Science and Research

Access to Biological Resources in Commonwealth Areas
Applying for a permit for commercial/potentially commercial purposes

Access providers are specified by the EPBC Regulations. The Genetic Resource Management Section will assist you to identify the Access Provider(s) relevant to your proposed research. In most cases, this is likely to be the Commonwealth, represented by this section.

Please contact us at grm@environment.gov.au or on 02 6274 1816 for assistance. 

Your Permit Application must include:

• full name, business address and postal address, and contact details of each person to whom the permit is to be issued, and name of applicant if different;
• number of listed species or native species that will be affected;
• details of when and where the action will be taken, including the latitude and longitude of the location area;
• description of the action, including the methods to be used to comply with these regulations and to minimise impact on any listed species or native species;
• details of the relevant qualifications or experience of each person proposing to take the action;
• details of the objectives or purpose of the action, including whether the relevant purpose is commercial/potentially commercial or non-commercial;
• the name of each access provider, if an access provider for the biological resources is the Commonwealth or a Commonwealth agency, the name of the Commonwealth department or agency that administers the Commonwealth area in which the access is proposed;
• the biological resources to which the applicant seeks access;
• the amount of biological resources that is proposed to be taken;
• any use that is proposed to be made of indigenous people's knowledge in determining the biological resources to be accessed or the particular areas to be searched, and details of any agreements made with indigenous persons in relation to use of specialised information or information otherwise confidential to the indigenous people of the area;
• the use the applicant proposes to make of the biological resources and how access will benefit biodiversity conservation within the area;
• details of any other person for whose benefit access is sought or who proposes to use the samples obtained;
• how the access is to be undertaken, including details of vehicles and equipment to be used;
• whether the applicant thinks that further access to the biological resources will be sought;
• details of any other application by the applicant for a permit under the regulations;
• a declaration stating whether the applicant has been convicted of, or is subject to proceedings for, an offence mentioned in subregulation 17.07(1) . The applicant is taken to have been convicted of an offence if the applicant has been charged with, and found guilty of, the offence but discharged without conviction; or has not been found guilty of the offence, but a court has taken the offence into account in passing sentence on the applicant for another offence;
• a declaration that the information in the application is correct to the best of the applicant's knowledge; and
• a $50 application fee.

If you wish to obtain access to biological resources for commercial or potentially commercial purposes, then you will need to enter into a benefit-sharing agreement with the access provider. The benefit-sharing agreement will have effect only if a permit is issued by the Minister for the Environment and Water Resources.

If the land is held under lease by the Commonwealth, each access provider will consult with the owner of that land before entering into a benefit-sharing agreement.

A Benefit-sharing Agreement must be attached to the application and must include:

• full details of the parties to the agreement;
• details regarding the time and frequency of entry to the area that has been agreed to be granted;
• details of the resources to which access has been agreed to be granted and the quantity of the resources that has been agreed can be collected, and the quantity of the resources that has been agreed can be removed from the area;
• details of the purpose of the access, as disclosed to the access provider;
• a statement setting out the proposed means of labeling samples;
• the agreed disposition of ownership in the samples, including details of any proposed transmission of samples to third parties;
• a statement regarding any use of indigenous people's knowledge, including details of the source of the knowledge;
• a statement regarding benefits to be provided or any agreed commitments given in return for the use of the indigenous people's knowledge;
• if any indigenous people's knowledge of the access provider, or other group of indigenous persons, is to be used, a copy of the agreement regarding use of the knowledge (if there is a written document), or the terms of any oral agreement, regarding the use of the knowledge;
• the details of any of the applicant's proposals that will benefit biodiversity conservation in the area if access is granted; and
• the details of the benefits that the access provider will receive for having granted access.

Please contact the Genetic Resources Management Policy Section for any further queries in relation to your application at grm@environment.gov.au, or on 02 6274 1816.

EPBC Sub-regulation 17.07 Relevant offences

1. For paragraphs 17.02 (2) (i) and 17.03 (2) (c), and paragraphs 17.11 (3) (c) and (5) (f), the offences are the following:
   1. offences under the Act or these Regulations;
   2. offences under any other law of the Commonwealth about the protection, conservation or management of native species or ecological communities;
   3. offences under section 6, 7, or 7A, or subsection 86 (1), of the Crimes Act 1914 in relation to an offence referred to in paragraph (a) or (b);
   4. offences under a law of a State or Territory about the protection, conservation or management of native species or ecological communities;
   5. offences, in relation to a law referred to in paragraph (d), under a provision of a law of a State or Territory that is equivalent to a provision mentioned in paragraph (c), or to section 11.1, 11.4 or 11.5 of the Criminal Code.