Informed consent
28 Informed consent
(1) If a resource access provider is not the Territory or a statutory corporation, the CEO must be satisfied the resource access provider has given prior informed consent to the terms of a benefit-sharing agreement.
(2) In considering whether a resource access provider has given informed consent, the CEO must consider the following matters:
(a) whether the resource access provider had adequate knowledge of this Act and was able to engage in reasonable negotiations with the applicant for the permit about the benefit-sharing agreement;
whether the resource access provider was given adequate time:
to consult with relevant people; and
(ii) if the biological resources are in an area that is Aboriginal land and a resource access provider for the resources is a Land Trust – for the responsible Land Council to consult with the traditional owners for the land; and
to negotiate the benefit-sharing agreement;
(c) whether the resource access provider has received independent legal advice about the application and requirements of this Act.
This Act’s bill:Explanatory statementSecond reading speech
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