Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p14
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 14/44)
Character Range: 154252–157016

of Part 2 of that Act as a means to validate actions that may otherwise be construed to be invalid future acts by that Act.
 (2) If an access provider is the Commonwealth, the Secretary of the Commonwealth Department with administrative responsibility for the Commonwealth area may, on behalf of the Commonwealth, enter into the benefit‑sharing agreement.
 (3) An agreement may be both a benefit‑sharing agreement, if it complies with this Division, and an indigenous land use agreement within the meaning of the Native Title Act 1993.
 (4) The Minister may publish in the Gazette a model benefit‑sharing agreement as a guide for applicants.

8A.08  Benefit‑sharing agreements
  A benefit‑sharing agreement must provide for reasonable benefit‑sharing arrangements, including protection for, recognition of and valuing of any indigenous people's knowledge to be used, and must include the following:
 (a) full details of the parties to the agreement;
 (b) details regarding the time and frequency of entry to the area that has been agreed to be granted;
 (c) the resources (including the name of the species, or lowest level of taxon, to which the resources belong, if known) to which access has been agreed to be granted and the quantity of the resources that has been agreed can be collected;
 (d) the quantity of the resources that has been agreed can be removed from the area;
 (e) the purpose of the access, as disclosed to the access provider;
 (f) a statement setting out the proposed means of labelling samples;
 (g) the agreed disposition of ownership in the samples, including details of any proposed transmission of samples to third parties;
 (h) a statement regarding any use of indigenous people's knowledge, including details of the source of the knowledge, such as, for example, whether the knowledge was obtained from scientific or other public documents, from the access provider or from another group of indigenous persons;
 (i) a statement regarding benefits to be provided or any agreed commitments given in return for the use of the indigenous people's knowledge;
 (j) if any indigenous people's knowledge of the access provider, or other group of indigenous persons, is to be used, a copy of the agreement regarding use of the knowledge (if there is a written document), or the terms of any oral agreement, regarding the use of the knowledge;
 (k) the details of any proposals of the applicant to benefit biodiversity conservation in the area if access is granted;
 (l) details of the benefits that the access provider will receive for having granted access.

8A.09  Consultation with owners of leased land
  If the land, or part of the land, that is the subject of an application for access to biological resources is land held under lease by