ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 - REG 8A.08 Benefit - sharing agreements

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 - REG 8A.08

    A benefit - sharing agreement must provide for reasonable benefit - sharing arrangements, including protection for, recognition of and valuing of any indigenous people's knowledge to be used, and must include the following:

  (a)   full details of the parties to the agreement;

  (b)   details regarding the time and frequency of entry to the area that has been agreed to be granted;

  (c)   the resources (including the name of the species, or lowest level of taxon, to which the resources belong, if known) to which access has been agreed to be granted and the quantity of the resources that has been agreed can be collected;

  (d)   the quantity of the resources that has been agreed can be removed from the area;

  (e)   the purpose of the access, as disclosed to the access provider;

  (f)   a statement setting out the proposed means of labelling samples;

  (g)   the agreed disposition of ownership in the samples, including details of any proposed transmission of samples to third parties;

  (h)   a statement regarding any use of indigenous people's knowledge, including details of the source of the knowledge, such as, for example, whether the knowledge was obtained from scientific or other public documents, from the access provider or from another group of indigenous persons;

  (i)   a statement regarding benefits to be provided or any agreed commitments given in return for the use of the indigenous people's knowledge;

  (j)   if any indigenous people's knowledge of the access provider, or other group of indigenous persons, is to be used, a copy of the agreement regarding use of the knowledge (if there is a written document), or the terms of any oral agreement, regarding the use of the knowledge;

  (k)   the details of any proposals of the applicant to benefit biodiversity conservation in the area if access is granted;

  (l)   details of the benefits that the access provider will receive for having granted access.