Document ID: chunk:federal_register_of_legislation:F2016L00002:front:0:p157
Version: federal_register_of_legislation:F2016L00002
Segment Type: other
Provision Reference: 
Character Range: 450146–453269

Act, in accordance with protocols agreed with the Director and approved by the Board.

     10.12.6      Research and monitoring may only be carried out for commercial purposes if approved by the Board (generally or in relation to a particular research and monitoring activity) and under a permit from the Director.

     10.12.7      Research and monitoring may be authorised if the Director is satisfied:

        (a)      the project activities will not have an unacceptable impact on park values

        (b)      the project will be conducted in a manner not inconsistent with achieving the objectives of this management plan.

     10.12.8      Persons carrying out research and monitoring under agreement with or permit from the Director must make data and results of research and monitoring available to the Director, including progress reports for longer-term research, in a specified format including plain English summaries for Bininj/Mungguy and staff. The Director may make such information available to park users and other interested parties.

     10.12.9      Extractive research and monitoring activities (collection of rock and soil samples) may be authorised if the Director is satisfied:

        (a)      the activities are not inconsistent with the other prescriptions in this Section

        (b)      the research is not for the purpose of mining operations.

     10.12.10  A person may have access to biological resources in accordance with the relevant provisions of the EPBC Act and Regulations relating to the activity, in addition to the other applicable Policies in this Section.

       Table 6: Key EPBC requirements for access to biological resources as they concern the park

     1. Any person who wants to access biological resources must obtain a permit from the Minister for the Environment.

    2.       The 'access provider' must agree to the taking of biological resources. The access provider for Aboriginal land in Kakadu is the relevant land trust, and for non-Aboriginal land it is the Director.

    3.       Where access is sought for commercial purposes or potential commercial purposes:

       (i)        there must be a benefit-sharing agreement with the relevant access provider

       (ii)       the benefit-sharing agreement must provide for reasonable benefit-sharing arrangements, including protection for, recognition of, and valuing of any Indigenous people's knowledge that is to be used

       (iii)     where access is sought to Aboriginal land in the park the relevant land trust must give 'informed consent' to the benefit-sharing agreement, after the traditional owners of the land have been consulted and the views of the NLC obtained.

    4.       Where access is sought for non-commercial purposes:

       (i)        written permission must be obtained from the relevant access provider

       (ii)       a statutory declaration must be given to the access provider declaring, among other things, that any biological resources taken are not intended to be used for commercial purposes; that a written report will be given to the access provider on