Biological Resources Act 2006

(1) Resource access provider, for biological resources in the Territory to which this Act applies, means the following:

(a) for freehold land – the owner of the fee simple (including where the land is subject to a lesser interest such as a lease or licence);

(b) for Aboriginal land – the owner of the fee simple (the Aboriginal Land Trust established under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth);

(c) for an Aboriginal community living area – the owner of the fee simple (an association within the meaning of the Associations Act 2003 or an Aboriginal association within the meaning of the Aboriginal Councils and Associations Act 1976 (Cth));

(d) for land subject to Native Title (exclusive possession) – the registered native title body corporate;

(e) for land held under Park freehold title – the owner of the fee simple (the relevant Park Land Trust established under the Parks and Reserves (Framework for the Future) Act 2003);

(f) for Crown land (including land subject to a Crown term lease or Crown perpetual lease) – the Territory;

(g) for land subject to a lease under the Special Purposes Lease Act 1953 – the Territory;

(h) for land subject to a pastoral lease under the Pastoral Land Act 1992 – the Territory;

(2) A bioprospector must make any necessary arrangements for physical access to the resource with the person who controls the physical access.

Example for subsection (2)

If the land is the subject of a pastoral lease under the Pastoral Land Act 1992, the resource access provider for the purposes of bioprospecting is the Territory, but physical access must be arranged with the lessee.