Regional or National Measures

Australia
ABS Measures
  • Australian Biotechnology : A National Biotechnology Strategy
  • Biodiscovery in Victoria- A framework for managing access to and use of our native biological resources
  • Biovision Tasmania 2007-2015: Tasmania's Biotechnology Strategy
  • Environment Protection and Biodiversity Conservation Act 1999
  • Environment Protection and Biodiversity Conservation Amendment Regulations 2005 (No.2)
  • Environment Protection and Biodiversity Conservation Regulations 2000
  • Explanatory document of the Nationally consistent approach for access to and the utilisation of australia's native genetic and biochemical resources
  • Nationally consistent approach for access to and the utilisation of australia's native genetic and biochemical resources
  • Northern Territory of Australia Biological Resources Act 2006
  • Queensland's Biodiscovery Act 2004
  • Main ABS Elements

    ABS Element
    Official Title of the Measure
    Description Relevant articles and sections
    Competent National Authority
    Environment Protection and Biodiversity Conservation Amendment Regulations 2005 (No.2)
    Assessment of applications by Minister Reg. 8A.15
    Authorization of access Reg. 17.01(ab)
    Northern Territory of Australia Biological Resources Act 2006
    Chief Executive Officer (if activity comprises bioprospecting) Sec. 12-23
    Permit issuing authority Sec. 12, 21
    Queensland's Biodiscovery Act 2004
    The Department of State Development and Innovation (DSDI) Minister (benefit sharing agreements) Sec. 33, 36
    The Environment Protection Agency (EPA) (collection) Sec. 13-14
    Scope
    Environment Protection and Biodiversity Conservation Amendment Regulations 2005 (No.2)
    Reg. 8A.02
    Northern Territory of Australia Biological Resources Act 2006
    Sec. 9
    Queensland's Biodiscovery Act 2004
    Including extra-territorial application Sec. 6-9
    Prior Informed Consent (PIC) Procedures
    Environment Protection and Biodiversity Conservation Amendment Regulations 2005 (No.2)
    Permits issued by the Minister Reg. 17.01(ab)-17.03B
    PIC for commercial purposes Reg. 8A.10
    PIC for non-commercial purposes Reg. 8A.12-8A.14
    Northern Territory of Australia Biological Resources Act 2006
    Sec. 27-28
    Queensland's Biodiscovery Act 2004
    PIC for approval of biodiscovery plans (including a benefit-sharing agreement) Sec. 36
    PIC for collecting authorities Sec. 11
    Mutually Agreed Terms (MATs)
    Environment Protection and Biodiversity Conservation Amendment Regulations 2005 (No.2)
    Benefit-sharing agreement for commercial purposes Reg. 8A.07-8A.11
    Northern Territory of Australia Biological Resources Act 2006
    Benefit-sharing agreements Sec. 27-32
    Queensland's Biodiscovery Act 2004
    Conditions of benefit-sharing agreements Sec. 34-35
    Compliance Mechanisms
    Environment Protection and Biodiversity Conservation Amendment Regulations 2005 (No.2)
    Penalty (access without permission) Reg. 8A.06
    Northern Territory of Australia Biological Resources Act 2006
    Certificate of provenance Sec. 35-37
    Offences (penalty) Sec. 38-41
    Reporting Sec. 24
    Queensland's Biodiscovery Act 2004
    Offences (penalty, imprisonment) Sec. 50-58
    Traditional Knowledge Associated to Genetic Resources
    Environment Protection and Biodiversity Conservation Amendment Regulations 2005 (No.2)
    Benefit-sharing, PIC, permission Reg. 8A.08, 8A.10, 17.02(ga), 17.03A
    Northern Territory of Australia Biological Resources Act 2006
    In PIC and benefit-sharing elements Sec. 28-29
    Other
    Environment Protection and Biodiversity Conservation Act 1999
    General provision Sec. 301
    Environment Protection and Biodiversity Conservation Amendment Regulations 2005 (No.2)
    Exemptions Reg. 8A.05
    Northern Territory of Australia Biological Resources Act 2006
    Definitions of "Biodiscovery" and "Bioprospecting" Sec. 4
    Queensland's Biodiscovery Act 2004
    Confidentiality Sec. 116 - 117
    Definition of “native biological resources” includes virus Sec. 5

    • United Nations
    • United Nations Environment Programme