Implications of Indigenous Land Tenure Changes for Accessing Indigenous Genetic Resources from Northern Australia

Loading...
Thumbnail Image
File version

Version of Record (VoR)

Author(s)
Humphries, Fran
Robinson, Daniel F
Loban, Heron
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
2017
Size
File type(s)
Location
License
Abstract

Genetic resources contain DNA and other genetic material necessary to sustain biodiversity and ecosystem services. Australia’s biodiversity legislation regulates access to, and sharing the benefits of using, genetic resources. The Commonwealth government is considering its options for complying with obligations under the UN’s Nagoya Protocol, including to allow for indigenous communities’ prior informed consent for third parties accessing genetic resources over which they have “an established right to grant access”. Meanwhile, it is pursuing its policy to “reform” indigenous land tenure to attract more intense development in northern Australia – the home to the majority of Australia’s biodiversity. Using a Kakadu Plum example, and highlighting recent proposals for reform, this article analyses the connection between access and benefit sharing (ABS) and land tenure laws. It concludes that policymakers must consider the effects of land tenure “reform” on ABS frameworks to avoid undermining indigenous communities’ current and future rights of consent for accessing and using biological and genetic resources from their land and waters.

Journal Title

Environmental and Planning Law Journal

Conference Title
Book Title
Edition
Volume

34

Issue
Thesis Type
Degree Program
School
DOI
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement

© 2017 Thomson Reuters. This article was first published by Thomson Reuters in the Environmental and Planning Law Journal and should be cited as Humphries et al, Implications of Northern Land Tenure Changes for Accessing Indigenous Genetic Resources, (2017) EPLJ 560. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.

Item Access Status
Note
Access the data
Related item(s)
Subject

Environmental and resources law

Aboriginal and Torres Strait Islander peoples, society and community

Urban and regional planning

Aboriginal and Torres Strait Islander legislation

Aboriginal and Torres Strait Islander peoples and the law

Environmental management

Persistent link to this record
Citation
Collections