Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:46:p17
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 46 (pt 17/19)
Character Range: 385967–388894

the taking of the action.
 (3) If the proposed access is not a controlled action and assessment by public notice is required, the Minister must decide whether to issue a permit after receiving the comments received under paragraph 8A.16(3)(c) and the responses mentioned in subregulation 8A.16(4).
 (4) In deciding whether to issue a permit under subregulation (2) or (3):
 (a) the Minister must take into account:
 (i) the reports and information mentioned in the relevant subregulation; and
 (ii) the views of any owner of land consulted under regulation 8A.09; and
 (iii) the views of any Commonwealth Department, Commonwealth agency or person consulted by the Minister under paragraph 8A.15(1); and
 (iv) the assessment mentioned in regulation 8A.15; and
 (b) the Minister may take into account any other matter that the Minister considers relevant.
 (5) However, if the Minister considers that he or she does not have sufficient information to decide whether to issue a permit under subregulation (3), the Minister may ask for more information from any person who may have information relevant to the application.
 (6) For paragraph 17.03(1)(a), the requirements are:
 (a) for an application for access to biological resources for commercial purposes:
 (i) the applicant has entered into a benefit‑sharing agreement for the biological resources with each access provider; and
 (ii) the applicant has given to the Minister a copy of each benefit‑sharing agreement; and
 (iii) if the resources are in an area that is indigenous people's land and an access provider for the resources is the owner of that land—the Minister is satisfied that the owner has given informed consent to the benefit‑sharing agreement; and
 (b) for an application for access to biological resources for non‑commercial purposes:
 (i) the applicant has permission from each access provider for the area in accordance with subregulation 8A.12(1); and
 (ii) the applicant has given to the Minister a copy of the statutory declaration required under regulation 8A.13; and
 (c) the Minister believes, on reasonable grounds, that some of the benefits of access to the biological resources will, if practicable, be used for biodiversity conservation in the area from where the resources were taken; and
 (d) for proposed access in a Commonwealth reserve, access would be consistent with any management plan in operation for the reserve; and
 (e) for proposed access in Kakadu National Park, Uluru‑Kata Tjuta National Park or Booderee National Park, access would be consistent with any lease of indigenous people's land in the park; and
 (f) the proposed access will, taking into account the precautionary principle, be ecologically sustainable and consistent with the conservation of Australia's biological diversity.
Note: For the meaning of precautionary principle, see the Act, section 391.
 (7) In considering whether the requirement in paragraph (6)(f)