Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p13
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 13/44)
Character Range: 151633–154473

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 believe that:
 (i) access to the resources is controlled by another Commonwealth, self‑governing Territory or State law; and
 (ii) if the declaration is made—access to the resources would be in a manner that is consistent with the purpose of this Part; or
 (c) use of the resources is required to be controlled under any international agreement to which Australia is a party.
Example: The International Treaty on Plant Genetic Resources for Food and Agriculture, to which Australia is a signatory, obliges signatories to control access to the genetic resources of some foods in some circumstances.
 (2) A holder of biological resources to which paragraph (1)(a) applies may request the Minister, in writing, to make a declaration under subregulation (1).
 (3) A declaration under paragraph (1)(b) or (c) may provide that this Part does not apply to the biological resources in specified circumstances.
 (4) A declaration under subregulation (1) must be published in the Gazette.

8A.06  Access to biological resources requires permit
 (1) A person may have access to biological resources in a Commonwealth area to which this Part applies only in accordance with a permit in force under Part 17.
Penalty: 50 penalty units.
Note: The Minister may issue a permit only if the applicant has given the Minister a copy of each benefit‑sharing agreement required in relation to the application—see paragraph 17.03A(6)(a).
 (2) Subregulation (1) does not apply to a person in relation to biological resources that are in a Commonwealth area for which the person is an access provider.

Division 8A.2—Access to biological resources for commercial purposes or potential commercial purposes

8A.07  Benefit‑sharing agreement required
 (1) An applicant for a permit for access to biological resources for commercial purposes or potential commercial purposes in a Commonwealth area to which this Part applies must enter into a benefit‑sharing agreement with each access provider for the resources.
Note 1: There may be more than one access provider for biological resources—see subregulation 8A.04(1).
Note 2: Since benefit‑sharing agreements under this Division may purport to affect native title rights and interests in relation to land or water, applicants need to be aware of the provisions of the Native Title Act 1993 and the availability of indigenous land use agreements under Division 3 of Part 2 of that Act as a means to validate actions that may otherwise be construed to be invalid future acts by that Act.
 (2) If an access provider is the Commonwealth, the Secretary of the Commonwealth Department with