Section 35: Restriction on prospecting for genetic materials in National Park

(1) No person shall prospect for a genetic material or remove or attempt to remove any biological material from a National Park for the purpose of exploiting its genetic material except with the written prior informed consent of the Minister on the recommendation of the Service.
(2) Subject to the provisions of subsection (1) of this section, no transfer of a genetic material or indigenous knowledge relating to a genetic material owned or in the possession or custody of a Nigerian citizen, group or association shall be made, except with the written prior consent of that citizen, group or association, which may be given subject to arrangements being made to share research opportunities and benefits derived from the genetic material or indigenous knowledge relating to the genetic material.
(3) The consent to prospect for genetic resources shall be vitiated by fraud, deceit, or the wilful or negligent failure to supply information that is reasonably available to the applicant and contained in the application for the required consent.
(4) The consent to prospect for genetic resources shall not be granted to a person unless he undertakes to-
(a) secure research collaboration with Nigerian scientists;
(b) make periodic reports concerning the subsequent use of the genetic resources; and
(c) share the benefits derived from the resources with the Government and people of Nigeria, and this undertaking shall be a continuing obligation relating to the genetic resources in whatever form they may be synthesised or manipulated and irrespective of their transfer to other parties.
(5) A person who-
(a) prospects for a genetic material in a National Park;
(b) removes or attempts to remove a biological material from a National Park;
(c) transfers a genetic material or indigenous knowledge relating to a genetic material, without the consent required under subsections (1) and (2) of this section, is guilty of an offence.