208Application—certain biological resources

208 Application—certain biological resources (1) The conservator may declare that this part does not apply to stated biological resources or a stated collection of biological resources (including future additions to the collection) if— (a) the resources are held as specimens away from their natural environment by the Territory or a territory authority and the conservator has reasonable grounds to believe that access to the resources is in a way that is consistent with this part; or

(b) the conservator has reasonable grounds to believe that— (i) access to the resources is under a law in force in the Territory; or (ii) access to the resources is under a law (other than a Commonwealth law) in force in a State and, if the declaration is made, access to the resources would be in a way that is consistent with this part; or (c) use of the resources is required to be controlled under any international agreement to which Australia is a party. Example—international agreement to which Australia is a party the International Treaty on Plant Genetic Resources for Food and Agriculture Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (2) A person may ask the conservator to make a declaration. (3) A declaration may be subject to conditions. (4) A declaration is a notifiable instrument.