Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p11
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 11/44)
Character Range: 146376–149309

to access to Australia's biological resources.
Note: For the meaning of Commonwealth area, see the Act, section 525.

8A.02  Application of Part 8A to Commonwealth areas
  This Part applies to Commonwealth areas but does not apply to land leased by the Commonwealth or a Commonwealth agency unless the Commonwealth or the Commonwealth agency that holds the lease also holds a usage right in relation to the land that entitles the lessee to control access to the biological resources in and on the land.
Note 1: For the meaning of Commonwealth area, see the Act, section 525.
Note 2: Access to biological resources in Commonwealth reserves must be in accord with provisions of the Act and these Regulations dealing with Commonwealth reserves.

8A.03  Meaning of access to biological resources
 (1) In this Part:
access to biological resources 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 (other than an activity mentioned in subregulation (3)).
Examples: Examples of access to biological resources include collecting living material or analysing and sampling stored material, for various purposes including taxonomic research, other research and potential commercial product development.
Note: For the meaning of biological resources, genetic resources and native species, see the Act, section 528.
 (2) A person is taken to have access to biological resources if there is a reasonable prospect that biological resources taken by the person will be subject to research and development on any genetic resources, or biochemical compounds, comprising or contained in the biological resources.
 (3) The definition, access to biological resources, in subregulation (1) does not include the following activities:
 (a) the taking of biological resources by indigenous persons:
 (i) for a purpose other than a purpose mentioned in subregulation (1); or
 (ii) in the exercise of their native title rights and interests;
 (b) access to human remains;
 (c) the taking of biological resources that have been cultivated or tended for a purpose other than a purpose mentioned in subregulation (1);
 (d) the taking of public resources for a purpose other than a purpose mentioned in subregulation (1);
 (e) the taking of a biological resource that is:
 (i) a genetically modified organism for the purposes of section 10 of the Gene Technology Act 2000; or
 (ii) a plant variety for which a Plant Breeder's Right has been granted under section 44 of the Plant Breeder's Rights Act 1994;
 (f) access to biological resources specified in a declaration under regulation 8A.05.
 (4) For paragraph (3)(d), taking of public resources includes the following activities:
 (a) fishing for commerce or recreation, game or charter fishing or collecting broodstock for aquaculture;
 (b) harvesting wildflowers;
 (c)