Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 212

    (1)     The conservator must not enter into a benefit-sharing agreement on behalf of the Territory concerning access to biological resources for which a native title holder is an access provider unless the conservator is satisfied on reasonable grounds that the access provider has given informed consent to the benefit-sharing agreement.

    (2)     In considering whether an access provider has given informed consent to a benefit-sharing agreement, the conservator must consider the following matters:

        (a)     whether the access provider had adequate knowledge of this part and was able to engage in reasonable negotiations with the applicant for the nature conservation licence about the benefit-sharing agreement;

        (b)     whether the access provider was given adequate time—

              (i)     to consider the application for the nature conservation licence (including time to consult relevant people); and

              (ii)     to negotiate the benefit-sharing agreement;

        (c)     whether the views of any representative Aboriginal body or any other body performing the functions of a representative body for the reserve have been sought;

        (d)     whether the access provider has received independent legal advice about the application and the requirements of this part.