Editors --- "Biological Resources Bill 2006 (NT) - Digest" [2006] AUIndigLawRpr 80; (2006) 10(4) Australian Indigenous Law Reporter 83

• Biological Resources Bill 2006 (NT)
• Introduction
• 3 Object of Act
• 5 Meaning of bioprospecting
• Part 4 – Benefit-Sharing Agreements
• 27 Benefit-sharing agreement required
• 29 Benefit-sharing agreements

---

Biological Resources Bill 2006 (NT)

Introduction

The purpose of this Bill is to establish a regulatory framework for bio-prospecting in the Northern Territory. Bio-prospecting is the identification of new substances that can be used in the manufacture of new chemical and pharmaceutical ventures, and especially in the making of drugs. The proposed framework ensures that the permission of resource providers in Indigenous communities will be sought prior to the use of their biological resources, and that they will have the opportunity to partake in any benefits arising from the venture through a negotiated ‘Benefit Sharing Agreement’.

3 Object of Act

(1) The object of this Act is to facilitate bioprospecting in the Territory.

(2) The object is to be achieved by the following:

(a) promoting the conservation of biological resources in the Territory and the ecologically sustainable use of those biological resources;
(b) establishing an access regime designed to give certainty and minimise administrative cost for persons seeking to engage in bioprospecting in the Territory;
(c) establishing a contractual framework for benefit-sharing agreements to be entered into between bioprospectors and resource access providers for the use of Territory biological resources to ensure the equitable sharing of benefits arising from the use of those biological resources for biodiscovery;
(d) recognising the special knowledge held by indigenous persons about those biological resources;
(e) seeking to ensure that social, economic and environmental benefits arising from the use of Territory biological resources for biodiscovery accrue to the Territory;
(f) contributing to a nationally consistent approach to bioprospecting in Australia.

…

5 Meaning of bioprospecting

(1) Bioprospecting is the taking of samples of biological resources, existing in situ or maintained in an ex situ collection of such resources, for research in relation to any genetic resources, or biochemical compounds, comprising or contained in the biological resources.

(2) However, the following activities do not constitute bioprospecting:

(a) taking biological resources from an area of land or water by indigenous people who have traditionally used the area of land or water in accordance with aboriginal tradition for hunting, food gathering (other than for sale) and for ceremonial and religious purposes;

…

Part 4 – Benefit-Sharing Agreements

27 Benefit-sharing agreement required

(1) A bioprospector must enter into a benefit-sharing agreement with each resource access provider in relation to the resources to be taken under a permit.

…

29 Benefit-sharing agreements

(1) A benefit-sharing agreement must provide for reasonable benefit-sharing arrangements, including protection for, recognition of and valuing of any indigenous people’s knowledge to be used, and must include the following:

(a) full details of the parties to the agreement;
(b) if the resource access provider is the person granting physical access to the area – details regarding the time and frequency of entry to the area that has been agreed to be granted;
(c) the resources (including the name of the species, or lowest level of taxon, to which the resources belong, if known) to which access has been agreed to be granted;
(d) the quantity of the resources that has been agreed can be removed from the area;
(e) the purpose of the access, as disclosed to the resource access provider;
(f) a statement setting out the proposed means of labelling samples;
(g) the agreed disposition of ownership in the samples, including details of any proposed transmission of samples to third parties;
(h) a statement regarding any use of indigenous people’s knowledge, including details of the source of the knowledge, such as, for example, whether the knowledge was obtained from the resource access provider or from other indigenous persons;
(i) a statement regarding benefits to be provided or any agreed commitments given in return for the use of the indigenous people’s knowledge;
(j) the details of any proposals of the applicant to benefit biodiversity conservation in the area if access is granted;
(k) details of the benefits that the resource access provider will receive in return for the taking of the resources.

(2) In subsection (1), knowledge:

(a) is indigenous person’s knowledge if it is obtained from an indigenous person or indigenous persons; and
(b) is not indigenous person’s knowledge if it was obtained from scientific or other public documents, or otherwise from the public domain.