Biodiscovery and Other Legislation Amendment Bill 2019 (Qld)

An Act to amend the Biodiscovery Act 2004 and the Right to Information Act 2009 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Biodiscovery and Other Legislation Amendment Act 2019.

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

Part 2 Amendment of Biodiscovery Act 2004

3 Act amended This part and schedule 1 amend the Biodiscovery Act 2004.

4 Amendment of long title Long title, 'State native biological resources'— omit, insert— native biological material

5 Amendment of s 3 (Purposes of Act) (1) Section 3(1)(a)— omit, insert— (aa) to ensure biodiscovery entities act appropriately when accessing or using traditional knowledge for biodiscovery; and (a) to facilitate access by biodiscovery entities to minimal quantities of native biological material for biodiscovery on or in State land or Queensland waters; and (2) Section 3(1)(aa) to (d)— renumber as section 3(1)(a) to (e). (3) Section 3(2), before paragraph (a)— insert— (aa) the measures to be taken by persons accessing or using traditional knowledge for biodiscovery; and (4) Section 3(2)(a)(i) and (ii), 'State native biological resources'— omit, insert— native biological material (5) Section 3(2)(aa) to (c)— renumber as section 3(2)(a) to (d).

6 Amendment of s 4 (Why this Act was enacted) (1) Section 4(1), 'the 'Convention on Biological Diversity','— omit, insert— the Convention on Biological Diversity, (2) Section 4(2) and (3), 'convention'— omit, insert— Convention on Biological Diversity (3) Section 4(4) and (5)— omit, insert— (4) The Nagoya Protocol is a supplementary agreement implementing Article 15 of the Convention on Biological Diversity that includes principles aimed at ensuring— (a) traditional knowledge associated with genetic resources is accessed with free, prior and informed consent; and (b) agreements are negotiated with Indigenous peoples for the fair and equitable sharing of benefits arising from the use of traditional knowledge associated with genetic resources. (5) This Act is intended to give effect to— (a) Article 15 of the Convention on Biological Diversity to the extent it relates to native biological material on or in State land or Queensland waters; and (b) the principles of the Nagoya Protocol mentioned in subsection (4) in relation to native biological material, instead of only genetic resources. (6) In this section— Convention on Biological Diversity means the agreement— (a) called the 'Convention on Biological Diversity'; and (b) opened for signature on 5 June 1992 at the United Nations Conference on Environment and Development (known as the 'Rio de Janeiro Earth Summit'); and (c) ratified by the Commonwealth on 18 June 1993; and (d) entered into force on 29 December 1993. genetic resources see the Convention on Biological Diversity, Article 2. Nagoya Protocol means the agreement— (a) called the 'Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity'; and (b) adopted at the conference of the parties to the Convention on Biological Diversity on 29 October 2010; and (c) signed by the Commonwealth on 20 January 2012; and (d) entered into force on 12 October 2014.