Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p17
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 17/44)
Character Range: 161855–164752

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 or genus as those collected for permanent loan; and
 (d) undertakes not to give a sample to any person, other than an institution referred to in paragraph (c), without permission of each access provider; and
 (e) undertakes not to carry out, or allow others to carry out, research or development for commercial purposes on any genetic resources or biochemical compounds comprising or contained in the biological resources unless a benefit‑sharing agreement has been entered into, in accordance with Division 8A.2, with each access provider.

8A.14  Requirement for permit
  A written permission given under subregulation 8A.12(1) takes effect only if a permit for the proposed access is issued under Part 17.

Division 8A.4—Assessment of applications

8A.15  Assessment by Minister
 (1) In assessing an application for a permit, the Minister may consult any Commonwealth Department, any Commonwealth agency or any other person that may have information relevant to the application.
 (2) If the application is for access to biological resources for commercial purposes, the Minister:
 (a) must take into account the extent to which the requirements of regulation 8A.08 have been met by the benefit‑sharing agreement; and
 (b) must consider whether all the other requirements of Division 8A.2 have been met.
 (3) If the application is for access to biological resources for non‑commercial purposes, the Minister must consider whether the requirements of Division 8A.3 have been met.

8A.16  Assessment of environmental impact
 (1) This regulation applies to an application for a permit to which paragraph 17.01(ab) applies if the proposed access is not a controlled action.
Note: For the meaning of controlled action, see the Act, section 67.
 (2) The application must be assessed by public notice if the Minister believes, on reasonable grounds, that the proposed access to biological resources is likely to have more than negligible environmental impact.
 (3) After all the documents required to consider an application have been received by the Minister and the application is required to be assessed by public notice:
 (a) the Minister must tell the applicant, within 20 business days after receiving all the required documents, that the application is required to be assessed by public notice; and
 (b) the applicant must give the Minister a summary of the likely environmental impacts of the proposed access; and
 (c) within 10 business days after receiving the summary, the Minister must:
 (i) publish on the Internet a notice inviting any person to comment on the likely environmental impacts of the proposed access within a specified time