Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p16
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 16/44)
Character Range: 159316–162106

affected by the issue of a permit if the benefit‑sharing agreement:
 (a) is a registered indigenous land use agreement, under the Native Title Act 1993, for the area; and
 (b) authorises the action proposed to be taken under the permit; and
 (c) sets out the native title holders' consent to the issue of the permit.
Note: The requirements relating to indigenous land use agreements are set out in Part 2, Division 3 of the Native Title Act 1993.

8A.11  Requirement for permit
  A benefit‑sharing agreement takes effect only if a permit for the proposed access is issued under Part 17.

Division 8A.3—Access to biological resources for non‑commercial purposes

8A.12  Written permission of access provider required
 (1) An applicant for a permit for access to biological resources for non‑commercial purposes in a Commonwealth area to which this Part applies must obtain the written permission of each access provider for the resources to:
 (a) enter the Commonwealth area; and
 (b) take samples from the biological resources of the area; and
 (c) remove samples from the area.
Note 1: There may be more than one access provider for biological resources—see subregulation 8A.04(1).
Note 2: Since a written permission of the kind mentioned in this regulation may purport to affect native title rights and interests in relation to land or water, applicants need to be aware of the provisions of the Native Title Act 1993 and the availability of indigenous land use agreements under Division 3 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, give the written permission required under subregulation (1).
 (3) A written permission may be both a permission under subregulation (1), if it complies with this Division, and an indigenous land use agreement within the meaning of the Native Title Act 1993.

8A.13  Statutory declaration
  An applicant for a permit for access to biological resources for non‑commercial purposes in a Commonwealth area to which this Part applies must provide a copy of a statutory declaration given to each access provider declaring that the applicant:
 (a) does not intend to use the biological resources, to which the application relates, for commercial purposes; and
 (b) undertakes to give a written report on the results of any research on the biological resources to each access provider; and
 (c) undertakes to offer, on behalf of each access provider, a taxonomic duplicate of each sample taken to an Australian public institution that is a repository of taxonomic specimens of the same order