Australian Capital Territory Current Acts

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NATURE CONSERVATION ACT 2014 - SECT 208

Application—certain biological resources

    (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

.



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