John Voumard, Inquiry Chair
© Commonwealth of Australia, 2000
ISBN 0642547157
Appendix 2: Public Inquiry Terms of Reference
The inquiry is to advise on a scheme that could be implemented through regulations under section 301 of the Environment Protection and Biodiversity Conservation Act 1999 to 'provide for the control of access to biological resources in Commonwealth areas'.
The scheme should take into account:
- Australia's obligations under the Convention on Biological Diversity, including the obligation to encourage the equitable sharing of the benefits arising from the utilisation of biological resources. The scheme should particularly focus on the equitable sharing of benefits arising from the utilisation of traditional knowledge, innovations and practices (article 8(j)).
- The objectives of the National Strategy for the Conservation of Australia's Biodiversity such as:
- ensuring that the collection of biological resources for research and development purposes does not adversely affect the viability or conservation status of any species or population; and
- ensuring that the social and economic benefits of the use of biological resources derived from Australia's biological diversity accrue to Australia.
The scheme should operate in a manner that promotes certainty for industry and facilities access to biological resources for environmentally sound uses.
Consistent with the objects of the EPBC Act, the scheme should:
- promote a cooperative approach to the protection and management of the environment involving governments, the community, land-holders and Indigenous peoples;
- recognise the role of Indigenous people in the conservation and ecologically sustainable use of Australia's biodiversity; and
- promote the use of Indigenous peoples' knowledge of biodiversity with the involvement of, and in cooperation with, the owners of that knowledge.
Inquiry Process
The inquiry is to be conducted by South Australian legal practitioner, Mr John Voumard.
Mr Voumard will be assisted by an Executive Officer. Mr Voumard will also seek advice from a Reference Group comprising:
- an environmental law specialist;
- a representative from industry with relevant expertise;
- an Indigenous representative with relevant expertise;
- an intellectual property specialist; and
- a representative of the scientific community with relevant expertise.
Additional support, including secretariat support, will be provided by Environment Australia.
Mr Voumard will report to the Minister for the Environment and Heritage by 30 June 2000. It is expected that the inquiry process will include:
- publication of a notice in relevant newspapers calling for public submissions; and
- public hearings in selected centres around Australia.
Submission details
Queries may be directed to the Inquiry's Executive Officer, Geoff Burton (telephone 6274 2528, fax 6274 2723 or geoff.burton@ea.gov.au) or to Sally Petherbridge, Assistant Director, Access Taskforce (telephone 6274 1568, fax 6274 2723 or sally.petherbridge@ea.gov.au).
Submissions are invited from interested parties by 3 March 2000 and may be made (in hard copy) to:
Geoff Burton, Director, Access Taskforce
Environment Australia
PO Box 787
Canberra ACT 2600
Or (in electronic form) to: geoff.burton@ea.gov.au, or sally.petherbridge@ea.gov.au Unless marked confidential, all submissions will be regarded as public and may be placed on the Inquiry's web site. The Inquiry's preference is for submissions to be public; confidentiality should be reserved for material whose disclosure would be genuinely prejudicial to the party making the submission.
