Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this Part:
access provider , for biological resources in a Commonwealth area to which this Part applies, means the following:
(a) if the area is land owned by the Commonwealth -- the Commonwealth;
(b) if the area is land owned by a Commonwealth agency -- the Commonwealth agency;
(c) if the area is land held under lease by the Commonwealth or a Commonwealth agency and is indigenous people's land -- the owner of the land;
(d) if the area is land held under lease by the Commonwealth and is not indigenous people's land -- the Commonwealth;
(e) if the area is land held under lease by a Commonwealth agency and is not indigenous people's land -- the Commonwealth agency;
(f) if the area is land in an external Territory (except Norfolk Island) or in the Jervis Bay Territory, and is not land to which paragraph (a), (b), (c), (d) or (e) applies -- the Commonwealth;
(g) if the area is a Commonwealth marine area -- the Commonwealth;
(h) if the area is any other area of land, sea or seabed that is included in a Commonwealth reserve -- the Commonwealth;
(i) if native title exists in relation to the area -- the native title holders for the area.
Note There may be more than one access provider for biological resources. For example, if native title exists in relation to a Commonwealth area, the Commonwealth (or Commonwealth agency) and the native title holders are both access providers.
(2) A reference to land in subregulation (1) includes a reference to airspace over the land.
Note A Commonwealth marine area includes areas of airspace and seabed relating to the area -- see the definition of Commonwealth marine area in section 24 of the Act.