Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In this part:
"accessing biological resources"—
(a) means taking biological resources of native species for research and development on any genetic resources, or biochemical compounds, comprising or contained in the biological resources; but
Examples
1 collecting living material for taxonomic research
2 analysing and sampling stored material for potential commercial product development
(b) does not include the following activities:
(i) Aboriginal or Torres Strait Islander people taking biological resources—
(A) for a purpose other than a purpose mentioned in paragraph (a); and
(B) in the exercise of their native title rights and interests;
(ii) accessing human remains;
(iii) taking biological resources that have been cultivated or tended for a purpose other than a purpose mentioned in paragraph (a);
(iv) taking public resources for a purpose other than a purpose mentioned in paragraph (a);
(v) taking a biological resource that is a genetically modified organism;
(vi) accessing biological resources mentioned in a declaration under section 208.
(2) A person is taken to have access to biological resources if there is a reasonable prospect that biological resources taken by the person will be subject to research and development on any genetic resources, or biochemical compounds, comprising or contained in the biological resources.
(3) In this section:
"genetically modified organism"—see the Gene Technology Act 2003
, dictionary.
"taking public resources" includes the following activities:
(a) fishing for commerce or recreation;
(b) collecting broodstock for aquaculture;
(c) harvesting wildflowers;
(d) taking wild animals or plants for food;
(e) collecting peat or firewood;
(f) taking essential oils from wild plants;
(g) collecting plant reproductive material for propagation;
(h) commercial forestry.