Benefit-sharing agreements
29 Benefit-sharing agreements
(1) 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:
full details of the parties to the agreement;
(b) if the resource access provider is the person granting physical access to the area – 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;
(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 resource access provider;
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 the resource access provider or from other 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) the details of any proposals of the applicant to benefit biodiversity conservation in the area if access is granted;
(k) details of the benefits that the resource access provider will receive in return for the taking of the resources.
In subsection (1), knowledge:
(a) is indigenous person's knowledge if it is obtained from an indigenous person or indigenous persons; and
(b) is not indigenous person's knowledge if it was obtained from scientific or other public documents, or otherwise from the public domain.
This Act’s bill:Explanatory statementSecond reading speech
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