Document ID: chunk:federal_register_of_legislation:F2018L00327:front:0:p59
Version: federal_register_of_legislation:F2018L00327
Segment Type: other
Provision Reference: 
Character Range: 167775–170695

title rights
Native title rights may exist in offshore waters within Australia's jurisdiction. Native title determinations need not have been made in order for native title rights to exist.
The EPBC Act does not affect the operation of the Native Title Act 1993 and s.211 in particular, which in certain circumstances allows native title holders to hunt (and undertake other activities) in the exercise of native title rights without a permit or licence (s.8 EPBC Act). Prohibitions and other provisions of the EPBC Act and EPBC Regulations dealing with activities in Commonwealth reserves do not prevent Indigenous people from continuing their traditional use of an area in a reserve for hunting or gathering (except for purposes of sale), or for ceremonial and religious purposes, in accordance with the EPBC Act s.359A.
Access to biological resources
Access to biological resources in Commonwealth areas is regulated under the EPBC Regulations Part 8A and a permit from the Minister is required. Access to biological resources is defined in the EPBC Regulations and broadly means the taking of biological resources of native species for research and development on any genetic resources, or biochemical compounds, comprising or contained in the biological resources. Biological resources are defined by the EPBC Act as genetic resources, organisms, parts of organisms, populations and any other biotic component of an ecosystem with actual or potential use or value for humanity. Genetic resources are defined by the EPBC Act as any material of plant, animal, microbial or other origin that contains functional units of heredity, and that has actual or potential value for humanity.
Penalties
Civil and criminal penalties may be imposed for breaches of the EPBC Act and criminal penalties may be imposed for breaches of the EPBC Regulations.
S1.2 Other relevant legislation
The Environment Protection (Sea Dumping) Act 1981 (Sea Dumping Act) regulates the loading for the purpose of dumping and dumping of controlled material at sea (including certain wastes and other matter), and the placement of artificial reefs. The Act gives effect to Australia's obligations under the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Protocol). Under the Sea Dumping Act, dumping at sea is prohibited, except for possibly acceptable wastes or other matter that may be considered under a permit.
The Fisheries Act 1994 and Fisheries Regulation 2008 are the regulatory framework for the management of Queensland fisheries resources. The Torres Strait Fisheries Act 1984 is the regulatory framework for fisheries in certain waters between Australia and Papua New Guinea.
The Fisheries Management Act 1991 regulates fishing activities in the Australian Fishing Zone, from the Australian coastline to 200 nm, including waters surrounding external territories.