Document ID: chunk:federal_register_of_legislation:F2025L00230:reg:6:p1
Version: federal_register_of_legislation:F2025L00230
Segment Type: reg
Provision Reference: reg 6 (pt 1/2)
Character Range: 7098–10210

6  Indigenous knowledge or values relating to biodiversity
Methodology determinations must not prevent Indigenous engagement
 (1) A methodology determination must not contain any conditions or requirements that would prevent a project proponent, or a proposed project proponent, for a biodiversity project that is, or will be, covered by the methodology determination from doing either or both of the following in relation to the design or implementation of the project:
 (a) engaging with Aboriginal persons or Torres Strait Islanders on matters relating to biodiversity in native species;
 (b) using Indigenous knowledge or values, or Indigenous data, relating to enhancing or protecting biodiversity in native species.
Methodology determinations must not require sharing of Indigenous knowledge, values or data without appropriate consent
 (2) A methodology determination must not contain any conditions or requirements that would require the Regulator or a project proponent, or a proposed project proponent, for a biodiversity project that is, or will be, covered by the methodology determination to publish or otherwise share Indigenous knowledge or values, or Indigenous data, without the appropriate consent from relevant Aboriginal persons or Torres Strait Islanders.
Project proponents of projects subject to Indigenous land interests must engage appropriately with relevant Indigenous representatives
 (3) A methodology determination must contain a condition that a biodiversity project proposed to be covered by the methodology determination must not be registered if:
 (a) the project area for the project is subject to Indigenous land interests; and
 (b) the applicant has not demonstrated that they have engaged appropriately with the relevant Indigenous representatives for the project area in relation to the design and implementation of the project, including how Indigenous knowledge or values, or Indigenous data, relating to enhancing or protecting biodiversity in native species have been and are proposed to be used in a culturally appropriate way.
Project proponents of projects informed by Indigenous knowledge, values or data must obtain appropriate attribution etc.
 (4) A methodology determination must contain a condition that, if:
 (a) a biodiversity project proposed to be covered by the methodology determination includes, or is informed by, Indigenous knowledge or values, or Indigenous data, in relation to the project's design or implementation; and
 (b) the knowledge, values or data were informed by engagement with Aboriginal persons or Torres Strait Islanders;
  the project must not be registered unless the applicant:
 (c) provides evidence that the applicant has obtained the appropriate attribution for, and consent for the use of, the knowledge, values or data; and
 (d) provides evidence that culturally appropriate approaches are being used for the collection, interpretation, use, recording and governance of the knowledge, values or data; and
 (e) provides information relating to how the project design and implementation includes or is informed by the knowledge,