Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p12
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 12/44)
Character Range: 149008–151869

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) taking wild animals or plants for food;
 (d) collecting peat or firewood;
 (e) taking essential oils from wild plants;
 (f) collecting plant reproductive material for propagation;
 (g) commercial forestry.

8A.04  Meaning of access provider
 (1) In this Part:
access provider, for biological resources in a Commonwealth area to which this Part applies, means the following:
 (a) if the area is land owned by the Commonwealth—the Commonwealth;
 (b) if the area is land owned by a Commonwealth agency—the Commonwealth agency;
 (c) if the area is land held under lease by the Commonwealth or a Commonwealth agency and is indigenous people's land—the owner of the land;
 (d) if the area is land held under lease by the Commonwealth and is not indigenous people's land—the Commonwealth;
 (e) if the area is land held under lease by a Commonwealth agency and is not indigenous people's land—the Commonwealth agency;
 (f) if the area is land in an external Territory (except the Territory of Norfolk Island) or in the Jervis Bay Territory, and is not land to which paragraph (a), (b), (c), (d) or (e) applies—the Commonwealth;
 (g) if the area is a Commonwealth marine area—the Commonwealth;
 (h) if the area is any other area of land, sea or seabed that is included in a Commonwealth reserve—the Commonwealth;
 (i) if native title exists in relation to the area—the native title holders for the area.
Note: There may be more than one access provider for biological resources. For example, if native title exists in relation to a Commonwealth area, the Commonwealth (or Commonwealth agency) and the native title holders are both access providers.
 (2) A reference to land in subregulation (1) includes a reference to airspace over the land.
Note: A Commonwealth marine area includes areas of airspace and seabed relating to the area—see the definition of Commonwealth marine area in section 24 of the Act.

8A.05  Exemption for specified biological resources or collections
 (1) The Minister may declare that this Part does not apply to specified biological resources or a specified collection of biological resources (including future additions to the collection) if:
 (a) the resources are held as specimens away from their natural environment (whether in a collection or otherwise) by a Commonwealth Department or Commonwealth agency and there are reasonable grounds to believe that access to the biological resources is administered by the Department or agency in a manner that is consistent with the purpose of this Part; or
 (b) there are reasonable grounds to