Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:46:p18
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 46 (pt 18/19)
Character Range: 388598–391350

will, taking into account the precautionary principle, be ecologically sustainable and consistent with the conservation of Australia's biological diversity.
Note: For the meaning of precautionary principle, see the Act, section 391.
 (7) In considering whether the requirement in paragraph (6)(f) is met, the Minister must consider whether the proposed access may adversely affect:
 (a) the conservation status of any species or population; or
 (b) any ecosystem or ecological community.
Note: For the meaning of ecological community, ecosystem and species, see the Act, section 528.

17.03B  Access to biological resources—effect of native title
 (1) This regulation applies to an application for access to biological resources in an area that is not Aboriginal/Torres Strait Islander land or waters in relation to:
 (a) the issue of a permit to which paragraph 17.01(ab) applies; or
 (b) variation to, or the revoking of, conditions attaching to a permit to which paragraph 17.01(ab) applies; or
 (c) the addition of conditions, or further conditions, attaching to a permit to which paragraph 17.01(ab) applies.
 (2) The Minister may issue the permit, vary the conditions attaching to the permit or add conditions to the permit only if the Minister is satisfied that the action would not be an invalid future act under the Native Title Act 1993.
Note: The procedural rights arising from the doing of a future act are set out in Part 2, Division 3 of the Native Title Act 1993.
 (3) For subregulation (2), the Minister may be satisfied that issuing the permit, varying the conditions attaching to the permit or adding conditions to the permit would not be an invalid future act under the Native Title Act 1993 if:
 (a) an indigenous land use agreement has been registered for the area under the Native Title Act 1993; and
 (b) the indigenous land use agreement authorises the action proposed to be taken under the permit; and
 (c) sets out the native title holders' consent to the issue of, or the variation or the addition of conditions to, the permit.
 (4) In this regulation:
Aboriginal/Torres Strait Islander land or waters has the meaning given by section 253 of the Native Title Act 1993.
indigenous land use agreement has the meaning given by section 253 of the Native Title Act 1993.
registered means registered on the Register of Indigenous Land Use Agreements under the Native Title Act 1993.

17.04  Content of permits
 (1) A permit must:
 (a) be in writing; and
 (b) state the following information:
 (i) the provision of the Act or these Regulations for which it is issued;
 (ii) the activity that is permitted;
 (iii) when the permit commences and expires;
 (iv) the conditions subject to which it is issued;
 (v) the name and address of