Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p15
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 15/44)
Character Range: 156783–159552

provider will receive for having granted access.

8A.09  Consultation with owners of leased land
  If the land, or part of the land, that is the subject of an application for access to biological resources is land held under lease by the Commonwealth or a Commonwealth agency (including land leased in the Territory of Norfolk Island by the Commonwealth or a Commonwealth agency), each access provider must consult with the owner of that land before entering into a benefit‑sharing agreement.

8A.10  Informed consent
 (1) If the biological resources to which access is sought are in an area that is indigenous people's land and an access provider for the resources is the owner of the land or a native title holder for the land, the owner or native title holder must give informed consent to a benefit‑sharing agreement concerning access to the biological resources.
 (2) In considering whether an access provider has given informed consent to a benefit‑sharing agreement, the Minister must consider the following matters:
 (a) whether the access provider had adequate knowledge of these Regulations and was able to engage in reasonable negotiations with the applicant for the permit about the benefit‑sharing agreement;
 (b) whether the access provider was given adequate time:
 (i) to consider the application for the permit, including time to consult with relevant people; and
 (ii) if the biological resources are in an area that is indigenous people's land and an access provider for the resources is the owner of the land, to consult with the traditional owners of the land; and
 (iii) to negotiate the benefit‑sharing agreement;
 (c) if the biological resources are in an area that is indigenous people's land and an access provider for the resources is an owner of the land and is represented by a land council—whether the views of the land council about the matters mentioned in paragraphs (a) and (b) have been sought;
 (d) if access is sought to the biological resources of an area in relation to which native title exists—the views of any representative Aboriginal/Torres Strait Islander body or any body performing the functions of a representative body, within the meaning of the Native Title Act 1993, for the area about the matters mentioned in paragraphs (a) and (b);
 (e) whether the access provider has received independent legal advice about the application and the requirements of these Regulations.
 (3) The Minister may be satisfied that informed consent has been given by any native title holders who may be 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;