Submission on the Hawke Interim Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)

31 Pages Posted: 25 Jun 2010

See all articles by Sarah Holcombe

Sarah Holcombe

affiliation not provided to SSRN

Matthew Rimmer

Queensland University of Technology (QUT)

Terri Janke

affiliation not provided to SSRN

Date Written: August 1, 2009

Abstract

There are currently no regulatory mechanisms, laws or policies that specifically provide rights to Indigenous peoples over their Indigenous knowledge and intellectual property. We strongly recommend that the Commonwealth take the lead to ensure that national sui generis laws are developed (perhaps to operate initially in areas of Commonwealth jurisdiction, such as IPAs and national parks). The development of such laws should be in tandem with practical guidelines to assist their implementation. A comprehensive, nationally consistent scheme for access to genetic resources, which offers meaningful protection of traditional knowledge and substantive benefit-sharing with Indigenous communities, has to be developed. There are already a range of reports/resources that urge these same reforms and that we direct the Enquiry to them again; these include: the Voumard Report (2000) - especially Fourmile’s Appendix 10 - 'Indigenous Interests', and Terri Jankes 'Our Culture, Our Future' (1998).

Keywords: Australia’s Environment and Biodiversity Conservation Act 1999 (Cth), Indigenous knowledge, Declaration on the Rights of Indigenous Peoples, Intellectual Property

Suggested Citation

Holcombe, Sarah and Rimmer, Matthew and Janke, Terri, Submission on the Hawke Interim Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (August 1, 2009). ANU College of Law Research Paper No. 10-23. Available at SSRN: https://ssrn.com/abstract=1630063 or http://dx.doi.org/10.2139/ssrn.1630063

Sarah Holcombe (Contact Author)

affiliation not provided to SSRN

Matthew Rimmer

Queensland University of Technology (QUT) ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, Queensland QLD 4000
Australia

Terri Janke

affiliation not provided to SSRN

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