sec.33Power to enter into benefit sharing agreement

sec.33 Power to enter into benefit sharing agreement

The Minister may, for the State, enter into an agreement (a benefit sharing agreement ) with a biodiscovery entity under which— the State gives the entity the right to use native biological material from State land or Queensland waters for biodiscovery; and the entity agrees to provide benefits of biodiscovery to the State. The Minister must not enter into a benefit sharing agreement with a biodiscovery entity unless the Minister is satisfied— the entity has not accessed, and will not access, traditional knowledge for the biodiscovery the subject of the agreement; or the entity has complied with, and will continue to comply with, the entity’s traditional knowledge obligation for the biodiscovery the subject of the agreement. The parties to a benefit sharing agreement may, at any time, amend the agreement. The Minister may delegate the Minister’s powers under this section to the chief executive. s 33 amd 2017 No. 35 s 6 ; 2020 No. 27 s 16 (sec.33-ssec.1) The Minister may, for the State, enter into an agreement (a benefit sharing agreement ) with a biodiscovery entity under which— the State gives the entity the right to use native biological material from State land or Queensland waters for biodiscovery; and the entity agrees to provide benefits of biodiscovery to the State. (sec.33-ssec.2) The Minister must not enter into a benefit sharing agreement with a biodiscovery entity unless the Minister is satisfied— the entity has not accessed, and will not access, traditional knowledge for the biodiscovery the subject of the agreement; or the entity has complied with, and will continue to comply with, the entity’s traditional knowledge obligation for the biodiscovery the subject of the agreement. (sec.33-ssec.3) The parties to a benefit sharing agreement may, at any time, amend the agreement. (sec.33-ssec.4) The Minister may delegate the Minister’s powers under this section to the chief executive.

• (a) the State gives the entity the right to use native biological material from State land or Queensland waters for biodiscovery; and
• (b) the entity agrees to provide benefits of biodiscovery to the State.
• (a) the entity has not accessed, and will not access, traditional knowledge for the biodiscovery the subject of the agreement; or
• (b) the entity has complied with, and will continue to comply with, the entity’s traditional knowledge obligation for the biodiscovery the subject of the agreement.