Northern Territory regulation

BIOLOGICAL RESOURCES REGULATIONS 2007

In ForceNT

Jurisdiction

Northern Territory

Collection

regulation

Plain English Summary

3/10 complexity

These Regulations set out administrative steps, fees and record-keeping rules for collecting, transferring, disposing of and permitting use of Northern Territory biological samples for biodiscovery. They specify who issues certain permits (the CEO in some cases), the fees for certificates and permits, reporting deadlines, transfer notifications and permitted disposal methods, and give the CEO limited discretion to waive fees.

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Current sections

Direct links to the current provisions in BIOLOGICAL RESOURCES REGULATIONS 2007.

BIOLOGICAL RESOURCES REGULATIONS 2007

NORTHERN TERRITORY OF AUSTRALIA BIOLOGICAL RESOURCES REGULATIONS 2007 As in force at 14 February 2007 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 CEO is permit issuing authority ....................................................... 1 4 Fee for certificate of provenance ..................................................... 1 5 Records of samples ......................................................................... 1 6 Transfer of samples for biodiscovery ............................................... 2 7 Disposal of samples not required for biodiscovery .......................... 2 8 Other fees ........................................................................................ 2 Schedule Fees ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 14 February 2007

BIOLOGICAL RESOURCES REGULATIONS 2007 Regulations under the Biological Resources Act 2006 1 Citation These Regulations may be cited as the Biological Resources Regulations 2007. 2 Commencement These Regulations commence on the commencement of the Biological Resources Act 2006. 3 CEO 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. 4 Fee 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. 5 Records 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.

Biological Resources Regulations 2007 2 6 Transfer 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. 7 Disposal 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. 8 Other 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.

Schedule Fees Biological Resources Regulations 2007 3 Schedule Fees regulation 8 Item description Fee Issue of a permit by CEO (regulation 3) 50 revenue units

ENDNOTES Biological Resources Regulations 2007 4 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 Act 2006 (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.

Source text

Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

1 BIOLOGICAL RESOURCES REGULATIONS 2007

NORTHERN TERRITORY OF AUSTRALIA

As in force at 14 February 2007