Biodiscovery Act 2004
sec.4Why this Act was enacted
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sec.4 Why this Act was enacted
The Commonwealth has ratified the Convention on Biological Diversity, the objects of which are— the conservation of biological diversity; and the sustainable use of its components; and the fair and equitable sharing of benefits arising from the use of genetic resources. The Convention on Biological Diversity requires countries to develop and implement strategies for the conservation of biological diversity and the sustainable use of its components. Article 15 of the Convention on Biological Diversity recognises the sovereign rights of the States over their natural resources and the States’ authority to decide access to genetic resources, including the fair and equitable sharing of benefits gained from the access. The Nagoya Protocol is a supplementary agreement implementing Article 15 of the Convention on Biological Diversity that includes principles aimed at ensuring— traditional knowledge associated with genetic resources is accessed with free, prior and informed consent; and 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. This Act is intended to give effect to— 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 the principles of the Nagoya Protocol mentioned in subsection (4) in relation to native biological material, instead of only genetic resources. In this section— Convention on Biological Diversity means the agreement— called the ‘Convention on Biological Diversity’; and 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 ratified by the Commonwealth on 18 June 1993; and entered into force on 29 December 1993. genetic resources see the Convention on Biological Diversity, Article 2 . Nagoya Protocol means the agreement— 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 adopted at the conference of the parties to the Convention on Biological Diversity on 29 October 2010; and signed by the Commonwealth on 20 January 2012; and entered into force on 12 October 2014. s 4 amd 2020 No. 27 s 6 (sec.4-ssec.1) The Commonwealth has ratified the Convention on Biological Diversity, the objects of which are— the conservation of biological diversity; and the sustainable use of its components; and the fair and equitable sharing of benefits arising from the use of genetic resources. (sec.4-ssec.2) The Convention on Biological Diversity requires countries to develop and implement strategies for the conservation of biological diversity and the sustainable use of its components. (sec.4-ssec.3) Article 15 of the Convention on Biological Diversity recognises the sovereign rights of the States over their natural resources and the States’ authority to decide access to genetic resources, including the fair and equitable sharing of benefits gained from the access. (sec.4-ssec.4) The Nagoya Protocol is a supplementary agreement implementing Article 15 of the Convention on Biological Diversity that includes principles aimed at ensuring— traditional knowledge associated with genetic resources is accessed with free, prior and informed consent; and 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. (sec.4-ssec.5) This Act is intended to give effect to— 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 the principles of the Nagoya Protocol mentioned in subsection (4) in relation to native biological material, instead of only genetic resources. (sec.4-ssec.6) In this section— Convention on Biological Diversity means the agreement— called the ‘Convention on Biological Diversity’; and 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 ratified by the Commonwealth on 18 June 1993; and entered into force on 29 December 1993. genetic resources see the Convention on Biological Diversity, Article 2 . Nagoya Protocol means the agreement— 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 adopted at the conference of the parties to the Convention on Biological Diversity on 29 October 2010; and signed by the Commonwealth on 20 January 2012; and entered into force on 12 October 2014.