Environment Management (Access and Benefit Sharing of Genetic Resources) Regulations, 2024.

These Regulations comprising 39 articles organized into VIII Parts apply to access and benefit sharing arise from the use of genetic resources or associated traditional knowledge, naturally occurring or naturalised breeds in in-situ or ex-situ conditions intended for research, commercial or non-commercial purposes. The objectives of these Regulations are (i) prescribe procedures and manner for access to genetic resources; (ii) promote sustainable management and utilization of biological diversity; (iii) create a framework for sharing of benefits arising from the use of such genetic resources or associated traditional knowledge; (iv) enhance education and public awareness on access to genetic resources; (v) recognize, protect, and support the inalienable rights of local communities over genetic resources or associated traditional knowledge within their area. Part III establishes that the government holds authority over the management of genetic resources, regulating access and safeguarding national interests while ensuring decisions align with established regulations and benefit the public. The Ministry responsible for the environment will act as the National Focal Point for the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits. To ensure compliance and enforcement of these regulations, the Competent Authorities - comprising relevant government offices, ministries, departments, agencies, local authorities, and institutions managing specific genetic resources or associated traditional knowledge - are responsible for overseeing access, processing applications, recommending export clearances, protecting community rights, maintaining genetic material depositories, facilitating agreements and benefit-sharing, and collaborating with other authorities for effective regulation. Local communities are tasked with providing written prior informed consent for access, conserving and sustainably managing genetic resources, protecting traditional practices and knowledge, and preserving other forms of traditional knowledge within their jurisdiction.
The management of access and benefit-sharing of genetic resources in Tanzania requires individuals to obtain permits for accessing, utilizing, or exporting genetic resources or associated traditional knowledge, ensuring strict compliance with regulations that uphold community consent, benefit-sharing, sustainable use, and adherence to national and international standards. Permit holders are responsible for reporting discoveries and sharing benefits, with permits and export clearance certificates subject to conditions, monitoring, and potential suspension or revocation for non-compliance. Local communities have the right to access genetic resources for consumption, grant prior informed consent for their use, participate in research, and share in the benefits arising from their utilization. Holders of access permits or export clearance certificates are entitled to access and sustainably use these resources, share benefits equitably, and renew permits in line with relevant regulations. Part VIII specifies general provisions, including penalties for offenses such as accessing genetic resources or traditional knowledge without approval, violating permit conditions, or providing false information.