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Competent National Authority:ENVIRONMENTAL AFFAIRS DEPARTMENT ()P/BAG 394, LINGADZI HOUSE, LILONGWELILONGWE,
, MalawiPhone: +256 1 771 111,Fax: +265 1 773 369,Email: eadinfo@nccpmw.org,Website: www.nccpmw.org,
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ABSCH-MSR-MW-202015-2 Legislative, Administrative or Policy Measure Environmental Management Act (1996)
The Environmental Management Act (EMA, 1996) is an overarching statute providing general environmental protection. Sectoral policies (e.g. policies on land, water, fisheries, waste and forestry) are required to be consistent with the Act.
Section 4 of the EMA states that :
The natural and genetic resources of Malawi shall constitute an integral part of the natural wealth of the people of Malawi and—
a. shall be protected, conserved and managed for the benefit of the people of Malawi; and
b. save for domestic purposes, shall not be exploited or utilized without the prior written authority of the Government.
Section 36 states :
The Minister, on the recommendations of the Council, may, By regulations published in the Gazette, control or restrict access by any person to the genetic resources of Malawi. Without prejudice to the generality of subsection (1), the regulations may—
a. prohibit the exportation of germplasm, except in accordance with a license issued by the Minister and subject to such conditions as the Minister may impose;
b. provide for the sharing of benefits arising from the technological exploitation of germplasm originating from part vii - Environmental Management Page 5 of 9 between the owner of the technology and the Government;
c. provide for fees payable in respect of an export license issued under subsection (2) (a) and for a charge payable for accessing germplasm.
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ABSCH-MSR-MW-248064-1 Legislative, Administrative or Policy Measure GUIDELINES ON ACCESS TO BIOLOGICAL RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR USEThe guidelines have been developed to lay out conditions under which access to biological resources in Malawi will be granted and the fair and equitable sharing of benefits arising from the utilisation of biological resources shall be ensured. The guidelines also provide for the institutional frameworks within which the access and benefit sharing shall operate.The guidelines shall apply to the access and utilisation of all biological resources and traditional knowledge associated with the use of biological resources for research, development and bio-trade. Users of the guidelines may include, but not limited to; academics, students, public and private institutions, public and private breeding companies, commercial entities, multinational companies, bio-traders, biological resources collectors, protected area staff, researchers, civil society and concerned local communities.These guidelines have been developed in accordance with the Environment Management Act and other sectoral legislation such as the Forestry Act, Fisheries Conservation and Management Act National Parks and Wildlife Act, Control of Animal Diseases Act, Science and Technology Act and Plant Protection Act. The development of these guidelines also reaffirms Malawi’s commitment to the achievement of the objectives of the Convention on Biological Diversity and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation.
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| Record type | Field | Record(s) | |
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| ABS Procedure | Relevant ABS measure(s): | 1 | |
