About the Biodiscovery Bill for WA
The WA Biodiscovery Bill (the Bill) will regulate biodiscovery activities carried out on WA biological resources and set out a framework for benefit sharing with the State when they are used for a commercial purpose.
Importantly, Aboriginal people will also share in the benefits when their Traditional Knowledge of a WA biological resource has been shared and will be used in a biodiscovery activity.
The Nagoya Protocol and the Bill
The WA Biodiscovery Bill will follow the principles in the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of benefits Arising from their Utilization (Nagoya Protocol).
The main principles of the Nagoya Protocol and how these apply 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 from the use of biological resources. |
| Recognition and protection of traditional knowledge: Any use of traditional knowledge that has been shared and will be used in a biodiscovery activity should be acknowledged, and the Custodians of Traditional Knowledge should share in the benefits if the research is carried out for a commercial purpose. |
