Biodiversity Conservation Act 2016

The regulations are to establish a licensing scheme under which the CEO may grant licences for the purposes of this Act.

Regulations made for the purposes of subsection (1) may provide for or regulate the following —

the kinds or classes of licences that may be granted including licences that confer exclusive or preferential rights;

applications for or in relation to licences, the persons who are eligible to make applications and the manner in which applications are to be dealt with;

requirements to be met by persons who make applications for or in relation to licences including —

requirements to produce information relevant to an application;

requirements to undergo assessment or testing;

requirements as to training, qualifications and experience;

the grant, amendment, renewal or transfer of licences;

fees payable in respect of the following —

applications for or in relation to licences;

the grant, amendment, renewal or transfer of licences;

the imposition of conditions on licences, the kinds of conditions that can be imposed and the consequences of failing to comply with conditions;

the duration of licences;

the surrender, suspension or cancellation of licences;

the content of licence documents;

circumstances in which licence documents have to be returned to the CEO;

the issue by the CEO of guidelines in respect of licensing matters;

the review by the State Administrative Tribunal of decisions to amend, suspend or cancel licences or to refuse to grant, renew or transfer licences.

Without limiting subsection (2)(f), the regulations may provide for the imposition of the following conditions —

a condition authorising bioprospecting activity that requires the licence holder to enter into an arrangement with the CEO or another person for the sharing of profits;

a condition authorising the taking of fauna or flora that restricts the quantity of fauna or flora that may be taken.

Without limiting subsection (2)(i), the regulations may provide for any licence or permit granted to a person under the CALM Act to be included in a licence document issued to the person under this Act.

No person is entitled to the grant, renewal or transfer of a licence as of right unless the regulations expressly provide otherwise.

If the regulations provide that a licence is transferable by the licence holder then, in accordance with paragraph (d) of the definition of licence in the Personal Property Securities Act 2009 (Commonwealth) section 10, the licence is declared not to be personal property for the purposes of that Act.