Permits for commercial or potentially commercial purposes
If you wish to obtain access to biological resources for commercial or potentially commercial purposes, you will need to enter into a benefit-sharing agreement with the access provider. Access providers are specified by the EPBC Regulations. In most cases, this is likely to be the Commonwealth, represented by the Protected Area Policy and Biodiversity Section. We can assist you to identify the Access Provider(s) relevant to your proposed research.
The model Benefit-sharing Agreement (Commonwealth areas) must be used as the basis of any agreement for biological resources taken from Commonwealth areas. A copy of the Agreement must be attached to the permit application.
The benefit-sharing agreement will have effect only if a permit is issued by the Minister for Sustainability, Environment, Water, Population and Communities. A permit will not be issued if the Minister for Sustainability, Environment, Water, Population and Communities. is not satisfied that the benefit-sharing agreement was made with the prior informed consent of the access providers(s).
Permit applications must be made by completing the application form here .
You will need to supply:
- Personal details: Full name, business address, postal address, and contact details of each person to whom the permit is to be issued
- Access provider: Name of each access provider. If an access provider 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
- Other people involved: Details of any other person for whose benefit access is sought or who proposes to use the samples obtained
- Qualifications: Details of the relevant qualifications or experience of each person proposing to take the action
- Objectives: Details of the objectives or purpose of the action, including whether the relevant purpose is commercial/potentially commercial or non-commercial
- Action: 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
- Species: Number of listed species or native species that will be affected
- Resources: The biological resources to which the applicant seeks access; amount of biological resources that is proposed to be taken, the proposed use of the biological resources and how access will benefit biodiversity conservation within the area
- Location and method: Details of when and where the action will be taken, including the latitude and longitude of the location area; how the access is to be undertaken, including details of vehicles and equipment to be used
- Involvement of indigenous persons: 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
- Ongoing access: Whether the applicant thinks that further access to the biological resources will be sought
- Related applications: Details of any other application by the applicant for a permit under the regulations
Additionally the application must include:
- A declaration stating whether the applicant has been convicted of, or is subject to proceedings for, an offence mentioned in subregulation 17.07(1) (see below)
- A declaration that the information in the application is correct to the best of the applicant's knowledge
- A $50 application fee
Please contact the Protected Area Policy and Biodiscovery Section for any further queries in relation to your application at email@example.com, or on 02 6274 2528.
EPBC sub-regulation 17.07 relevant offences
Applications must include a declaration stating whether the applicant has been convicted of, or is subject to proceedings for, an offence mentioned in subregulation 17.07(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:
offences under the Act or these Regulations
offences under any other law of the Commonwealth about the protection, conservation or management of native species or ecological communities
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)
offences under a law of a State or Territory about the protection, conservation or management of native species or ecological communities
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