VZCZCXRO1293
PP RUEHPT
DE RUEHBY #0225/01 0642248
ZNR UUUUU ZZH
P 052248Z MAR 09
FM AMEMBASSY CANBERRA
TO RUEHC/SECSTATE WASHDC PRIORITY 1161
INFO RUEHBN/AMCONSUL MELBOURNE 6106
RUEHPT/AMCONSUL PERTH 4370
RUEHDN/AMCONSUL SYDNEY 4321
RUEHRC/DEPT OF AGRICULTURE WASHINGTON DC

UNCLAS SECTION 01 OF 04 CANBERRA 000225 
 
SENSITIVE 
SIPDIS 
 
STATE FOR OES/ENRC SEYMOUR 
 
E.O. 12958: N/A 
TAGS: EAGR SENV TBIO AS
SUBJECT: AUSTRALIA: ACCESS TO GENETIC RESOURCES IN ADVANCE 
OF NEGOTIATION 
 
REF: SECSTATE 9667 
 
¶1. (SBU) Per instructions in reftel, Econoff visited David 
Dutton, Director, Environment and Sea Law Branch, at the 
Department of Foreign Affairs and Trade on February 12. 
Dutton was identified by Australia's CBD Point of Contact, 
Robyn Bromley, as the GOA official most responsible for 
access and benefit sharing information.  Dutton assured 
econoff that Australia has a long history of taking positions 
consistent with U.S. views, although the U.S. is not itself a 
party.  He described the Australian system of Access and 
Benefit Sharing (ABS) provisions as "horribly complicated" 
with multiple levels of jurisdiction and legal requirements, 
but said that Australia shared U.S. concerns that any future 
international framework on ABS issues not make it more 
difficult to negotiate ABS agreements or otherwise stifle 
legitimate research. Dutton emphasized that policies that 
might be most likely to diverge from best global practices 
would be around the issues of indigenous rights and 
traditional knowledge, where Australia has taken steps to 
ensure that the rights and benefits from resources in 
indigenous areas, or derived from traditional knowledge, are 
firmly enforced.  Dutton said that he is planning to travel 
to the U.S. at the end of March and hopes to meet with 
relevant U.S. government officials dealing with ABS issues. 
We will follow up with additional information on this visit 
as it develops. 
 
¶2. Econoff also spoke with the Commonwealth (that is, Federal 
Government) Genetic Resources Manager Ben Philips at the 
Department of Environment, Water, Heritage and the Arts 
(DEWHA).  Philips provided details on several questions in 
reftel.  He also noted that several other countries, 
including Canada, New Zealand, Mexico, China, and South 
Africa had either sent officials to Australia to examine the 
ABS system, or had had their Embassies make similar 
inquiries.  Philips said from his point of view the current 
divisions over ABS fundamentals had created "mass 
uncertainty" for researchers, and that it had to be resolved 
soon.  It would be better for all, Philips said, if the final 
outcome followed the Bonn Guidelines in substance, but any 
resolution that provided some degree of certainty to 
researchers would be better than the current debate. 
 
¶3. (SBU) Australia has submitted a detailed submission to the 
CBD on national ABS arrangements.  The overall goal of the 
Australian system is to provide a nationally consistent 
approach while affirming the three different levels of 
jurisdiction than might apply, under Australia's federal 
constitutional arrangements, as parties to any ABS agreement. 
 
¶4. (SBU) Questions in reftel are answered as follows: 
 
National Legislation 
-------------------- 
 
Q: What are the relevant laws and procedures that researchers 
must fulfill in order to conduct research about biological or 
genetic resources, including research permits and visas? 
 
A: The 2000 Environmental Protection and Biodiversity 
Conservation Act (EPBC) provides overarching authority to the 
Minister for the Environment and Australian federal 
departments to oversee Australian policy on biodiversity and 
environmental protection.  Legislation to govern specific 
access to genetic resources and ensure benefit-sharing has 
been established by the Federal Government, in the State of 
Queensland, and the Northern Territory.  The other state and 
territory governments in Australia are considering, or are 
Qterritory governments in Australia are considering, or are 
well-advanced in the process of developing similar 
frameworks. 
 
Q: Which government agencies are responsible for issuing such 
permits and supervising researchers?  Is this done at the 
national, state, or local level?  At multiple levels?  Are 
the terms and conditions that address the concept of mutually 
agreed terms for research permission and the sharing of 
benefits general or specific (i.e., geared to the specific 
collection activity)? 
 
A: Biodiscovery in Commonwealth (Federal) areas is governed 
by the Environment Protection and Biodiversity Conservation 
Regulations 2000 (the Regulations).  Under the Regulations, 
persons seeking access to biological resources must apply to 
the Department of the Environment and Water Resources for a 
permit.  Commonwealth areas include Australia's national 
 
CANBERRA 00000225  002 OF 004 
 
 
parks system, restricted areas, and Commonwealth waters. 
 
The Queensland Government's Biodiscovery Act 2004 sets out a 
framework regulating biodiscovery, with the purpose of 
facilitating sustainable access to Queensland's biodiversity 
and ensuring the fair and equitable sharing of any benefits 
derived from these activities with the State of Queensland. 
The Act applies to resources on land or waters in Queensland 
that are not owned or possessed privately. 
 
The purpose of the Act is achieved through a benefit sharing 
regime based on contractual Benefit Sharing Agreements and 
Biodiscovery Plans (administered by the Department of State 
Development) and a permitting regime (administered by the 
Environmental Protection Agency) involving a single 
Biodiscovery Collection Authority for State lands or 
Queensland waters. 
 
Biodiscovery in the Northern Territory is covered by the 
Biological Resources Act 2006 (the Act).  Under the Act, a 
person who wishes to engage in biodiscovery for scientific or 
commercial reasons in any part of the Northern Territory must 
obtain a permit. 
 
Applications for a permit can be made to the Parks and 
Wildlife Commission or the Fisheries Group.  A permit will 
not be issued until the applicant has obtained written prior 
informed consent from the provider and a benefit-sharing 
agreement.  Unlike in Queensland, this includes situations 
where the access provider is a private citizen.  The Northern 
Territory government can also issue a certificate of 
provenance if requested. 
 
Victoria has a functional administrative system for 
permitting that largely mirrors those found in Queensland and 
the NT, but has no formal legislative framework to govern it. 
 
Tasmania is likely to implement a similar legal framework 
within a period of months, Philips said. 
 
Permits for the collection of biological specimens 
----------------------- -------------------------- 
 
Q: What are the procedures for obtaining a permit to collect 
biological specimens?  Who issues these permits?  Are there 
general or specific terms and conditions that address the 
concept of mutually agreed terms on the use of these 
specimens and the sharing of benefits? 
 
A: See above for description of three different authorities. 
According to Philips, genetic resources research in Australia 
is still largely at the basic biodiversity level, with little 
move towards commercialization, and that has meant that 
general terms and conditions are preferred over extremely 
specific contracts, as little is known about samples before 
they are transferred for study. 
 
Movement of biological specimens 
-------------------------------- 
 
Q: What are the procedures, terms, and conditions for 
obtaining a permit to EXPORT non-CITES biological specimens 
(if any)? Who issues these permits? 
 
A:  DFAT is not aware of any specific regulations that govern 
specifically import or export of non-CITES biological 
specimens.  Import and export of specimens would be subject 
to Australian quarantine and customs regulations. 
 
Q: What are the procedures, terms, and conditions for 
obtaining a permit to IMPORT non-CITES biological specimens 
(if any)? Who issues these permits? 
 
A: See above. 
 
Q: Are there rules for internal shipment of specimens? 
 
A: No. 
 
Q: Are there additional phyto- or zoo-sanitary requirements 
and permits needed for movement of specimens? 
 
A: Australian quarantine and customs requirements are 
famously strict and rigorously enforced, for phyto- and 
Qfamously strict and rigorously enforced, for phyto- and 
zoo-sanitary reasons. 
 
 
CANBERRA 00000225  003 OF 004 
 
 
MAT 
--- 
 
Q: What are the relevant laws and procedures for negotiating 
mutually agreed terms for access to and/or use of genetic 
resources?  Which government agencies are responsible? 
 
A: Where not otherwise specified above, MATs would be subject 
to Australian Common Law.  The Nationally Consistent Approach 
for Access to and the Utilisation of Australia's Native 
Genetic and Biochemical Resources provides guidance that any 
MAT negotiated should "give consideration to Annex I and II" 
of the Bonn Guidelines, and provides for model MAT agreements 
to be developed by the GOA. 
 
Q: Do these agencies differentiate among uses for basic 
science, commercial development, and agricultural research? 
If so, how? 
 
A: Australia recognizes the importance of encouraging access 
for non-commercial scientific research, particularly 
taxonomic research.  To that end, the requirements for 
obtaining access to Commonwealth owned or managed genetic 
materials for non-commercial scientific research is more 
flexible and less involved than for commercial scientific 
research.  In place of an access and benefit-sharing 
agreement, the permit applicant is simply required to obtain 
written permission from the access provider of the resource 
to enter a Commonwealth area and remove samples. 
A straightforward statutory declaration must also be made 
which includes agreeing to certain obligations. These include 
accepting the obligation to negotiate a full benefit-sharing 
agreement should the purpose of research and development 
change, and to obtain permission from the access provider 
before passing the sample on to anyone else. 
 
Q: Do they require the disclosure of country of origin of 
genetic resources in patent applications that potentially 
might use those genetic resources as a condition for 
obtaining research, collecting, and/or export permits? 
 
A: No. 
 
Status of MAT and PIC in host country 
------------------------------------- 
 
Q: Are there coordinating processes (interagency groups, 
civil society forums, etc) for the development of MAT and PIC 
regulations, issues, and processes? 
 
A: The Biodiversity Working Group is an expert level body 
composed of Commonwealth and State officials, from all states 
and territories, which drafted the Nationally Consistent 
Approach for Access to and the Utilisation of Australia's 
Native Genetic and Biochemical Resources, and meets regularly 
to consider ABS and other biodiversity issues.  There is no 
federal agency with constitutional authority to override or 
coordinate the various statutory authorities. 
 
Q: Has the host country identified national authorities 
responsible for: 
 
-- Granting access to genetic resources? 
 
A: The national authority (which extends only to resources on 
commonwealth lands or waters) is the Director for Genetic 
Resources Management Policy at the Department of Environment, 
Water, Heritage and the Arts (DEWHA). 
 
-- Negotiating specific contracts for commercialization of 
genetic resources? 
 
A: The national authority (which extends only to resources on 
Commonwealth lands or waters) is the Director for Genetic 
Resources Management Policy at the Department of Environment, 
Water, Heritage and the Arts (DEWHA). 
 
-- Receiving financial benefits from ABS contracts (such as 
national, regional, or conservation trust funds)? 
 
A: The Regulations require financial benefits accrue to the 
managers of the resources, potentially including indigenous 
groups or environmental trusts.  Non-monetary benefits, in 
Qgroups or environmental trusts.  Non-monetary benefits, in 
terms of scientific information enhancing the global store of 
knowledge, is a key element in model ABS agreements in 
Australia. 
 
CANBERRA 00000225  004 OF 004 
 
 
 
Did the CBD focal point have this information readily 
available? 
------------------------------ 
--------------------------------- 
 
A: Australia has posted all relevant information, and links 
to state authorities, on their website at: 
www.environment.gov.au/biodiversity/index.htm l. 
 
Q: Does the host government have general information that it 
gives to foreign researchers seeking to obtain 
research/collecting/import/export permits?  If so, please 
provide copies. 
 
A: Copies of biodiversity regulations and model agreements 
are available at the 
www.environment.gov.au/biodiversity/index.htm l website. 
 
CLUNE