Document ID: chunk:federal_register_of_legislation:F2018L00321:front:0:p67
Version: federal_register_of_legislation:F2018L00321
Segment Type: other
Provision Reference: 
Character Range: 196768–199741

Importance kept under the Ramsar Convention only after seeking the agreement of relevant states, self-governing territories and land holders;
 2. that the Minister must make plans for managing wetlands listed under the Ramsar Convention that are entirely in Commonwealth areas other than Commonwealth reserves. The Commonwealth and Commonwealth agencies must not contravene such plans;
 3. that the Commonwealth must try to prepare and implement management plans for other wetlands listed under the Ramsar Convention, in cooperation with the relevant states and self-governing territories;
 4. that the Commonwealth and Commonwealth agencies have duties relating to declared Ramsar wetlands in states and territories; and
 5. that the Commonwealth can provide assistance for the protection or conservation of declared Ramsar wetlands.
The prescriptions in this plan are consistent with the Australian Ramsar management principles prescribed in Schedule 6 of the EPBC Regulations and other relevant obligations under the EPBC Act for the management of wetlands included in the List of Wetlands of International Importance kept under the Ramsar Convention.
EPBC Act and Indigenous traditional rights and native 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