Biological Resources Regulations 2007 (NT)

NORTHERN TERRITORY OF AUSTRALIA

BIOLOGICAL RESOURCES regulations 2007

As in force at 14 February 2007

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Citation2 — Commencement3 — CEO is permit issuing authority4 — Fee for certificate of provenance5 — Records of samples6 — Transfer of samples for biodiscovery7 — Disposal of samples not required for biodiscovery8 — Other feesSchedule — FeesENDNOTES northern territory of australia

northern territory of australia

As in force at 14 February 2007

BIOLOGICAL RESOURCES regulations 2007

Regulations under the Biological Resources Act 2006

1Citation

These Regulations may be cited as the Biological Resources Regulations 2007.

2Commencement

These Regulations commence on the commencement of the Biological Resources Act 2006.

3CEO is permit issuing authority

For the definition of permit issuing authority in section 4(1) of the Act, the CEO is prescribed in relation to biological resources for which a permit cannot be issued by either of the Agencies mentioned in paragraphs (a) and (b) of the definition.

4Fee for certificate of provenance

• (1)

  For section 36(1) of the Act, the fee prescribed for the issue of a certificate of provenance is 200 revenue units plus 20 revenue units for each sample to which the certificate relates.

  Example for subregulation (1)

  Species X, taken from 4 different locations, would constitute 4 samples.

• (2)

  The fee is not refundable if the certificate is revoked.

5Records of samples

For section 42(2) of the Act, records mentioned in section 42(1) sent within 28 days after collection of samples, or a longer period as arranged with the CEO, will be taken to have been sent within a reasonable time.

6Transfer of samples for biodiscovery

A bioprospector, or a person who has acquired a sample of biological resources under the Act, who proposes to transfer a sample or part of a sample to another party for use in biodiscovery, must give the CEO the following details in writing:

• (a)

  the unique identifier for the sample;

• (b)

  the quantity of sample to be transferred;

• (c)

  the proposed date of transfer;

• (d)

  the names and addresses of other persons to whom the sample, or part of the sample, is to be transferred.

7Disposal of samples not required for biodiscovery

• (1)

  For section 43(2) of the Act, samples not required for biodiscovery may be disposed of only as follows:

  • (a)

    in a destructive manner so that all DNA is destroyed;

  • (b)

    by giving the samples to a recognised museum for display or taxonomic purposes only.

• (2)

  When sending the record and details of the disposal to the CEO, the bioprospector must state the method and date of disposal, and the number or quantity of samples disposed of.

8Other fees

• (1)

  The fee payable for a matter under the Act is as specified in Column 2 of the Schedule opposite the item description in Column 1.

  Note for subregulation (1)

  See also regulation 4 for the fee in relation to a certificate of provenance.

• (2)

  The CEO may waive a fee (other than a fee under regulation 4) if the CEO considers it appropriate.

ScheduleFees

regulation 8

Item description	Fee
Issue of a permit by CEO (regulation 3)	50 revenue units

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Biological Resources Regulations (SL No. 3, 2007)
Notified	7 February 2007
Commenced	14 February 2007 (r 2, s 2 Biological Resources Act2006 (Act No. 31, 2006) and Gaz G7, 14 February 2007, p 3)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: r 1.