{"id":"biological-resources-act-2006","name":"Biological Resources Act 2006","slug":"biological-resources-act-2006","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29869,"registerId":"nt-biological-resources-act-2006-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biological Resources Act 2006","content":"NORTHERN TERRITORY OF AUSTRALIA\nBIOLOGICAL RESOURCES ACT 2006\nAs in force at 20 November 2020\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Object of Act .................................................................................... 1\n4 Interpretation ................................................................................... 2\n5 Meaning of bioprospecting............................................................... 3\n6 Resource access provider ............................................................... 5\n7 Meaning of biodiversity .................................................................... 6\nPart 2 Application of Act\n8 Act binds Crown .............................................................................. 6\n9 Where Act applies ........................................................................... 6\n10 Exemption for specified biological resources or collections ............. 7\nPart 3 Process\nDivision 1 Application to take biological resources\n11 Application for permit ....................................................................... 8\n12 Process in relation to permit ............................................................ 8\n13 CEO to consider application ............................................................ 8\n14 Assessment of applications ............................................................. 9\n15 CEO may require further information ............................................... 9\nDivision 2 If proposed activity comprises bioprospecting\n16 If resource access provider is Territory ............................................ 9\n17 Matters CEO may consider.............................................................. 9\n18 If no agreement is entered into ...................................................... 10\n19 If resource access provider is not Territory .................................... 10\n20 CEO to notify permit issuing authority ........................................... 10\n21 Permit issuing authority may issue permit ..................................... 10\n22 Permit details to CEO .................................................................... 11\n23 Permit details in register ................................................................ 11\nDivision 3 Process after samples taken\n24 When samples taken ..................................................................... 12\n25 Information to CEO ........................................................................ 12\n\nBiological Resources Act 2006 ii\n26 CEO to enter details in register...................................................... 12\nPart 4 Benefit-sharing agreements\n27 Benefit-sharing agreement required .............................................. 13\n28 Informed consent ........................................................................... 13\n29 Benefit-sharing agreements ........................................................... 14\n30 Retrospectively entering into benefit-sharing agreement ............... 15\n31 Details of benefit-sharing agreements in register .......................... 15\n32 When benefit-sharing agreement comes into effect ...................... 16\nPart 5 Register and certificates of provenance\nDivision 1 Register\n33 CEO to maintain register ............................................................... 16\n34 CEO to make some details from register available ........................ 17\nDivision 2 Certificates of provenance\n35 Holder of rights to sample may request certificate ......................... 17\n36 Certificate of provenance ............................................................... 17\n37 Revocation of certificate of provenance ......................................... 18\nPart 6 Offences\n38 Bioprospecting without permit........................................................ 19\n39 Giving false information ................................................................. 19\n40 Breach of permit conditions ........................................................... 19\n41 Breach of benefit-sharing agreement ............................................ 19\nPart 7 Miscellaneous matters\n42 Bioprospector to keep records ....................................................... 19\n43 Disposal of samples ...................................................................... 20\n44 No exclusive rights to biological resources .................................... 20\n44A Permit not transferable .................................................................. 21\n45 Pre-existing benefit-sharing agreements ....................................... 21\n46 Delegation ..................................................................................... 21\n47 Regulations.................................................................................... 21\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 November 2020\n____________________\nBIOLOGICAL RESOURCES ACT 2006\nAn Act to provide for and regulate bioprospecting in the Territory and\nfor related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Biological Resources Act 2006.\n2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n3 Object of Act\n(1) The object of this Act is to facilitate bioprospecting in the Territory.\n(2) The object is to be achieved by the following:\n(a) promoting the conservation of biological resources in the\nTerritory and the ecologically sustainable use of those\nbiological resources;\n(b) establishing an access regime designed to give certainty and\nminimise administrative cost for persons seeking to engage in\nbioprospecting in the Territory;\n(c) establishing a contractual framework for benefit-sharing\nagreements to be entered into between bioprospectors and\nresource access providers for the use of Territory biological\nresources to ensure the equitable sharing of benefits arising\nfrom the use of those biological resources for biodiscovery;\n(d) recognising the special knowledge held by indigenous persons\nabout those biological resources;\n(e) seeking to ensure that social, economic and environmental\nbenefits arising from the use of Territory biological resources\nfor biodiscovery accrue to the Territory;\n\nPart 1 Preliminary matters\nBiological Resources Act 2006 2\n(f) contributing to a nationally consistent approach to\nbioprospecting in Australia.\n4 Interpretation\n(1) In this Act:\nAboriginal land, see section 3(1) of the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth).\nbiodiscovery means research on samples of biological resources,\nor extracts from those samples, to discover and exploit genetic or\nbiochemical resources of actual or potential value for humanity.\nbiodiversity, see section 7.\nbiological resources includes genetic resources, organisms, parts\nof organisms, populations and any other biotic component of an\necosystem with actual or potential use or value for humanity.\nbioprospecting, see section 5.\nbioprospector means a person engaged in bioprospecting.\nCEO means the Chief Executive Officer (within the meaning of the\nPublic Sector Employment and Management Act 1993) of the\nAgency administering this Act.\ncertificate of provenance, see section 36.\necosystem means a dynamic complex of plant, animal and micro-\norganism communities and their non-living environment interacting\nas a functional unit.\ngenetic resources means any material of plant, animal, microbial\nor other origin that contains functional units of heredity and has\nactual or potential value for humanity.\nLand Council, see Part III of the Aboriginal Land Rights (Northern\nTerritory) Act 1976 (Cth).\nLand Trust, see Part II of the Aboriginal Land Rights (Northern\nTerritory) Act 1976 (Cth).\norganism includes:\n(a) a virus; and\n(b) the reproductive material of an organism; and\n(c) an organism that has died.\n\nPart 1 Preliminary matters\nBiological Resources Act 2006 3\npermit issuing authority means any of the following:\n(a) the Agency responsible for issuing permits under the Territory\nParks and Wildlife Conservation Act 1976;\n(b) the Agency responsible for issuing permits under the Fisheries\nAct 1988;\n(c) any other body as prescribed.\nregister means the register maintained by the CEO under\nsection 33.\nresource access provider, see section 6.\n(2) A person is an indigenous person if the person is:\n(a) a member of the Aboriginal race of Australia; or\n(b) a descendant of an indigenous inhabitant of the Torres Strait\nIslands.\n(3) A resource has value for humanity if an extract or compound\nderived from the resource is used, directly or indirectly, with\nadvantage in any field of human endeavour, whether agricultural,\nindustrial, veterinarian, pharmaceutical or other.\n5 Meaning of bioprospecting\n(1) Bioprospecting is the taking of samples of biological resources,\nexisting in situ or maintained in an ex situ collection of such\nresources, for research in relation to any genetic resources, or\nbiochemical compounds, comprising or contained in the biological\nresources.\n(2) However, the following activities do not constitute bioprospecting:\n(a) taking biological resources from an area of land or water by\nindigenous people who have traditionally used the area of land\nor water in accordance with aboriginal tradition for hunting,\nfood gathering (other than for sale) and for ceremonial and\nreligious purposes;\n(b) dealing with any biological material of human origin;\n(c) taking samples of biological resources that have been\ncultivated or tended for a purpose other than biodiscovery and\nwhere the samples are not to be used for biodiscovery;\n\nPart 1 Preliminary matters\nBiological Resources Act 2006 4\n(d) taking samples of biological resources specified in a\ndeclaration under section 10;\n(e) taking samples of biological resources that are available to the\npublic on an unrestricted basis (whether on commercial or\nnon-commercial terms);\n(f) taking samples of a biological resource that is:\n(i) a genetically modified organism for the purposes of\nsection 10 of the Gene Technology Act 2000 (Cth); or\n(ii) a plant variety for which a Plant Breeder's Right has\nbeen granted under section 44 of the Plant Breeder's\nRights Act 1994 (Cth);\n(g) taking aquatic life, within the meaning of the Fisheries\nAct 1988, that:\n(i) has been caught, taken or harvested under a licence or\npermit granted under that Act (other than a permit\ngranted under section 17 of the Fisheries Act 1988 for\nbioprospecting); or\n(ii) comprises a managed fishery or part of a managed\nfishery within the meaning of that Act.\n(3) The following activities, if undertaken for a purpose other than\nbiodiscovery, also do not constitute bioprospecting:\n(a) fishing for commerce or recreation, game or charter fishing or\ncollecting broodstock for aquaculture;\n(b) harvesting wildflowers;\n(c) taking wild animals or plants for food;\n(d) collecting peat or firewood;\n(e) taking essential oils from wild plants;\n(f) collecting plant reproductive material for propagation;\n(g) commercial forestry.\n(4) In subsection (1):\nex situ collection means a collection of physical samples of\ngenetic resources that have been previously obtained from an in\nsitu location and which are preserved or maintained in a location\nexternal to the in situ location.\n\nPart 1 Preliminary matters\nBiological Resources Act 2006 5\nin situ means the location in which genetic resources exist within\necosystems and natural habitats within the Territory.\n6 Resource access provider\n(1) Resource access provider, for biological resources in the Territory\nto which this Act applies, means the following:\n(a) for freehold land – the owner of the fee simple (including\nwhere the land is subject to a lesser interest such as a lease\nor licence);\n(b) for Aboriginal land – the owner of the fee simple (the\nAboriginal Land Trust established under the Corporations\n(Aboriginal and Torres Strait Islander) Act 2006 (Cth);\n(c) for an Aboriginal community living area – the owner of the fee\nsimple (an association within the meaning of the Associations\nAct 2003 or an Aboriginal association within the meaning of\nthe Aboriginal Councils and Associations Act 1976 (Cth));\n(d) for land subject to Native Title (exclusive possession) – the\nregistered native title body corporate;\n(e) for land held under Park freehold title – the owner of the fee\nsimple (the relevant Park Land Trust established under the\nParks and Reserves (Framework for the Future) Act 2003);\n(f) for Crown land (including land subject to a Crown term lease\nor Crown perpetual lease) – the Territory;\n(g) for land subject to a lease under the Special Purposes Lease\nAct 1953 – the Territory;\n(h) for land subject to a pastoral lease under the Pastoral Land\nAct 1992 – the Territory;\n(i) for Territory waters – the Territory.\n(2) A bioprospector must make any necessary arrangements for\nphysical access to the resource with the person who controls the\nphysical access.\nExample for subsection (2)\nIf the land is the subject of a pastoral lease under the Pastoral Land Act 1992,\nthe resource access provider for the purposes of bioprospecting is the Territory,\nbut physical access must be arranged with the lessee.\n\nPart 2 Application of Act\nBiological Resources Act 2006 6\n7 Meaning of biodiversity\nBiodiversity means the natural diversity of biological resources,\ntogether with the environmental conditions necessary for their\nsurvival, and includes the diversity of:\n(a) the landforms, soils and water of a region, and the functional\nrelationships that affect environmental conditions within\necosystems (called regional diversity); and\n(b) the different types of communities formed by living organisms\nand the relations between them (called ecosystem diversity);\nand\n(c) species (called species diversity); and\n(d) genes within each species (called genetic diversity).\nPart 2 Application of Act\n8 Act binds Crown\nThis Act binds the Crown in the right of the Territory and, so far as\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n9 Where Act applies\n(1) This Act applies throughout the Territory (including the air above,\nthe water and the seabed or riverbed below the water).\nNote for subsection (1)\nPart 8A of the Environment Protection and Biodiversity Conservation\nRegulations 2000 (Cth) applies to Commonwealth areas in the Territory.\nCommonwealth areas is defined in section 525 of the Environment Protection\nand Biodiversity Conservation Act 1999 (Cth) and, so far as is relevant to the\nTerritory, includes the following:\n(1) Each of the following, and any part of it, is a Commonwealth area:\n(a) land owned by the Commonwealth or a Commonwealth agency\nand airspace over the land;\n(b) an area of land held under lease by the Commonwealth or a\nCommonwealth agency and airspace over the land;\n(d) the coastal sea of Australia or an external Territory;\n(e) the continental shelf, and the waters and airspace over the\ncontinental shelf;\n(f) the waters of the exclusive economic zone, the seabed under\nthose waters and the airspace above those waters;\n\nPart 2 Application of Act\nBiological Resources Act 2006 7\n(g) any other area of land, sea or seabed that is included in a\nCommonwealth reserve.\n(3) Despite paragraphs (1)(d), (e) and (f), none of the following areas (or\nparts of them) are Commonwealth areas:\n(b) the seabed vested in the Northern Territory under section 4 of the\nCoastal Waters (Northern Territory Title) Act 1980; and\n(c) the subsoil under the seabed described in paragraph (b); and\n(d) any water and airspace over seabed described in paragraph (b).\n(2) This Act also applies outside the Territory, to the extent of the\nextraterritorial legislative competence of the Legislative Assembly,\nin relation to biological resources of Territory origin.\n10 Exemption for specified biological resources or collections\n(1) The Minister may declare that this Act does not apply to specified\nbiological resources or a specified collection of biological resources\n(including future additions to the collection).\nExamples for subsection (1)\n1. The resources are held away from their natural environment (whether in a\ncollection or otherwise) by an Agency or other body and there are reasonable\ngrounds to believe that bioprospecting of the biological resources is\nadministered by the Agency or body in a manner that is consistent with this\nAct.\n2. Use of the resources (including by way of bioprospecting) is required to be\ncontrolled under any international agreement to which Australia is a party.\nNote for subsection (1)\nSamples of biological material from plants are held by the Northern Territory\nHerbarium. Samples of biological material from fish and animals are held by the\nMuseum and Art Gallery of the Northern Territory.\n(2) A holder of biological resources mentioned in subsection (1) may, in\nwriting, request the Minister to make a declaration.\n(3) A declaration under subsection (1) may provide that this Act does\nnot apply to the biological resources in specified circumstances.\n(4) A declaration under subsection (1) must be published in the\nGazette.\n\nPart 3 Process\nDivision 1 Application to take biological resources\nBiological Resources Act 2006 8\nPart 3 Process\nDivision 1 Application to take biological resources\n11 Application for permit\nA person who wishes to engage in bioprospecting in the Territory\nmust apply to the appropriate permit issuing authority for a permit.\nNote\nA permit to take aquatic life is issued by the Agency responsible for administering\nthe Fisheries Act. A permit to take indigenous flora or fauna is issued by the\nAgency responsible for administering the Territory Parks and Wildlife\nConservation Act 1976.\n12 Process in relation to permit\n(1) Subsection (2) applies if a permit issuing authority:\n(a) receives an application for a permit to take biological material;\nand\n(b) is satisfied, in terms of the authority's regulatory role, it would\nbe appropriate to issue the permit; and\n(c) considers the applicant's proposed activity may comprise\nbioprospecting.\n(2) The authority must:\n(a) refer the application to the CEO; and\n(b) advise the applicant:\n(i) the application is approved in-principle by the authority;\nand\n(ii) the application has been referred to the CEO for\nconsideration in relation to bioprospecting matters.\n13 CEO to consider application\n(1) If a permit issuing authority refers an application to the CEO, the\nCEO must consider the application.\n(2) The CEO must advise the permit issuing authority whether the CEO\nconsiders the proposed activity comprises bioprospecting or not.\n(3) If the CEO considers the proposed activity comprises\nbioprospecting, Division 2 applies.\n\nPart 3 Process\nDivision 2 If proposed activity comprises bioprospecting\nBiological Resources Act 2006 9\n14 Assessment of applications\n(1) In considering an application, the CEO may consult any\nDepartment, Agency or body of the Commonwealth or the Territory,\nor any other body or person that may have information relevant to\nthe application.\n(2) A person or body giving information for subsection (1) in good faith\nis not civilly or criminally liable for the giving of the information.\n15 CEO may require further information\nIf the CEO considers the activities proposed in an application for a\npermit to take biological resources may comprise bioprospecting,\nthe CEO may require further information from the applicant,\nincluding:\n(a) the biodiscovery activities the applicant proposes carrying out\nor that is proposed by a person who has engaged the\napplicant to collect biological resources; and\n(b) a proposed timetable for carrying out the activities; and\n(c) other details the CEO considers appropriate.\nDivision 2 If proposed activity comprises bioprospecting\n16 If resource access provider is Territory\nIf the resource access provider is the Territory, the CEO is the\nperson responsible for entering into a benefit-sharing agreement\nwith the applicant on behalf of the Territory.\nNote\nPart 4 sets out matters relating to benefit-sharing agreements.\n17 Matters CEO may consider\n(1) The CEO must not enter into a benefit-sharing agreement unless\nthe CEO is satisfied the terms of the agreement are fair to the\nTerritory.\n(2) The CEO may consider the reputation of the applicant in relation to\nthe following matters when deciding to enter into a benefit-sharing\nagreement on behalf of the Territory:\n(a) compliance with recognised standards of operation;\n(b) commitment to ecological sustainability;\n\nPart 3 Process\nDivision 2 If proposed activity comprises bioprospecting\nBiological Resources Act 2006 10\n(c) compliance with conditions imposed in relation to permits and\napprovals (for example, approval by an ethics committee);\n(d) honouring commitments under benefit-sharing agreements.\n18 If no agreement is entered into\n(1) If the CEO and the bioprospector do not enter into a benefit-sharing\nagreement:\n(a) the CEO must advise the permit issuing authority of that fact;\nand\n(b) the authority must decline to issue a permit.\n(2) The CEO must record in the register the reason no agreement was\nentered into.\n19 If resource access provider is not Territory\n(1) If the resource access provider is not the Territory, the resource\naccess provider and the applicant must confirm to the CEO that a\nbenefit-sharing agreement that meets the requirements of this Act\nhas been negotiated and is in place.\n(2) When confirming that a benefit-sharing agreement is in place, the\nparties must certify that the requirements of section 29 have been\nmet.\n20 CEO to notify permit issuing authority\nWhen the CEO is satisfied that a benefit-sharing agreement,\naddressing the required criteria, is in place, the CEO must advise\nthe permit issuing authority of that fact.\n21 Permit issuing authority may issue permit\n(1) On receiving advice from the CEO under section 20, the permit\nissuing authority may issue the applicant with a permit to take the\nspecified biological resources, under the conditions the authority\nconsiders appropriate.\n(2) The CEO may advise the permit issuing authority of conditions the\nCEO considers appropriate for the permit.\nExample for subsection (2)\nA requirement that voucher specimens, identical to samples taken for the\npurpose of biodiscovery, be lodged with the Northern Territory Herbarium or the\nMuseum and Art Gallery of the Northern Territory.\n\nPart 3 Process\nDivision 2 If proposed activity comprises bioprospecting\nBiological Resources Act 2006 11\n22 Permit details to CEO\nThe permit issuing authority must:\n(a) provide the CEO with full details, or a copy, of the permit and\nconditions; or\n(b) if the authority declines to issue the permit – advise the CEO\nof that fact and the reason for declining.\nNote for paragraph (b)\nDespite approving the application for a permit in-principle, a permit issuing\nauthority could decline to issue the permit because, for example, an intervening\ncyclone, bushfire or other natural disaster may have affected the sustainability of\nthe biological resources in the area proposed for taking samples.\n23 Permit details in register\n(1) The CEO must record in the register information about permits\nissued (or declined to be issued) for this Act.\n(2) Information must not be included on the register if the CEO believes\nthe information:\n(a) is culturally sensitive; or\n(b) if disclosed, could:\n(i) unwarrantedly damage a person's commercial interests;\nor\n(ii) result in a risk to the environment; or\n(iii) harm the national interest.\n(3) The register must contain the following particulars in relation to\neach permit issued:\n(a) the name of the bioprospector to whom the permit was\ngranted;\n(b) the date it was granted;\n(c) its term;\n(d) other particulars both the CEO and the bioprospector agree\nmay be disclosed to the public under section 34.\n(4) If a permit issuing authority declines to issue a permit, the register\nmust also contain the reason for declining.\n\nPart 3 Process\nDivision 3 Process after samples taken\nBiological Resources Act 2006 12\nDivision 3 Process after samples taken\n24 When samples taken\n(1) When the bioprospector has taken the biological resource samples,\nthe bioprospector must report to the permit issuing authority in\naccordance with the conditions of the permit under which the\nsamples were taken.\n(2) The report must contain the following details of the samples to\nwhich the report relates:\n(a) the date each sample was taken;\n(b) the location from which the sample was taken (by GPS\ncoordinates using WGS84 datum);\n(c) the species of each sample;\n(d) the quantity of the sample taken.\n(3) If it is a condition of the permit, the bioprospector must lodge\nsamples of the biological resources taken with the Territory\nHerbarium or Museum and Art Gallery of the Northern Territory, as\nappropriate.\n(4) The bioprospector must advise the permit issuing authority of the\ndate on which the samples were lodged.\n25 Information to CEO\n(1) The permit issuing authority must provide the CEO with details of\nthe samples taken.\n(2) The permit issuing authority must also inform the CEO if the\nauthority has any concerns the bioprospector has not complied with\nany of the conditions under which the permit was issued.\n26 CEO to enter details in register\nThe CEO must enter in the register the details provided by the\npermit issuing authority.\n\nPart 4 Benefit-sharing agreements\nBiological Resources Act 2006 13\nPart 4 Benefit-sharing agreements\n27 Benefit-sharing agreement required\n(1) A bioprospector must enter into a benefit-sharing agreement with\neach resource access provider in relation to the resources to be\ntaken under a permit.\n(2) The Minister may publish in the Gazette a model benefit-sharing\nagreement as a guide.\n(3) A benefit-sharing agreement is not valid unless the resource access\nprovider has given prior informed consent to the terms of the\nagreement.\n28 Informed consent\n(1) If a resource access provider is not the Territory or a statutory\ncorporation, the CEO must be satisfied the resource access\nprovider has given prior informed consent to the terms of a benefit-\nsharing agreement.\n(2) In considering whether a resource access provider has given\ninformed consent, the CEO must consider the following matters:\n(a) whether the resource access provider had adequate\nknowledge of this Act and was able to engage in reasonable\nnegotiations with the applicant for the permit about the benefit-\nsharing agreement;\n(b) whether the resource access provider was given adequate\ntime:\n(i) to consult with relevant people; and\n(ii) if the biological resources are in an area that is\nAboriginal land and a resource access provider for the\nresources is a Land Trust – for the responsible Land\nCouncil to consult with the traditional owners for the\nland; and\n(iii) to negotiate the benefit-sharing agreement;\n(c) whether the resource access provider has received\nindependent legal advice about the application and\nrequirements of this Act.\n\nPart 4 Benefit-sharing agreements\nBiological Resources Act 2006 14\n29 Benefit-sharing agreements\n(1) A benefit-sharing agreement must provide for reasonable benefit-\nsharing arrangements, including protection for, recognition of and\nvaluing of any indigenous people's knowledge to be used, and must\ninclude the following:\n(a) full details of the parties to the agreement;\n(b) if the resource access provider is the person granting physical\naccess to the area – details regarding the time and frequency\nof entry to the area that has been agreed to be granted;\n(c) the resources (including the name of the species, or lowest\nlevel of taxon, to which the resources belong, if known) to\nwhich access has been agreed to be granted;\n(d) the quantity of the resources that has been agreed can be\nremoved from the area;\n(e) the purpose of the access, as disclosed to the resource\naccess provider;\n(f) a statement setting out the proposed means of labelling\nsamples;\n(g) the agreed disposition of ownership in the samples, including\ndetails of any proposed transmission of samples to third\nparties;\n(h) a statement regarding any use of indigenous people's\nknowledge, including details of the source of the knowledge,\nsuch as, for example, whether the knowledge was obtained\nfrom the resource access provider or from other indigenous\npersons;\n(i) a statement regarding benefits to be provided or any agreed\ncommitments given in return for the use of the indigenous\npeople's knowledge;\n(j) the details of any proposals of the applicant to benefit\nbiodiversity conservation in the area if access is granted;\n(k) details of the benefits that the resource access provider will\nreceive in return for the taking of the resources.\n(2) In subsection (1), knowledge:\n(a) is indigenous person's knowledge if it is obtained from an\nindigenous person or indigenous persons; and\n\nPart 4 Benefit-sharing agreements\nBiological Resources Act 2006 15\n(b) is not indigenous person's knowledge if it was obtained from\nscientific or other public documents, or otherwise from the\npublic domain.\n30 Retrospectively entering into benefit-sharing agreement\n(1) This section applies if:\n(a) a sample of biological resources has been taken, not in\naccordance with this Act; or\n(b) a sample of biological resources, initially taken for a purpose\nother than biodiscovery, is later used for biodiscovery.\n(2) The person who holds the sample can legitimise the sample for this\nAct by:\n(a) advising the CEO of the approximate date on which, and\nlocation from where, and by whom, the sample was taken; and\n(b) providing the CEO with a unique identifier for the sample; and\n(c) advising the CEO of the nature and scientific details of the\nsample (if required, providing a portion of the sample for\nidentification by the Territory Herbarium or Museum and Art\nGallery of the Northern Territory); and\n(d) entering into a benefit-sharing agreement with the resource\naccess provider and providing the CEO with the details\nrequired under section 29 (as appropriately modified) in\nrelation to the benefit-sharing agreement.\n(3) The effect of legitimising a sample of biological resources for this\nAct is that the CEO, if satisfied it is appropriate, may issue a\ncertificate of provenance in relation to the sample.\n(4) The legitimising of a sample does not prevent a prosecution for a\nbreach of the Act.\n31 Details of benefit-sharing agreements in register\n(1) If an agreement is negotiated on behalf of the Territory, the CEO\nmust keep a copy of the agreement in the register.\n(2) If an agreement is negotiated with a resource access provider who\nis not the Territory, the CEO must keep the following information in\nthe register:\n(a) full details of the parties to the agreement;\n\nPart 5 Register and certificates of provenance\nDivision 1 Register\nBiological Resources Act 2006 16\n(b) details of the time and frequency of entry to the area that has\nbeen agreed to be granted;\n(c) the resources (including the name of the species, or lowest\nlevel of taxon, to which the resources belong, if known) of\nwhich samples have been agreed may be taken;\n(d) the quantity of the resources that has been agreed can be\nremoved from the area;\n(e) the purpose of the taking of the resources, as disclosed to the\nresource access provider;\n(g) the agreed disposition of ownership in the samples, including\ndetails of any proposed transmission of samples to third\nparties.\n32 When benefit-sharing agreement comes into effect\n(1) A benefit-sharing agreement has no effect unless a permit is issued\nin relation to the biological resources in relation to which the\nbenefit-sharing agreement was entered into.\n(2) A benefit-sharing agreement comes into effect when a permit is\nissued and samples are taken under the permit.\n(3) If the resource access provider is not the Territory, the\nbioprospector must:\n(a) give the resource access provider a copy of the permit when\nissued; and\n(b) advise the resource access provider when samples have been\ntaken under the permit.\nPart 5 Register and certificates of provenance\nDivision 1 Register\n33 CEO to maintain register\nThe CEO must maintain a register of information about:\n(a) permits, relating to biodiscovery, issued (or declined to be\nissued) by permit issuing authorities; and\n(b) samples taken under those permits and details of samples\nbeing lodged under section 24 or transferred to other parties;\nand\n\nPart 5 Register and certificates of provenance\nDivision 2 Certificates of provenance\nBiological Resources Act 2006 17\n(c) benefit-sharing agreements; and\n(d) certificates of provenance.\n34 CEO to make some details from register available\n(1) For reporting to the Legislative Assembly or for providing statistics\nin relation to biodiscovery in the Territory, the CEO may make\navailable certain information from the register.\n(2) Confidential information must not be divulged under subsection (1).\nDivision 2 Certificates of provenance\n35 Holder of rights to sample may request certificate\n(1) A person who takes a sample of biological resources in accordance\nwith this Act, or a successor in title to such a sample or extract from\nthe sample, may request from the CEO a certificate of provenance\nin relation to the sample.\n(2) An application for a certificate must be in writing and include the\nfollowing:\n(a) the unique identifier allocated to the sample;\n(b) proof the applicant has the right to title in relation to the\nsample or extract.\n36 Certificate of provenance\n(1) On receiving an application under section 35, accompanied by the\nprescribed fee, the CEO may issue a certificate of provenance in\nrelation to an identified sample of biological resources.\n(2) A certificate of provenance is an original document issued by the\nTerritory and stating that, consistent with Australia's international\nobligations at time the sample was taken:\n(a) the specified biological resources, or extracts from a named\norganism were taken:\n(i) under a permit scheme intended to minimise negative\nimpacts on biodiversity; and\n(ii) with the informed consent of resource access providers;\nand\n(b) a benefit-sharing agreement had been negotiated and was in\nplace.\n\nPart 5 Register and certificates of provenance\nDivision 2 Certificates of provenance\nBiological Resources Act 2006 18\n(3) A certificate of provenance must, in addition to the statement\nmentioned in subsection (2), contain the following details:\n(a) a unique identifier of the certificate;\n(b) the date of issue of the certificate;\n(c) a description of the sample, and the unique identifier of the\nsample, to which the certificate relates;\n(d) the general geographic region from where the sample was\ntaken, as advised by the bioprospector;\n(e) the date the sample was taken, as advised by the\nbioprospector;\n(f) the quantity of the sample taken, as advised by the\nbioprospector;\n(g) the identifying number of the permit under which the sample\nwas taken and the following information about the permit:\n(i) the period of validity of the permit;\n(ii) the general geographic area for which the permit was\ngranted;\n(iii) the species in relation to which the permit was granted\nand the quantity that was authorised to be taken.\n(4) The CEO must record the details of a certificate of provenance in\nthe register.\n37 Revocation of certificate of provenance\n(1) If a certificate of provenance is issued in relation to a sample of\nbiological resources and it later appears that circumstances are\nsuch that, if known, the certificate would not have been issued, the\nCEO may revoke the certificate.\n(2) If a certificate is revoked, the CEO must publish a notice of the\nrevocation in the Gazette, and may publish the notice in any other\nmanner the CEO considers appropriate.\n\nPart 7 Miscellaneous matters\nBiological Resources Act 2006 19\nPart 6 Offences\n38 Bioprospecting without permit\n(1) A person must not engage in bioprospecting except in accordance\nwith a permit registered with the CEO.\nMaximum penalty: 500 penalty units.\n(2) A person is taken to engage in bioprospecting if there is a\nreasonable prospect that biological resources taken by the person\nwill be subject to research and development on any genetic\nresources, or biochemical compounds, comprising or contained in\nthe biological resources.\n39 Giving false information\nA person, in making an application to a permit issuing authority, or\nin providing information to the CEO under section 15, must not\nknowingly give information that is false or misleading in a material\nparticular.\nMaximum penalty: 500 penalty units.\n40 Breach of permit conditions\nA bioprospector must not breach the conditions of a permit relating\nto bioprospecting and registered with the CEO.\nMaximum penalty: 500 penalty units.\n41 Breach of benefit-sharing agreement\nA person who is bound by the terms of a benefit-sharing agreement\nunder this Act must not breach a condition of the agreement.\nMaximum penalty: 500 penalty units.\nPart 7 Miscellaneous matters\n42 Bioprospector to keep records\n(1) A bioprospector issued a permit in relation to bioprospecting must\nkeep the following records for each sample taken:\n(a) for each record about a sample – a unique identifier for the\nsample that is also on a label attached to the sample or its\ncontainer;\n(b) the date the sample was taken;\n\nPart 7 Miscellaneous matters\nBiological Resources Act 2006 20\n(c) the location from which the sample was taken;\n(d) an indication of the quantity or size of the sample (for\nexample, approximate weight or physical dimensions of the\nsample);\n(e) the scientific name of, or given to, the sample;\n(f) the location of the sample when first entered in the record;\n(g) the details of any subsequent disposition of the sample,\nincluding the names and addresses of others having\npossession of the sample or a part of the sample.\nMaximum penalty: 100 penalty units.\n(2) A copy of the records must be sent to each relevant resource\naccess provider, the permit issuing authority and the CEO within a\nreasonable time after the sample is taken.\nMaximum penalty: 100 penalty units.\n(3) A record mentioned in subsection (1) for a sample must be retained\nby the bioprospector while the sample is in the bioprospector's\npossession.\nMaximum penalty: 100 penalty units.\n43 Disposal of samples\n(1) If a bioprospector does not intend to keep a sample for which the\nbioprospector has a record of the type mentioned in section 42(1),\nthe bioprospector must offer the sample and record to each\nresource access provider.\nMaximum penalty: 100 penalty units.\n(2) If no resource access provider agrees to take the sample and\nrecord, the bioprospector may dispose of the sample and, at that\ntime, must send the record and details of the disposal of the sample\nto the CEO.\nMaximum penalty: 100 penalty units.\n44 No exclusive rights to biological resources\n(1) No exclusive rights, or access, to a biological resource arises\nmerely from:\n(a) the issue of a permit by a permit issuing authority; or\n\nPart 7 Miscellaneous matters\nBiological Resources Act 2006 21\n(b) the entering into a benefit-sharing agreement by a resource\naccess provider.\n(2) The CEO cannot purport to grant exclusive rights or access to\nbiological resources in relation to which the Territory is the resource\naccess provider.\n(3) A term of a benefit-sharing agreement that purports to grant\nexclusive rights or access in contravention of subsection (2) is void.\n44A Permit not transferable\nA permit to take biological resources is not transferable by the\nperson to whom the permit is issued.\n45 Pre-existing benefit-sharing agreements\n(1) This section applies to a benefit-sharing agreement entered into\nbetween the Territory and a bioprospector before the\ncommencement of this Act under which:\n(a) the Territory gave the bioprospector the right to use, for\nbiodiscovery, biological resources:\n(i) taken from Territory land or waters; or\n(ii) sourced from biological resources from Territory land or\nwaters; and\n(b) the bioprospector agreed to provide benefits to the Territory\narising from biodiscovery.\n(2) On and from the commencement, the agreement is taken to be a\nbenefit-sharing agreement entered into under section 16(1) and the\nCEO must enter the agreement in the register.\n46 Delegation\nThe CEO may delegate in writing to an employee within the\nmeaning of the Public Sector Employment and Management\nAct 1993 any of the CEO's powers and functions under this Act or\nthe Regulations.\n47 Regulations\n(1) The Administrator may make regulations for this Act.\n\nPart 7 Miscellaneous matters\nBiological Resources Act 2006 22\n(2) The regulations may:\n(a) deal with the disposition of ownership in samples of biological\nresources, including details of any proposed transmission of\nsamples to third parties; and\n(b) prescribe fees payable under this Act; and\n(c) for an offence against the regulations, prescribe a fine not\nexceeding 200 penalty units; and\n(d) provide for an offence against the Regulations to be a\nregulatory offence; and\n(e) provide for the enforcement of a code of practice, including by\nproviding that a contravention of the code is an offence\nagainst the regulations; and\n(f) provide for:\n(i) the payment of a prescribed amount instead of a penalty\nthat may otherwise be imposed for an offence against\nthis Act; and\n(ii) the service of a notice relating to payment of the amount\non a person alleged to have committed the offence; and\n(iii) the particulars to be included in the notice; and\n(g) apply, adopt or incorporate (with or without changes) the\nwhole or part of a document as in force or existing at a\nparticular time or time to time.\n\nENDNOTES\nBiological Resources Act 2006 23\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nBiological Resources Act 2006 (Act No. 31, 2006)\nAssent date 3 November 2006\nCommenced 14 February 2007 (Gaz G7, 14 February 2007, p 3)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz S2, 24 January 2012);\nrem: 25 November 2011 (Gaz S68, 25 November 2011)\nMuseum and Art Gallery of the Northern Territory Act 2014 (Act No. 6, 2014)\nAssent date 20 March 2014\nCommenced 1 July 2014 (s 2)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nStatute Law Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 5, 6 and 46.\n\nENDNOTES\nBiological Resources Act 2006 24\n4 LIST OF AMENDMENTS\ns 6 amd No. 33, 2019, s 49; No. 26, 2020, s 3\ns 10 amd No. 6, 2014, s 43\ns 21 amd No. 6, 2014, s 43\ns 24 amd No. 6, 2014, s 43\ns 30 amd No. 6, 2014, s 43\ns 44A ins No. 30, 2010, s 28","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original 2006 intent. The amendments listed in the endnotes are minor and technical — updating references to the Museum and Art Gallery Act, inserting a non-transferability clause for permits (s 44A), and general statute law revisions. The core framework of permit-based bioprospecting with benefit-sharing agreements remains unchanged from the original enactment."},"complexity_factors":["Multiple defined terms in section 4 (approximately 15 key definitions) including cross-references to other Acts like the Aboriginal Land Rights Act and Fisheries Act","Complex land tenure mapping in section 6 identifying 9 different categories of resource access providers (freehold, Aboriginal land, community living areas, Native Title, Park freehold, Crown land, special purposes leases, pastoral leases, Territory waters)","Nested exemptions and exceptions in section 5 — bioprospecting is defined, then 7 specific exclusions in subsection (2), then 7 more exclusions in subsection (3) for activities done for non-biodiscovery purposes","Dual permit system requiring coordination between permit issuing authorities (Parks/Wildlife or Fisheries) and the CEO, creating a two-stage approval process (sections 11-23)","Conditional logic for benefit-sharing agreements depending on whether the resource access provider is the Territory (Part 3 Division 2) or a private entity, with different procedural requirements","Retrospective legitimisation mechanism in section 30 allowing non-compliant samples to be 'cleaned up' through subsequent agreements","Cross-references to Commonwealth legislation including the Gene Technology Act, Plant Breeder's Rights Act, Environment Protection and Biodiversity Conservation Act, and Aboriginal Land Rights Act","Certificate of provenance system (Part 5 Division 2) creating a formal compliance documentation trail with specific evidentiary requirements"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's law regulating **bioprospecting** — the collection of plants, animals, microbes or other biological material for research into their genetic or chemical properties (like discovering new medicines or industrial compounds).\n\n**Who it affects:**\n- **Bioprospectors**: Companies or researchers wanting to collect biological samples in the NT for commercial or scientific research\n- **Resource access providers**: Landowners or custodians who control access to biological resources (this includes Aboriginal Land Trusts, pastoral leaseholders, the NT Government itself for Crown land, and private landowners)\n- **Traditional Owners**: The law specifically recognises Indigenous knowledge about biological resources and requires consultation with Land Councils for Aboriginal land\n\n**Key requirements:**\n- You need a **permit** from the relevant authority (Parks and Wildlife or Fisheries) to take biological samples\n- If your activity counts as bioprospecting, you must negotiate a **benefit-sharing agreement** with whoever owns/controls the land and resources\n- These agreements must ensure **fair benefits** flow back to the Territory and recognise any Indigenous knowledge used\n- The CEO maintains a **public register** of permits and agreements (with some confidential information protected)\n- You can get a **certificate of provenance** — essentially a compliance certificate proving your samples were collected legally and ethically\n\n**Why it matters:**\nThis law tries to balance two things: encouraging scientific and commercial discovery using the NT's unique biodiversity, while making sure the Territory (especially Traditional Owners) gets a fair share of any benefits. It implements Australia's international obligations under the Convention on Biological Diversity (Nagoya Protocol) about fair access and benefit-sharing.\n\n**Important protections:**\n- No exclusive rights — you can't lock others out of the same biological resources\n- Permits can't be transferred to someone else\n- Traditional activities by Indigenous people (hunting, gathering for food/ceremony) are exempt\n- There are criminal penalties (up to 500 penalty units) for bioprospecting without permits or breaching agreements"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This reprint (as at 20 Nov 2020) retains the Act's original object—to facilitate bioprospecting while requiring conservation, informed consent and benefit‑sharing (s3). Amendments recorded in the endnotes and footnotes (for example insertion of non‑transferability in s44A and technical updates to agency names or related Acts) are mostly formal or procedural. There is no clear, large‑scale expansion of the substantive scope (the range of activities captured or the populations regulated) beyond the Act’s original purpose. The core features—permit requirement, CEO assessment role, mandatory benefit‑sharing agreements, register and certificates—remain the same as the Act’s stated intent."},"complexity_factors":["Approximately 16 defined terms in the interpretation section (s4) that shape coverage (eg. bioprospecting, biodiscovery, biological resources, resource access provider, permit issuing authority, CEO).","Multiple nested exceptions to the definition of bioprospecting in s5 (subsections 2–3) creating many circumstance‑based exclusions.","Two‑stage administrative flow with cross‑agency referrals: permit authority → CEO (ss12–13) → permit authority (ss20–21), producing conditional logic and dependencies.","Mandatory contractual requirements with detailed content list for benefit‑sharing agreements (s29) and a required informed consent assessment process (s28).","Register and certificate system with confidentiality carve‑outs and revocation power (ss23, 33–37), increasing recordkeeping and evidentiary complexity.","Significant CEO discretion across technical determinations (what counts as bioprospecting, informed consent, fairness to Territory, what to publish), raising implementation complexity (ss13, 15, 17, 23).","Cross‑references to other statutes and regulatory schemes (Aboriginal Land Rights (Cth), Gene Technology Act 2000 (Cth), Plant Breeder's Rights Act 1994 (Cth), Fisheries Act, Parks & Wildlife Act) making legal positioning multi‑instrumental (s4, s5 exceptions).","Retrospective legitimisation route for pre‑existing or improperly taken samples (s30) that introduces conditional validation and potential prosecution risk.","Uniform but high penalties for multiple breach types (500 penalty units) and lower penalties for recordkeeping, producing legal‑risk gradients (ss38–43).","Regulations and delegation powers (s46–47) allow further procedural detail and delegated decision‑making, which shifts some clarity into subordinate instruments."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a permit-and-contract regime for \"bioprospecting\" in the Northern Territory (NT). Bioprospecting is defined as taking samples of biological resources for research into genetic or biochemical compounds (see s5 and s4).\n- Requires anyone wanting to take samples for biodiscovery to obtain a permit from the relevant permit-issuing authority (for example, Parks & Wildlife or Fisheries) and, where the activity is bioprospecting, to have a benefit‑sharing agreement in place with the land/water owner or other resource access provider (ss11, 12, 27).\n- Gives the NT Chief Executive Officer (CEO) a central assessment and gatekeeping role: the permit authority refers potentially bioprospecting applications to the CEO (ss12–13); the CEO decides whether an activity is bioprospecting, may require extra information (s15), must be satisfied that negotiated benefit‑sharing terms are fair to the Territory when the Territory itself is the resource access provider (s16–17), and must confirm to the permit authority that an acceptable benefit‑sharing agreement is in place before a permit may be issued (ss20–21).\n- Requires benefit‑sharing agreements to contain specified information (parties, species, quantity, purpose, labelling, ownership/disposition, use of indigenous knowledge, and benefits to be provided) and to be entered into with \"prior informed consent\" from the resource access provider (ss28–29).\n- Creates a public register maintained by the CEO recording permits, samples, benefit‑sharing agreements and certificates of provenance, while allowing the CEO to withhold culturally sensitive or commercially or environmentally risky material from public disclosure (ss33, 23(2)).\n- Allows holders of legitimately obtained samples to request a Certificate of Provenance from the CEO attesting that the sample was collected under a permit, with informed consent and a benefit‑sharing agreement—this certificate carries details useful for downstream users and international compliance (ss35–36). The CEO can revoke the certificate if it later appears it should not have been issued (s37).\n- Creates offences and penalties for bioprospecting without a registered permit, giving false information, breaching permit conditions or benefit‑sharing agreements, and breathes out record‑keeping and sample‑disposal obligations for bioprospectors (parts 6 and 7; penalties up to 500 penalty units for major breaches; record-keeping penalties lower) (ss38–43).\n- Makes explicit that permits or benefit‑sharing agreements do not, by themselves, create exclusive property rights in biological resources, and that a permit is not transferable (ss44, 44A).\n\n\nWho it affects\n\n- Bioprospectors: researchers, private companies, or contractors who take biological samples for biodiscovery (defined in s4; activity defined in s5).\n- Resource access providers: land or water owners or controllers (freehold owners, Aboriginal Land Trusts, native title bodies corporate, the Territory for Crown land and many leases, etc.) — defined in s6.\n- Permit issuing authorities: the agencies that manage permits for flora, fauna, fisheries and any other prescribed bodies (s4 definition).\n- The CEO (the administering agency) who manages assessment, the register, certificates and some negotiation when the Territory is the provider (ss13, 16, 33, 35–37).\n- Indigenous persons and communities: the Act explicitly recognises indigenous knowledge and requires informed consent and consultation provisions when indigenous land or knowledge is involved (ss3(d), 28).\n\n\nWhy it matters (purpose claims and how they work in practice)\n\n- Official purpose claims: the Act says it is designed to \"facilitate bioprospecting\" while promoting conservation and ecologically sustainable use, to provide certainty and lower administrative cost for applicants, to establish equitable benefit‑sharing with resource providers, to recognise indigenous knowledge, and to contribute to national consistency (s3). Those are the stated policy goals.\n\n- Practical mechanisms to achieve those goals: permits plus mandatory benefit‑sharing agreements and a provenance certificate create a legal pathway intended to allow research while documenting consent and benefit arrangements (ss11, 27, 35–36). The register and certificate aim to reduce legal risk for downstream users and to show compliance with international obligations (ss33, 36).\n\n- Costs, incentives and trade‑offs:\n  - Compliance and transaction costs: applicants must prepare permit applications, negotiate benefit‑sharing agreements (s29), produce records (s42) and may be required to provide further information to the CEO (s15). These tasks impose direct time and legal/transaction costs on researchers and companies.\n  - Delay and approval risk: the CEO has discretion to decide whether an activity is bioprospecting (s13), to require more information (s15), and to refuse to enter into an agreement or decline to certify informed consent; if the CEO and applicant do not reach an agreement, the permit issuing authority must decline to issue a permit (s18). Those features introduce administrative delay and uncertainty.\n  - Effects on commercial terms and ownership: benefit‑sharing agreements must record disposition of ownership and transmission to third parties (s29(g)), which affects downstream commercialization, licensing and investor expectations. Also, the Act says a permit or agreement does not itself confer exclusive rights to resources (s44), limiting the ability to secure exclusivity by contract.\n  - Geographic and sourcing substitution: the compliance burden and contractual terms may incentivise private actors to source biological materials from outside the Territory or from collections/exempt sources specified in the Act (s5(2), s10), creating a substitution effect.\n  - Concentrated benefits vs diffuse costs: benefits (monetary or non‑monetary) negotiated in agreements accrue to specific resource access providers (often indigenous groups or the Territory) while the compliance costs are borne more widely by research entities and firms.\n  - Risk of holdouts or bargaining leverage: the CEO’s gatekeeping role and the need for prior informed consent mean that a resource access provider (or the CEO acting for the Territory) can effectively block issuance if terms are unacceptable (ss16–18, 28). The Act requires the CEO to be satisfied agreements are fair to the Territory (s17), which is a subjective test and creates room for bargaining friction.\n  - Enforcement and penalties: breach of permit or agreement carries significant fines (ss38–41), increasing the compliance imperative and potential downside for accidental non‑compliance.\n\n- Implementation and discretion risks:\n  - The CEO plays multiple discretionary roles (deciding what counts as bioprospecting, assessing informed consent, entering agreements for the Territory, certifying provenance and revoking certificates) which centralises decision power and creates single‑point implementation risk (ss13, 15, 16–17, 35–37).\n  - The Act preserves confidentiality for culturally sensitive or commercially sensitive register entries (s23(2)), which mitigates some disclosure risks but increases the exercise of discretion about what is withheld.\n\n- Effects on private enterprise, competition and contract freedom:\n  - Increases transaction and regulatory costs for firms wanting to use Territory biological resources. These costs can reduce marginal returns to biodiscovery in the NT relative to lower‑friction jurisdictions.\n  - Contracts (benefit‑sharing agreements) are mandatory and must include specified content, which narrows freedom to omit or change key terms (s29). However, parties retain freedom to negotiate the terms themselves within those required categories.\n  - Non‑transferability of permits (s44A) reduces tradability of permit rights and may affect investment liquidity for project sponsors.\n\n- Opportunities created:\n  - Certificates of provenance (s36) can support legal market access for downstream users by documenting compliance with NT and international rules, which can be commercially valuable.\n  - The register (s33) can improve transparency about who is working with which resources and where, aiding research coordination and public oversight, subject to permitted confidentiality carve‑outs.\n\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: bioprospectors and their principals (companies or research organisations) pay the direct costs of compliance—application fees (prescribed by regulation), negotiation of benefit‑sharing agreements, record‑keeping, and any benefits agreed to resource access providers (ss11, 27, 29; regs power in s47).\n- Who decides: permit issuing authorities decide on permits in their regulatory remit but must defer bioprospecting determinations and benefit‑sharing confirmation to the CEO. The CEO decides whether activity is bioprospecting, whether informed consent exists, whether a Territory agreement is fair, what is recorded on the public register, and whether to issue or revoke certificates of provenance (ss12–13, 15–21, 23, 35–37).\n- Behaviour change expected: applicants will route biodiscovery that involves Territory resources through this statutory process (permits, benefit‑sharing contracts, record keeping). Some actors may avoid Territory sourcing if transaction costs or negotiation risk is too high; others may invest in obtaining certificates of provenance to facilitate downstream commercialization.\n\n\nKey sections to refer to: definitions and scope (s4–7), the permit referral and assessment process (ss11–15), obligations where the Territory is the provider (ss16–18), benefit‑sharing agreement content and informed consent (ss27–29), register and certificate regime (ss33–37), offences and penalties (ss38–41), record‑keeping and sample disposition (ss42–43), limits on exclusivity and non‑transferability (ss44, 44A)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/biological-resources-act-2006","history":"/api/acts/biological-resources-act-2006/history","analysis":"/api/acts/biological-resources-act-2006/analysis","conflicts":"/api/acts/biological-resources-act-2006/conflicts","importantCases":"/api/acts/biological-resources-act-2006/important-cases","documents":"/api/acts/biological-resources-act-2006/documents"}}