Biodiscovery Act 2004 (Qld)

Biodiscovery Act 2004

An Act about taking and using native biological material for biodiscovery, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Biodiscovery Act 2004.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Purposes of Act (1) The main purposes of this Act are— (a) to ensure biodiscovery entities act appropriately when accessing or using traditional knowledge for biodiscovery; and (b) to facilitate access by biodiscovery entities to minimal quantities of native biological material for biodiscovery on or in State land or Queensland waters; and (c) to encourage the development, in the State, of value added biodiscovery; and (d) to ensure the State, for the benefit of all persons in the State, obtains a fair and equitable share in the benefits of biodiscovery; and Note— See the definition of benefits of biodiscovery in the schedule. (e) to ensure biodiscovery enhances knowledge of the State's biological diversity, promoting conservation and sustainable use of native biological resources. (2) The purposes are achieved mainly by providing for— (a) the measures to be taken by persons accessing or using traditional knowledge for biodiscovery; and (b) the following streamlined frameworks— (i) a regulatory framework for taking and using native biological material, in a sustainable way, for biodiscovery; (ii) a contractual framework for benefit sharing agreements, and subsequent use agreements under those agreements, to be entered into with biodiscovery entities for the use, for biodiscovery, of native biological material; and (c) a compliance code and collection protocols for taking native biological material; and (d) the monitoring and enforcement of compliance with this Act.