Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An applicant for a permit for access to biological resources for commercial purposes or potential commercial purposes in a Commonwealth area to which this Part applies must enter into a benefit‑sharing agreement with each access provider for the resources.
Note 1 There may be more than one access provider for biological resources -- see subregulation 8A.04 (1).
Note 2 Since benefit‑sharing agreements under this Division may purport to affect native title rights and interests in relation to land or water, applicants need to be aware of the provisions of the Native Title Act 1993 and the availability of indigenous land use agreements under Division 3 of Part 2 of that Act as a means to validate actions that may otherwise be construed to be invalid future acts by that Act.
(2) If an access provider is the Commonwealth, the Secretary of the Commonwealth Department with administrative responsibility for the Commonwealth area may, on behalf of the Commonwealth, enter into the benefit‑sharing agreement.
(3) An agreement may be both a benefit‑sharing agreement, if it complies with this Division, and an indigenous land use agreement within the meaning of the Native Title Act 1993 .
(4) The Minister may publish in the Gazette a model benefit‑sharing agreement as a guide for applicants.