems of Zimbabwe.
Section 5(2). The Committee shall have the following specific functions—
(a) evolving a long term policy and guidelines for
(i) the conservation and sustainable use of genetic resources and their components; and ;
(ii) the equitable sharing of benefits arising out of the utilisation of genetic resources; and (...)

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 3. The purposes of these regulations are, pursuant to sections
116 and 117 of the Act, to— (...)
(i) engage the support of local and foreign research or conservation institutions in assisting the Board and Committee in carrying out the foregoing purposes.
Section 5(2) The Community shall have the following functions - (...)
(f) promoting the use of all available and appropriate techniques and procedures in order to identify and classify genetic resources such as molecular techniques of identification ; and
(g) developing an archive of records in any medium embodying the indigenous genetic resource-based knowledge of indigenous communities, with a view
to providing a basis for the recognition of communit ownership rights in that knowledge; and
(h) monitoring the causes of the loss or scarcity of genetic
resources; and
(i) establishing contact and maintaining liaison with bodies in other countries and international organisations concerned with conservation and sustainable utilisation
of genetic resources; and (...)

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 6(1). The rights of the residents of a local authority or members of an indigenous community, as the case may be, to exchange among themselves genetic resources, the products derived therefrom and associated indigenous genetic resource-based knowledge, for their own purposes in accordance with their customary practices, shall subsist exclusively in the residents of the local authority or the members of the indigenous community concerned, without prejudice, however, to the right of traditional medical practitioners who are not residents or members of the local authority or community concerned to have access to such resources, products and knowledge to enable them to practise their vocation.
(2) The rights expressed in subsection (1) are inalienable and shall be deemed to have always been held by residents of the local authority or members of an indigenous community concerned, notwithstanding the past absence of any written law recognising such right.

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 3. The purposes of these regulations are, pursuant to sections
116 and 117 of the Act, to— (...)
(e) implement appropriate mechanisms for the fair and equitable sharing of the benefits arising from the use of genetic resources and indigenous genetic resource-based knowledge, that is to say, mechanisms that ensure the participation and agreement of concerned communities in making decisions regarding the distribution of benefits which may be derived from the use of genetic resources and indigenous genetic resource-based knowledge; (...)
Section 9(3). In giving directions in terms of subsection (2) the governing body of the local authority shall take cognisance of the following—
(a) The need to undertake adequate consultations with the traditional leadership of any community residing within the area of the local authority; and the members of any community residing within the area of the local authority concerned; and traditional medical practitioners residing or practising within the area of the local authority concerned; (...)
Section 10 (1). In vetting the initial inventories of genetic materials
indigenous to the area of any local authority or of any indigenous
community therein, the Committee—(...)
(c) may demand evidence from the local authority that it has undertaken the consultations required by section nine(3)(a), or may direct that any matter arising in connection with the initial inventory to be referred back to the local authority for further consultations in accordance with section nine(3)(a),

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 6(1). The rights of the residents of a local authority or members of an indigenous community, as the case may be, to exchange among themselves genetic resources, the products derived therefrom and associated indigenous genetic resource-based knowledge, for their own purposes in accordance with their customary practices, shall subsist exclusively in the residents of the local authority or the members of the indigenous community concerned, without prejudice, however, to the right of traditional medical practitioners who are not residents or members of the local authority or community concerned to have access to such resources, products and knowledge to enable them to practise their vocation.
Section 14 (8). A local authority may prescribe in its by-laws the duration of each class of licence and the circumstances under which a bioprospecting or general licence may be amended, renewed, suspended, cancelled or restored:
Provided that— (...)
Section 16 (1). The Board may issue binding model by-laws prescribing any matters that may under this Part be prescribed by a local authority in its by-laws.
(2) No later than 30 days after the issuance of the model bylaws referred to in subsection (1), every local authority shall adopt them subject to such modifications as are strictly necessary to adapt the by-laws to local conditions.

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 6(1). The rights of the residents of a local authority or members of an indigenous community, as the case may be, to exchange among themselves genetic resources, the products derived therefrom and associated indigenous genetic resource-based knowledge, for their own purposes in accordance with their customary practices, shall subsist exclusively in the residents of the local authority or the members of the indigenous community concerned, without prejudice, however, to the right of traditional medical practitioners who are not residents or members of the local authority or community concerned to have access to such resources, products and knowledge to enable them to practise their vocation.
Section 27. An indigenous community may, in the circumstances specified in section twenty-seven, lodge a claim (in these regulations called a "communal rights claim") to redeem its rights to any genetic resource, indigenous genetic resource-based knowledge, traditional medicine or traditional medical knowledge on the basis that the resource, medicine or knowledge in question constitutes part of its common, traditional or customary patrimony.
Section 40. Notwithstanding anything in these regulations, the Board may, after affording the licensing authority a reasonable opportunity to make oral or written representations in the matter, direct any licensing authority to grant, refuse, suspend, cancel or restore any licence if it is satisfied that on reasonable grounds that such action is necessary in the interests of—(...)
(b) securing to indigenous communities their inalienable right to access, use, exchange or share their genetic resources in sustaining their livelihood, or to share in any benefits from the commercial exploitation thereof.

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 2. In these regulations—
'Agency' means the Environment Management Agency;

Environmental Management Act [Chapter 20:27]

Environmental Management Act [Chapter 20:27]
Section 9. There is hereby established an Agency, to be known as the Environmental Management Agency, which shall be a body corporate capable of suing and being sued in its own name and, subject to this Act, of performing all acts that bodies corporate may by law perform.
Section 10. (1) Subject to this Act and any other enactment, the functions of the Agency shall be— (...)
xv) to regulate and monitor access by any person to the biological and genetic resources of Zimbabwe;

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 7. A local authority or indigenous community, as the case may be, shall, in relation to any genetic resources and indigenous genetic
resource-based knowledge that constitute part of the common, traditional or customary patrimony of the local authority or indigenous
community, have the following general rights with respect to access to its genetic resources and indigenous genetic resource-based
knowledge—
(a) to be consulted with respect to such access where it is to be given to persons who are not residents of the local authority or members of the indigenous community concerned; and
(b) to give its explicit prior informed consent to such access, where such access—
(i) is to be given to persons who are not residents of the local authority or members of the indigenous community concerned, and
(ii) may be detrimental to the integrity of its natural or cultural heritage;
and (...)

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 7. A local authority or indigenous community, as the case may be, shall, in relation to any genetic resources and indigenous genetic resource-based knowledge that constitute part of the common, traditional or customary patrimony of the local authority or indigenous community, have the following general rights with respect to access to its genetic resources and indigenous genetic resource-based knowledge— (...)
(d) to withdraw its consent to such access if it is or is likely to be detrimental to its natural or cultural heritage, or to place restrictions to such access in those circumstances.
Section 14 (8). A local authority may prescribe in its by-laws the duration of each class of licence and the circumstances under which a bioprospecting or general licence may be amended, renewed, suspended, cancelled or restored:
Provided that—
(a) where the genetic resources subjected to a licence are indigenous to any community, that community shall have the right to withdraw its consent to any licensed activity likely to be injurious to their interest, or to place restrictions thereon, and the licensing authority shall, immediately upon receiving the representations of the community to that effect, amend, suspend or cancel the licence, as the case may be; (...)

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 20 (1) Subject to these regulations, on and after the date when a traditional medicines and knowledge vesting and reservation notice is published, no person who is not a local research or conservation institution, or a traditional medical practitioner, or a resident of the local authority or member of the community in favour of which the vesting and reservation notice was published shall — […] (b) do any of the following—
(vi) do anything or cause anything to be done in relation to any identified traditional medicines and items of traditional medical knowledge, where the right to do that thing has been specifically reserved to the local authority or any community residing within the area of the local authority;
except in accordance with a licence under section 23.
Section 23 (7). With the approval of the Board, the Subcommittee may fix the duration of each class of licence and the circumstances under which a bioprospecting or general licence may be amended, renewed, suspended, cancelled or restored:
Provided that—
(a) where the traditional medicine or item of traditional medical knowledge subjected to a licence is—
(i) indigenous to any community, the community concerned shall have the right to withdraw its consent to any licensed activity if it is or is likely to be detrimental to its natural or cultural heritage, or to place restrictions thereon;
(ii) subject to an individual proprietary claim, the traditional medical practitioner concerned shall have the right to withdraw his or her consent to any licensed activity likely to be injurious to his or her interest, or to place restrictions thereon; and the Subcommittee shall, immediately upon receiving the representations of the community or practitioner to that effect—
(iii) give appropriate directions in terms of section 39; or
(iv) amend, suspend or cancel the licence, as the case may be;

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 20 (2). Any person who contravenes subsection (1) shall be guilty of an offence, unless he or she satisfies the court that—
(a) he or she did not know and had no reason to believe that the medicine or knowledge in question was an identified traditional medicine and item of traditional medical knowledge; or
(b) his or her unlicensed possession or use of the identified traditional medicine or item of traditional medical knowledge in question is justified on any of the grounds specified in section 22(1).
(3) A person who is guilty of an offence in terms of subsection (2) shall be liable to a fine not exceeding level fourteen or imprisonment for a period not exceeding twelve months or both such fine and such imprisonment.

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 34 (2). In particular, where an application for a licence involves
any access to —(...)
(b) traditional medicines or items of traditional medica knowledge, that is the subject of an individual proprietary claim, the Committee or Subcommittee shall— (...)
(ii) transparently and as accurately as possible calculate and disclose to the traditional medical practitioner concerned—
A. any ecological or environmental costs that may be incurred as a result of the licensed use of the medicine or knowledge in question, and ensure that provision is made under the licence for the practitioner to be compensated for those costs if the licence is granted; and
B. any benefits that may accrue from the collection, use or exploitation of the of the medicine or knowledge in question, and explore ways in which the practitioner may share in those benefits;

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 11 (2). Any person who contravenes subsection (1) shall be guilty of an offence, unless he or she satisfies the court that—
(a) he or she did not know and had no reason to believe that the genetic material in question was protected genetic material; or
(b) his or her unlicensed possession or use of the protected genetic material in question is justified on any of the grounds specified in section thirteen.
(3) A person who is guilty of an offence in terms of subsection (2) shall be liable to a fine not exceeding level fourteen or imprisonment for a period not exceeding twelve months or both such fine and such imprisonment.

Environmental Management Prohibition Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009

Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 33. The principal purpose of a public hearing held in connection with any proposed vesting and reservation notice or traditional medicines and knowledge vesting and reservation notice or amendment thereof pursuant to section 10(6), 12(4), 19(3) or 21(4) shall be—
(a) to explain to the residents of the local authority or members of the indigenous community affected by a proposed notice, the purpose and effect of the proposed notice; and
(b) to evaluate the response of the residents of the local authority or members of the indigenous community affected by a proposed notice in order to assist the Board in determining whether to publish the proposed notice in its original or in an amended form.
Section 34 (1). The principal purpose of a public hearing held in connection with any application for a licence pursua pursuant to section 23(4) or 25(5) shall be—
(a) to explain to the residents of the local authority or members of the indigenous community affected by the application the purpose and effect of the proposed licence; (...)