Traditional knowledge and biodiscovery

Commencement of the traditional knowledge code of practice

On 27 August 2021, the traditional knowledge code of practice commenced, assisting biodiscovery entities seeking to use traditional knowledge in biodiscovery to meet the traditional knowledge obligation under the Biodiscovery Act 2004.

In September 2020, the Biodiscovery and Other Legislation Amendment Act 2020 introduced protections for accessing and using First Nations peoples' traditional knowledge in biodiscovery with the inclusion of the traditional knowledge obligation. An example of using traditional knowledge in biodiscovery could be learning about the traditional medicinal uses of a plant from First Nations peoples, then using that knowledge to conduct research with a view to produce an anti-inflammatory cream.

These reforms reflect international developments since the Biodiscovery Act 2004 was first passed, particularly the Nagoya Protocol to the Convention on Biological Diversity.

Read about how the Nagoya Protocol is implemented in other countries on the Access and Benefit-Sharing Clearing-House.

Read more about the reforms to the Biodiscovery Act 2004.

Traditional knowledge obligation

The traditional knowledge obligation under the Biodiscovery Act 2004 requires that a biodiscovery entity takes all reasonable and practical measures to only use traditional knowledge in biodiscovery with the agreement of the custodian of the knowledge. In general, you must only use traditional knowledge with the free, prior and informed consent of custodians and mutual agreement on the terms of benefit sharing.

The traditional knowledge obligation applies to native biological material collected anywhere in Queensland. You are required to seek the custodians' agreement for use of their knowledge, even if the material you are collecting is not sourced from State land or Queensland waters.

If you are using traditional knowledge and collecting material from State land, you must enter into an agreement with the custodians of the knowledge as well as obtain the necessary Queensland Government approvals.

The state will not be involved in agreements for the use of traditional knowledge—they will be between the biodiscovery entity and the custodian of the knowledge.

Traditional knowledge code of practice

The traditional knowledge code of practice (PDF, 1.8MB) assists biodiscovery entities seeking to use traditional knowledge in biodiscovery to meet the traditional knowledge obligations under the Biodiscovery Act 2004.

The code describes the circumstances under which the traditional knowledge obligation applies and the minimum requirements for meeting the obligation. It includes practical steps for a biodiscovery entity to:

  • identify the custodians of the traditional knowledge
  • obtain consent from custodians to use this knowledge
  • and
  • establish benefit sharing agreements with custodians on mutually agreed terms.

You can meet the traditional knowledge obligation in another way, where an equivalent outcome to meeting the code is achieved.

Further information to support you to comply with the traditional knowledge obligation is available through the traditional knowledge guidelines (PDF, 734KB) and a capacity strengthening toolkit (PPTX, 10.4MB).

Read more about the code, the guidelines and the capacity strengthening toolkit for biodiscovery activities involving the use of traditional knowledge.

Contact

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