Document ID: chunk:federal_register_of_legislation:F2021L00219:body:0:p13
Version: federal_register_of_legislation:F2021L00219
Segment Type: other
Provision Reference: 
Character Range: 37084–40148

Research which involves actions that affect members of species that are protected under Part 13 of the EPBC Act (i.e. listed threatened species, ecological communities, migratory species, marine species, or cetaceans) must also comply with the provisions of Part 13
         of the Act unless done in accordance with this plan. Any research must also address the relevant EPBC Act requirements relating to listed heritage places including places on the Commonwealth Heritage List.

         Research or other approved activities may involve accessing or taking biological resources of native species. Access to biological resources (also known as bioprospecting or biodiscovery) is the taking of biological resources of native species for research and development on any genetic resources, or biochemical compounds, comprising or contained in samples or specimens of these species.

         Biological resources are defined by the EPBC Act (s.528) as including 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 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.
         Part 8A of the EPBC Regulations (made under s.301 of the Act) controls access to biological resources in Commonwealth areas including the park and botanic garden. Access to biological resources is also covered by ss.354 and 354A of the EPBC Act if the resources are members of a native species and/or if access is for commercial purposes.

         Key features of the EPBC Regulations on bioprospecting as they concern the park are as follows:

           1. Any person who wants to access biological resources must obtain a permit from the Minister.

           2. The "access provider" must agree to the taking of biological resources. The access provider for the park and botanic garden is the Director of National Parks.

           3. Where access is sought for commercial purposes or potential commercial purposes:

            (a)  The Director must give consent prior to the research being undertaken
            (b)  There must be a benefit-sharing agreement with the Director

            (c)   The benefit-sharing agreement must provide for reasonable benefit sharing arrangements

           4.   Where access is sought for non-commercial purposes:

            (a)  Written permission must be obtained from the Director

            (b)  A statutory declaration must be given to the Director declaring, among other things, that any biological resources taken are not intended to be used for commercial purposes, that a written report will be given to the Director on the results of any research into the biological resources, that samples will not be given to other people (other than voucher specimens to a specified research institution) without permission of the Director and that the person(s) given access will not carry, or