Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An applicant for a permit for access to biological resources for non‑commercial purposes in a Commonwealth area to which this Part applies must obtain the written permission of each access provider for the resources to:
(a) enter the Commonwealth area; and
(b) take samples from the biological resources of the area; and
(c) remove samples from the area.
Note 1 There may be more than one access provider for biological resources -- see subregulation 8A.04 (1).
Note 2 Since a written permission of the kind mentioned in this regulation 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, give the written permission required under subregulation (1).
(3) A written permission may be both a permission under subregulation (1), if it complies with this Division, and an indigenous land use agreement within the meaning of the Native Title Act 1993 .