Simplified outline of this Part
13 Simplified outline of this Part
Under Part II of the BBNJ Agreement, Australia has notification and information sharing obligations relating to:
the collection of marine genetic resources in areas beyond national jurisdiction; and
the use of marine genetic resources collected in areas beyond national jurisdiction, or digital sequence information of such marine genetic resources, to carry out research and development on the genetic or biochemical composition of the marine genetic resources (called utilisation).
The purpose of this Part is to enable the Minister to obtain the information needed to meet these obligations.
An Australian entity that carries out an activity constituting the collection of marine genetic resources in an area beyond national jurisdiction must, before and after the activity, give the Minister certain information relating to the activity.
An Australian entity who carries out an activity constituting the utilisation of marine genetic resources collected in an area beyond national jurisdiction, or digital sequence information of such marine genetic resources, must:
give the Minister certain information relating to each result of the utilisation that becomes publicly available; and
in some cases, give the Minister certain information relating to the activity during which the marine genetic resources were collected; and
deposit the utilised marine genetic resources or digital sequence information into a repository or database prescribed by the rules.
An owner of such a database or repository is required to report on, and keep records of, marine genetic resources and digital sequence information held in the database or repository.
A person who fails to comply with a requirement under this Part may be subject to civil or criminal penalties.
This Part does not apply in relation to:
Defence Force activities; or
an area in Antarctica, or the area to which the Convention on the Conservation of Antarctic Marine Living Resources applies; or
certain kinds of fishing activities.
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