212Benefit-sharing agreement—informed consent

212 Benefit-sharing agreement—informed consent (1) The conservator must not enter into a benefit-sharing agreement on behalf of the Territory concerning access to biological resources for which a native title holder is an access provider unless the conservator is satisfied on reasonable grounds that the access provider has given informed consent to the benefit-sharing agreement. (2) In considering whether an access provider has given informed consent to a benefit-sharing agreement, the conservator must consider the following matters: (a) whether the access provider had adequate knowledge of this part and was able to engage in reasonable negotiations with the applicant for the nature conservation licence about the benefit-sharing agreement; (b) whether the access provider was given adequate time— (i) to consider the application for the nature conservation licence (including time to consult relevant people); and (ii) to negotiate the benefit-sharing agreement; (c) whether the views of any representative Aboriginal body or any other body performing the functions of a representative body for the reserve have been sought; (d) whether the access provider has received independent legal advice about the application and the requirements of this part.