This paper was released as part of the first phase of consultation for the development of the WA Biodiscovery Bill. The paper outlines some of the key concepts for the development of the Bill.
About the WA Biodiscovery Bill
Biodiscovery refers to research and analysis of biological resources, such as native plants, to identify components of value. The outcomes may have a commercial or scientific value. For example, using natural compounds found in a native plant to create new medicines.
The Bill will provide a way of managing biodiscovery in Western Australia and ensuring that benefits are shared fairly and equitably in line with the principles of the Nagoya Protocol.
To find out more about the Bill, read the consultation paper below.
What are the principles behind the Bill?
Show moreThe Nagoya Protocol is an international agreement which aims at sharing the benefits arising from the utilisation of genetic resources in a fair and equitable way. The key principles of the Nagoya Protocol and how these will be applicable to the new legislation, include:
- Authorised access – Biological resources from WA must be obtained lawfully, with free, prior and informed consent.
- Mutually agreed terms – Access and use of biological resources must be on terms that have been mutually agreed between the relevant parties including private land owners, Exclusive Possession Native Title holders and Custodians of Traditional Knowledge.
- Benefit sharing – There should be fair and equitable sharing of benefits arising from the use of biological resources. Benefits may be:
- monetary (e.g. payment, research funding, joint ventures, intellectual property); or
- non-monetary (e.g. collaboration in scientific research, education and training opportunities).
- Recognition and protection of traditional knowledge – Any use of traditional knowledge should be agreed, and in certain circumstances such as if the biodiscovery activity is for a commercial purpose, the Traditional Knowledge Custodians should share in the benefits.
What does the Bill mean for biodiscovery proponents?
Show moreBiodiscovery proponents such as researchers, organisations and anyone else who would like to access a WA native biological resource to conduct biodiscovery activities will need to follow a series of processes which are being determined through consultation. Potential processes and considerations for discussion are outlined in the consultation paper below.
