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Mr HENDERSON (Business and Economic Development): Madam Speaker, I move that the bill be now read a second
time.
The purpose of this bill is to provide a legal framework governing access to biological resources in the Northern Territory
for the purposes of bioprospecting. Bioprospecting is identifying new substances that could be used in biotechnology and it
is classically identified as the production of new drugs. This bill will ensure that any bioprospector has not only the proper
permit under the Fisheries Act or the Territory Parks and Wildlife Conservation Act, but also the prior informed consent of
the resource access provider, and that a share of the benefits from the discovery, if any, be returned to the resource access
provider. Further, the bill requires that traditional indigenous knowledge be recognised and benefits agreed where
appropriate.
The Northern Territory’s diverse biological resources are the source of much interest from researchers. Approximately 50%
of all drugs in use come from natural products, or synthetic copies of national products, and as such there is an increasing
interest in this area. The Northern Territory’s biodiversity is highly conserved which, when combined with our remoteness
and small population, results in high bioprospectivity. This has appeal for bioprospectors and makes the Northern Territory
an attractive location to carry out such activity.
Bioprospecting typically requires high levels of investment, generally over long lead times and involving high financial
risk. As such, it is not realistic to expect large up-front monetary benefits. Instead, focus should also be given to capturing
an equitable share of non-monetary and indirect benefits. These may include capacity building through joint ventures, for
example, early stage research and extracts; Phd and post doctoral research positions; research nodes; and, other
employment and investment opportunities.
The bill has been developed to facilitate a new industry for the Northern Territory, and additional investment and
employment opportunities associated with this. Establishing a regulatory framework through this draft bill provides a
safeguard for industry. Biological resources can be legally collected with prior informed consent and approval from
government regulators, creating certainty of title to samples and intellectual property created by using these samples and a
right to use them. In particular, it creates a transparent process and, subsequently, provides predictability and certainty for
organisations wanting to come to the Northern Territory to collect biological resources. Additionally, it provides a
mechanism for the return of benefits to the resource access provider.
This legislation has been developed in line with the aims of the Bonn guidelines on access to genetic resources and fair and
equitable sharing of the benefits arising out of their utilisation under the United Nations Convention on Biological
Diversity, the nationally consistence approach for access, and the utilisation of Australia’s native, genetic and biochemical
resources, and also aligns with the Commonwealth’s legislation on this issue.
This bill will provide an appropriate level of governance and enforcement making it illegal to take biological resources for
the purpose of bio-prospecting without the appropriate permits and prior informed consent from the resource access
provider. The bill requires that a benefit sharing agreement be entered into with the resource access provider so that a share
of the benefits resulting from research - be this monetary or in the way of intellectual property - be returned to the access
provider. In addition to providing a robust and transparent governance framework which encourages bio-prospecting within
the Northern Territory, the acts and associated policy will also serve to limit the opportunities for unlawful access - or
bio-piracy as it is sometimes called - to our biological resources. Such inappropriate actions are not a fanciful use of
colourful language.
In 2002, the Journal of the American Medical Association published findings by a research scientist based on an extract
from a Top End plant sourced from the Katherine region. Extracts of this plant were shown to have some effect against
anthrax, tuberculosis, malaria and golden staph. To date, we are unable to find evidence that these samples were taken
under a permit, as required by the Territory Parks and Wildlife Conservation Act.
Similarly, the case of cyclosporine A is also noteworthy. Cyclosporine A is a drug given to organ transplant patients to
prevent the body from rejecting the new organ. A scientist working for a Swiss company took soil samples whilst on
holiday in Norway and the result was cyclosporine A. Norway receives no share of the approximate $US1bn per annum
generated by the drug, all of which goes to the parent company.
The bill also allows for a certificate of prominence to be issued to a bio-prospector. In essence, this is designed to provide
certainty to end users of a biological sample or intellectual property created from that sample, that the sample was obtained
with the prior informed consent of the access provider, and that it was in line with the laws of the issuing jurisdiction.
Native title issues have been considered in the development of this legislation. The rights of indigenous people to access
plants for traditional purposes has been confirmed within the new legislation by precluding the grant of exclusive access to
a biological resource on Northern Territory government land. Furthermore, the inherently small volumes required in
relation to overall biomass of an organism, combined with the restrictions imposed by permit conditions, make it unlikely
in a practical sense to impact upon traditional rights in this regard. This new legislation provides a mechanism which allows
for the recognition of traditional ecological knowledge, and directly provides the opportunity for indigenous people to
negotiate a benefit in return for the sharing of such knowledge.
This legislation is fundamental to establishing and protecting future jobs and training opportunities that may develop in this
new industry sector in the Northern Territory.
Madam Speaker, I commend the bill to honourable members and table a copy of the explanatory statement.
Debate adjourned.