Queensland Consolidated Acts Queensland Consolidated Actsapplicable collection protocol, for taking native biological material, means a collection protocol about taking the material.
appointing chief executive, for an inspector, see section 61(1).
approved biodiscovery plan means a biodiscovery plan approved under section 39.
approved form means a form approved under section 122.
benefit sharing agreement see section 33(1).
benefits of biodiscovery include—
(a) any economic, environmental or social benefits for the State, including the following—
(i) investment in any of the following—
(A) State-based biotechnology industry;
(B) State-based entities;
(C) research and development infrastructure in the State;
(ii) the transfer of technology to State-based entities;
(iii) the creation of employment in the State;
(iv) the formation of collaborative agreements with State-based entities;
(v) the conduct of biodiscovery research involving field and clinical trials in the State;
(vi) the undertaking of commercial production, processing or manufacturing of native biological material in the State;
(vii) the creation of alternative crops or industries in the State;
(viii) improved knowledge of the State's biological diversity or natural environment; and
(b) the payment of amounts of money to the State.
biodiscovery means—
(a) biodiscovery research; or
(b) the commercialisation of native biological material or a product of biodiscovery research.
biodiscovery entity means an entity that engages in biodiscovery.
biodiscovery plan means a plan, complying with section 37, about a biodiscovery entity's proposed biodiscovery activities.
biodiscovery research means the analysis of molecular, biochemical or genetic information about native biological material for the purpose of commercialising the material.
biological diversity means the natural diversity of native biological resources, together with the environmental conditions necessary for their survival, and includes—
(a) regional diversity, that is, the diversity of the landforms, soils and water of a region, and the functional relationships that affect environmental conditions within ecosystems; and
(b) ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them; and
(c) species diversity, that is, the diversity of species; and
(d) genetic diversity, that is, the diversity of genes within each species.
collection authority means a collection authority issued under section 15(1).
collection authority register means the register established under section 27.
collection protocol see section 45(1).
commercialisation, of native biological material—
1 Commercialisation, of native biological material, means using the material in any way for gain.
2 The term does not include using the material to obtain financial assistance from a State or the Commonwealth, including, for example, a government grant.
commercialisation activities means activities carried out for commercialising native biological material.
compliance code see section 44(1).
corresponding authority see section 125.
DSDI chief executive means the chief executive of the department in which the Gene Technology Act 2001 is administered.
DSDI Minister means the Minister responsible for administering the Gene Technology Act 2001.
EPA chief executive means the chief executive of the department in which the Nature Conservation Act 1992 is administered.
EPA Minister means the Minister responsible for administering the Nature Conservation Act 1992.
executive officer, of a corporation, means a person who—
(a) is a member of the governing body of the corporation; or
(b) is concerned with, or takes part in, the corporation's management, whatever the person's position is called and whether or not the person is a director of the corporation.
Great Barrier Reef Marine Park Authority means the Great Barrier Reef Marine Park Authority established under the Great Barrier Reef Marine Park Act 1975 (Cwlth).
Great Barrier Reef Region, means the Great Barrier Reef Region established under the Great Barrier Reef Marine Park Act 1975 (Cwlth).
holder means—
(a) for a collection authority—the person recorded in the collection authority register as the holder of the authority; and
(b) for a corresponding authority—the person to whom the authority was issued.
information notice, about a decision of the EPA chief executive under section 14, means a written notice stating each of the following—
(a) the decision;
(b) the reasons for the decision;
(c) that the person to whom the notice is given may, within 20 business days after the day the notice is given, ask the EPA Minister to review the decision;
(d) how the person may apply for the review.
inspector means a person holding office as an inspector under part 8.
land includes—
(a) the airspace above land; and
(b) land that is, or is at any time, covered by water.
material disposal report, about native biological material, means a written report stating the following details about the disposal of the material—
(a) the name and contact details of each person to whom the material was given;
(b) when the material was given;
(c) a description of the type of material, of sufficient detail to enable the material to be identified;
(d) the volume or amount of the material.
minimal quantity, for native biological material, means the quantity of the material that—
(a) is the minimum amount reasonably required for laboratory-based biodiscovery research; and
(b) will cause no more than a minor and inconsequential impact on the biological diversity of the State land or Queensland waters from which the material was taken; and
(c) for vulnerable wildlife within the meaning of the Nature Conservation Act 1992—will not impact on the ability of the wildlife population to expand; and
(d) for endangered wildlife within the meaning of the Nature Conservation Act 1992—will not prevent the wildlife individual from producing viable offspring.
native biological material means—
(a) a native biological resource; or
(b) a substance sourced, whether naturally or artificially, from a native biological resource; or
(c) soil containing a native biological resource.
native biological resource means—
(a) a non-human living organism or virus indigenous to Australia and sourced from State land or Queensland waters; or
(b) a living or non-living sample of the organism or virus.
official means any of the following—
(a) the EPA Minister;
(b) the DSDI Minister;
(c) the EPA chief executive;
(d) the DSDI chief executive.
place includes the following—
(a) land;
(b) premises;
(c) a vehicle, boat or aircraft.
QCAT information notice means a notice complying with the QCAT Act, section 157(2).
receiving entity, for a sample of native biological material, see section 30(1).
reportable matter means any of the following matters about which a biodiscovery entity is required, under a benefit sharing agreement, to report to the DSDI Minister—
(a) the results of biodiscovery research carried out by or for the entity under the agreement;
(b) the commercialisation activities carried out by or for the entity under the agreement;
(c) the amount or value of the total consideration given or to be given to the entity, or someone else at the entity's direction, for the commercialisation activities carried out under the agreement.
section 14 conditions, for a collection authority, see section 17(3).
sourced, from native biological material, means—
(a) produced by, or extracted or otherwise derived from, the material; or
(b) synthesised from the material.
State-based means based in the State.
State collection means a collection owned by the State.
State land means all land in Queensland that is not—
(a) freehold land owned by a person other than the State or an entity representing the State or owned by the State; or
(b) land, including land in a freeholding lease as defined under the Land Act 1994, contracted to be granted in fee-simple by the State to a person other than the State or an entity representing the State or owned by the State; or
(c) land subject to a native title determination granting rights of exclusive possession.
State native biological resource see section 3(1)(a).
wet tropics area means the wet tropics area within the meaning of the Wet Tropics World Heritage Protection and Management Act 1993.
Wet Tropics Management Authority means the Wet Tropics Management Authority established under the Wet Tropics World Heritage Protection and Management Act 1993.