Science and Research

Commonwealth Public Inquiry into Access to Biological Resources in Commonwealth Areas

John Voumard, Inquiry Chair
© Commonwealth of Australia, 2000
ISBN 0642547157

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Contents

• Acknowledgements
• Executive summary
• Recommendations
• Chapter 1: Outline of the Proposed Access Scheme -- Guiding Principles
  • An Access Scheme
  • The Inquiry's Guiding Principles and Considerations
  • The Inquiry's Consultation Process
  • Other issues
• Chapter 2: The Proposed Scheme under s301 of the EPBC Act and an outline of the Proposed Regulations, Access Permits and Benefit-sharing Contracts
  • How the proposed scheme would operate
  • Matters to be covered in s301 Regulations
  • Matters to be covered in the EPBC Act
  • The proposed model contract
• Chapter 3: Background to the Inquiry
  • Australia's international obligations
  • Australia's domestic obligations
  • Policy developments on access and benefit sharing
  • International developments
• Chapter 4: Ownership of Biological Resources in Commonwealth Areas 4
  • Introduction
  • On the land
  • In the waterways and the seas
  • Impact on ownership of the EPBC Act or Regulations under s301 of the Act
  • Rights to control access to biological resource in Commonwealth areas (other than marine areas)
  • Commonwealth powers to control access to biological resources in Commonwealth areas other than marine areas
  • Ownership of ex situ collections
  • Ownership of intellectual property rights
  • Conclusion
• Chapter 5: Environment Issues and Perspectives
  • Inquiry terms of reference
  • Consultation with environmental interests
  • Issues not covered by the Inquiry
  • Environmental issues raised in submissions
  • Other issues raised in environment submissions
  • Proposed Scheme
  • Conclusions
• Chapter 6: Indigenous Issues and Perspectives
  • Inquiry terms of reference
  • Consultations
  • Proposals for a possible scheme under s301 of the EPBC Act
  • The right of Indigenous people to protect their knowledge, innovations and practices
  • Other issues
  • Conclusions
• Chapter 7: Industry and Research Issues and Perspectives
  • Inquiry terms of reference
  • Consultations
  • Bioprospecting and biodiscovery in Australia
  • Key issues/perspectives raised by industry and research organisations
  • Conclusions
• Chapter 8: Towards a Nationally Consistent Approach to Access to Biological Resources
  • Commonwealth areas not administered by Environment Australia
  • Great Barrier Reef Marine Park
  • Antarctic Division (Environment Australia)
  • Norfolk Island
  • The views of the States about access issues and a nationally consistent approach
  • Applying the access scheme in the marine environment
  • Ex situ collections
  • Export of biological resources
• Appendices
  1. Excerpts from the Environment Protection and Biodiversity Conservation Act 1999
  2. Public Inquiry Terms of Reference
  3. Press Release
  4. List of Submissions
  5. Hearings, Consultations and Reference Group Meetings
  6. Common Policy Guidelines for Participating Botanic Gardens on Access to Genetic Resources and Benefit Sharing
  7. Process for assessing access permits and benefit-sharing contracts under s301 of the EPBC Act
  8. Convention on Biological Diversity Conference of the Parties 5, Nairobi May 2000 Decisions V/16 and V/26
  9. Overseas examples of Access and Benefit Sharing Schemes
  10. Indigenous interest in biological resources in Commonwealth areas -- synthesis of submissions and related information, by Henrietta Fourmile
  11. What the Inquiry is about and what it means for Indigenous communities
  12. Legal and Constitutional Framework of Australia's Marine Areas
  13. Scientific Transactions
• Acronyms
• Selected Bibliography

Download the Inquiry

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• Commonwealth Public Inquiry into Access to Biological Resources in Commonwealth Areas (abrca.pdf - 1200 KB)

Disclaimer and Copyright

Biotechnology Australia (a Commonwealth initiative) has financially assisted this Inquiry. The views expressed in this report are those of the author and not necessarily those of Biotechnology Australia.

Information presented in this document may be reproduced in whole or in part for study or training purposes or to provide wider dissemination for public response, subject to inclusion of acknowledgment of the source and provided no commercial usage or sale of the material occurs. Reproduction for purposes other than those given above requires written permission from Environment Australia. Requests for permission should be addressed to:

First Assistant Secretary
Natural Heritage Division
Environment Australia
GPO Box 787
Canberra
ACT 2601

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Bruce Woodley and Johnny Parker, Aboriginal Park Rangers, showing a native nicotine plant (Photo by Steve Szabo)