Biological resources

Bioprospecting is the taking of samples of biological resources, existing in situ or maintained in an ex-situ collection of such resources, for research in relation to any genetic resources, or biochemical compounds, comprising or contained in the biological resources.

Bioprospecting in the NT is administered by the Department of Agriculture and Fisheries and regulated under the Biological Resources Act 2006.

The aim of the Act is to safeguard the sustainable development of biological resources and ensure that resource access providers receive fair compensation should there be future commercialisation that results from this research.

It also aims to ensure that the special knowledge of Aboriginal people is recognised and where applicable, captured in benefit-sharing agreements.

The following activities do not constitute taking samples for bioprospecting:

• Aboriginal traditional hunting or food gathering
• biological material of human origin
• biological resources that have been cultivated or tended for a purpose other than biodiscovery
• biological resources that are available to the public on an unrestricted basis
• taking of genetically modified organisms
• fishing for commerce or recreation, game or charter fishing or collecting broodstock for aquaculture
• harvesting wildflowers
• taking wild animals or plants for food
• collecting peat or firewood
• taking essential oils from wild plants
• collecting plant reproductive material for propagation
• commercial forestry.

Following review of proposed projects, the Department of Agriculture and Fisheries will advise if a proponent’s proposed activity constitutes bioprospecting.

If determined to be bioprospecting, the proponent is required to draft a benefit-sharing deed and to ensure that it is finalised. This is required whether it is a government or non-government resource access provider.

The Act provides scope for benefit-sharing deeds to be executed either prior to acquiring a permit to take biological specimens, or retrospectively. Regardless, it is an obligation for parties to have a benefit sharing deed finalised, signed and registered with NT Government.

The bioprospector must apply for a permit to collect the required biological resources from the relevant permit issuing authority:

• land resources - Parks and Wildlife Commission of the NT.
• marine resources - NT Fisheries.

The permit issuing authority will assess the application. Providing the application meets their requirements, and the department is satisfied a benefit-sharing agreement is in place or the process has started, a permit will be issued.

Applicants should familiarise themselves with the Biological Resources Act 2006.

Go to the Northern Territory Government website for more information on the permit application process to collect:

• plant materials for scientific research
• animal materials for scientific research.

A bioprospector must enter into a benefit-sharing agreement with each resource access provider in relation to the resources to be taken under a permit.

The resource access provider could be:

• the NT Government (for example, national parks, pastoral leases, Territory waters)
• a freehold landholder
• the Aboriginal Land Trust.

Find the full definition of resource access providers in section 6 of the Act.

A benefit-sharing agreement is established through negotiation between parties.

It is the responsibility of the bioprospector to ensure they have an established benefit-sharing agreement with the landholder.

Negotiating

To enter into a benefit-sharing agreement, you must negotiate a benefit-sharing deed with the resource access provider.

Go to the Northern Territory Government website for more information on how to establish a benefit-sharing agreement to collect:

• plant materials for scientific research
• animal materials for scientific research.