(1) The conservator may declare that this part does not apply to stated biological resources or a stated collection of biological resources (including future additions to the collection) if—
(a) the resources are held as specimens away from their natural environment by the Territory or a territory authority and the conservator has reasonable grounds to believe that access to the resources is in a way that is consistent with this part; or
(b) the conservator has reasonable grounds to believe that—
(i) access to the resources is under a law in force in the Territory; or
(ii) access to the resources is under a law (other than a Commonwealth law) in force in a State and, if the declaration is made, access to the resources would be in a way that is consistent with this part; or
(c) use of the resources is required to be controlled under any international agreement to which Australia is a party.
Example—international agreement to which Australia is a party
the International Treaty on Plant Genetic Resources for Food and Agriculture
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
(2) A person may ask the conservator to make a declaration.
(3) A declaration may be subject to conditions.
(4) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.