Step 1: Application
- The Amerindian Act of 2006, Section 5, part II states “A person, other than a person travelling for official business for the Government who wishes to enter Village lands shall apply for and obtain the permission of the village Council”.
- A person, other than a person traveling for official business for the Government, who wishes to conduct any scientific, anthropological or archaeological research or any other research or study which relates to biological diversity, the environment or natural resources or to use or knowledge thereof within Village lands shall apply for an obtain in advance-
- a. The permission of the Village Council
- b. All permits required under any other written law; and
- c. The permission of the Minister
- – Each person is required to complete the Application form for entry into an Indigenous Village.
- – Submission of entry application to the Ministry must be accompanied by the written consent of the Village Council and any other permission necessary and a letter addressed to the Honourable Minister on purpose of the visit.
- – Entry applications with all other correspondence should be submitted at least one month prior to visit. Applications and accompanying documents can be emailed to the Ministry.
Step 2: Report; use of scientific and other research
- A person who carries out any research or study under section 5 (3) shall provide the Village Council and the Minister with:
- – A full written report of his findings
- – A copy of all recordings made; and
- – A copy of any publication containing material derived from such research.
- person who wishes to make use of any material derived from research or study shall:
- – Apply and obtain the permission of the Village Council, the Minister, and the Minister with the responsibility for culture, and the Environmental Protection Agency established under the Environmental Protection Act 1996.
- – In good faith negotiate and enter into a benefit sharing agreement with the Village Council
- – If a person breaches any condition of a permission granted to him/her the Village Council may revoke his/her permission after giving him/her a reasonable opportunity to be heard.
- – A person who remains within Village lands after his/her permission has been revoked is guilty of an offence and is liable to penalties as prescribed by the Amerindian Act.
- – A person who continues to carry out research in village lands after his permission has been revoked is guilty of an offence and is liable to penalties as prescribed by the Amerindian Act.
- – A person who has obtained the permission from a Village Council shall comply with the rules made by the Village Council.
Any person who contravenes the process is guilty of an offence and is liable to penalties prescribed by the Amerindian Act.