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Application to conduct scientific research in Christmas Island National Park and Pulu Keeling National Park Christmas Island National Park +61 (08) 9164 8700 Fax +61 (08) 9164 8755 [email protected] PO Box 867, Christmas Island INDIAN OCEAN 6798 Pulu Keeling National Park +61 (08) 9162 6678 Fax +61 (08) 9162 6680 [email protected] PO Box 1043 Cocos (Keeling) Island INDIAN OCEAN 6799 Research in a Commonwealth reserve Christmas Island National Park (CINP) and Pulu Keeling National Park (PKNP) are Commonwealth reserves under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Internationally recognised for their unique ecosystems and wildlife, the reserves attract researchers from around the world. The reserves, surrounding land and waters are Commonwealth areas for the purposes of the EPBC Act. You will need a permit or approval to carry out scientific research in these Commonwealth reserves. Purpose of this application form This form can be used to apply for a permit to: conduct scientific research in these Commonwealth reserves take native biological material/specimens from a Commonwealth area conduct scientific research on a protected species on Christmas Island and Cocos (Keeling) Island territories outside of a Commonwealth reserve Do not use this form for research in: state/territory reserves or waters—contact the relevant state or territory government agency regarding their application requirements. Lodging your application Complete this application form and send the completed form (with all supporting documents) to the Natural Resources Manager at: Email: [email protected] Post: PO Box 867, Christmas Island, INDIAN OCEAN 6798 Fax: +61 (08) 9164 8755 Applications that are incomplete, contain insufficient information or are illegible cannot be assessed. If you need more space to address any of the questions please attach additional pages (with reference to the question number). Apply well in advance You will need to submit your application at least eight weeks before your research is proposed to start. If you have an existing research permit and need more than the permitted time to complete the research, you will need to reapply for another permit well before your permit expires. Please allow at least three months for applications to be assessed if your research involves listed EPBC species or protected species. More information on listed EPBC

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Application to conduct scientific research in Christmas Island National Park and Pulu Keeling National ParkChristmas Island National Park +61 (08) 9164 8700Fax +61 (08) 9164 8755 [email protected] PO Box 867, Christmas Island

INDIAN OCEAN 6798

Pulu Keeling National Park +61 (08) 9162 6678Fax +61 (08) 9162 6680 [email protected] PO Box 1043 Cocos (Keeling) Island

INDIAN OCEAN 6799

Research in a Commonwealth reserveChristmas Island National Park (CINP) and Pulu Keeling National Park (PKNP) are Commonwealth reserves under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Internationally recognised for their unique ecosystems and wildlife, the reserves attract researchers from around the world. The reserves, surrounding land and waters are Commonwealth areas for the purposes of the EPBC Act. You will need a permit or approval to carry out scientific research in these Commonwealth reserves.

Purpose of this application formThis form can be used to apply for a permit to:

conduct scientific research in these Commonwealth reserves take native biological material/specimens from a Commonwealth area conduct scientific research on a protected species on Christmas Island and Cocos (Keeling) Island

territories outside of a Commonwealth reserve

Do not use this form for research in: state/territory reserves or waters—contact the relevant state or territory government agency regarding

their application requirements.

Lodging your applicationComplete this application form and send the completed form (with all supporting documents) to the Natural Resources Manager at:

Email: [email protected]: PO Box 867, Christmas Island, INDIAN OCEAN 6798Fax: +61 (08) 9164 8755

Applications that are incomplete, contain insufficient information or are illegible cannot be assessed. If you need more space to address any of the questions please attach additional pages (with reference to the question number).

Apply well in advanceYou will need to submit your application at least eight weeks before your research is proposed to start. If you have an existing research permit and need more than the permitted time to complete the research, you will need to reapply for another permit well before your permit expires.

Please allow at least three months for applications to be assessed if your research involves listed EPBC species or protected species. More information on listed EPBC species can be found at: http://www.environment.gov.au/cgi-bin/sprat/public/sprat.pl . The groups listed as protected species under Schedule 12 can be found at: http://www.comlaw.gov.au/Details/F2013C00713/Html/Text#_Toc365628074

Conditions and reporting requirementsPlease ensure you and any research participants understand and will be able to meet your obligations under the permit. These are set out in the conditions, and in Part 3 and Part 5 of the application. We will contact you if further permit conditions need to be added following assessment of your application. Failure to abide by these conditions may lead to your permit being suspended or cancelled, or your approval being revoked, and may affect future applications. To conduct research in a Commonwealth reserve, you will also need to meet certain reporting requirements. Details of these requirements are outlined in Part 3 and Part 5 of this application.

Application assessment The assessment process for permit applications takes into account the following factors:

the reserve’s research and monitoring priorities. The research priorities for each reserve can be found in the park management plans at:www.environment.gov.au/resource/christmas-island-national-park-management-plan-2014-2024www.environment.gov.au/resource/management-plan-2004-pulu-keeling-national-park

the usefulness of the research to reserve management whether the activity threatens the conservation status of a species or ecological community whether the activity can reasonably be done outside the reserve the level of impact on the reserve’s natural and cultural sites and values the scientific merit of the activity the level of logistical, community and funding support required from the reserve ecological sustainability (where applicable)

Removal of native animals or plants from the wild must be ecologically sustainable (not threaten the species viability in the wild, or threaten rare, restricted or localised populations). Research involving the removal of native species will involve closer scrutiny than where collection of specimens is not required.

institutional ethics approval (where applicable)Animal Ethics Committee approval is required for any research involving death or any form of handling of vertebrate animals. Human and Behavioural Research Ethics Committee clearance is required for any research which may impact upon people. University based researchers will normally seek clearance through their University’s ethical approval procedures. Independent researchers must arrange to obtain comparable ethics approval.

Successful applicants are issued with either a permit or an approval, depending on the management arrangement for the reserve. Unless noted otherwise, the information on permits in this application is the same for approvals.

Work health and safetyThe Director of National Parks ('the Director') is committed to and has an obligation under the Work Health and Safety Act 2011 to provide and maintain a safe and healthy workplace for all of its employees and visitors. It is a permit condition that you take all reasonable steps to ensure the safety of your team when conducting research, and ensure that your activities do not adversely affect the health and safety of others. In the application you must specify measures you will take to minimise risks to safety, for example having protective equipment or an emergency plan. You must also attach a copy of your institutions’ safety procedures/risk assessment plan (if any) or complete and return the Risk assessment for remote fieldwork template provided by the reserve (if applicable).

Privacy noticeThe Director and the Department of the Environment (‘the Department’) are authorised to request personal information from permit applicants under Part 17 of the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations). The personal information that you provide will be used to assess your permit application and manage activities within reserves, including compliance with the EPBC Act and EPBC Regulations. If you do not provide the requested information your permit application cannot be assessed. DisclosureYour personal information may be disclosed to other Commonwealth (and in some circumstances, state and territory) government departments and agencies where it is required or authorised by or under law or where it is reasonably necessary for law enforcement.

If you are issued with a permit to access biological resources, the Department is required under Part 8A of the EPBC Regulations to publish a copy of your permit on a publicly accessible Register. The Register can be accessed at www.environment.gov.au/resource/list-permits-issued.

Privacy PolicyThe collection, storage, use and disclosure of personal information is governed by the Privacy Act 1988 (Cth) and, in particular, by the Australian Privacy Principles. The Director's Privacy Policy is available at www.environment.gov.au/node/35979 and the Department’s Privacy Policy is available at www.environment.gov.au/node/13271.The Privacy Policies detail how you can access and correct your personal information, and who to contact if you have a concern about your personal information.

Further informationIf you would like further information, you can find out more by:

visiting the Parks Australia website at: http://www.environment.gov.au/resource/researchers-4 emailing the Natural Resources Manager at: [email protected] calling the reserve on +61 (08) 9164 8700

CONDITIONS TO CARRY OUT SCIENTIFIC RESEARCH IN CHRISTMAS ISLAND NATIONAL PARK AND PULU KEELING NATIONAL PARK

InterpretationIn these conditions, unless the contrary intention appears:Act means the Environment Protection and Biodiversity Conservation Act 1999 and any Regulations, management plans and instruments made under it, and includes any Act that amends or replaces it.agreement means the agreement at Part 3 of this application.authorised participants means all persons, other than the permittee or the permittee’s staff, who take part in the permitted activity. Director means the Director of National Parks, and includes any statutory successor to the Director and the Director’s delegates.management plan means the management plan in operation from time to time for the park under the Act.media means individual or company, including their agents, representatives and employees, that publishes, broadcasts or otherwise engages in communications to an audience as part of their work.park means the named Commonwealth reserve(s) for which this permit is issued.park staff means persons employed by the Director and performing duties in relation to the park.permitted activity means the specified activity for which this permit is issued.permittee means each person (individual, company or other commercial entity) to whom this permit is issued and includes, where the context permits and the permittee’s staff.permittee’s staff means the permittee’s employees, contractors and other agents who take part in the permitted activity.ranger means a person appointed as a ranger under s392 of the Act.Regulations means the Environment Protection and Biodiversity Conservation Regulations 2000 and includes any Regulations that amend or replace them.warden means a person appointed as a warden under s392 of the Act.

In these conditions:The singular includes the plural and vice versa.Where a word or phrase is defined, other grammatical forms of that word or phrase have a corresponding meaning.Where one of the words ‘include’, ‘including’ or ‘includes’ is used, the words ‘without limitation’ are taken to immediately follow.Where the word ‘must’ imposes an obligation on a person to do or not do something, the obligation is taken to mean that the person must take all reasonable steps to do or not do the thing (ie steps that ought to be reasonable to a person who possesses the faculty of reason and engages in conduct in accordance with community standards).A reference to the permittee includes, where the context permits, the permittee’s staff and the authorised participants involved in the permitted activity.

[permit only] Note: The Director may vary or revoke these permit conditions, or impose new conditions, in accordance with r17.09 of the Regulations, and must do so where it is necessary to ensure that the matters or circumstances about which the Director is required to be satisfied when issuing the permit continue to apply.

General Permit Conditions (all activities)1. The permittee must not conduct the permitted activity

before the commencement date or after the expiry date shown on the permit.

2. The permittee must not conduct the permitted activity unless the permittee has signed and submitted the agreement with the park.

3. [permit only] This permit cannot be transferred to another person, except in accordance with regulation

17.11 of the Regulations.

[permit only] Note: If the permittee sells the business to which the permit relates, the permittee may apply to transfer the permit to the purchaser, in accordance with r17.11 of the Regulations, or the purchaser may apply for a new permit.

4. The permittee must comply with the EPBC Act, the EPBC Regulations, the management plan, these permit conditions, and any other signs, notices, information, guidelines, codes of conduct, protocols or directions issued by, or under the authority of, the Director relating to the park.

5. The permittee must comply with all Commonwealth, State or Territory laws relating to the permitted activity.

6. The permittee must hold all permits, licences and other authorities required by law for the conduct of the permitted activity.

7. The permittee must maintain relevant training, qualifications and experience to competently conduct the permitted activity.

8. The permittee must carry a copy of this permit and these conditions or keep a copy in the permittee’s transport (vehicle, vessel or aircraft) while conducting the permitted activity, and must produce it for inspection when requested by a ranger or warden.

9. The permittee must not, and must take all reasonable steps to ensure that the permittee’s staff and authorised participants do not, walk off track or use any road, track or area that is permanently, temporarily or seasonally closed or restricted by fences, gates or signs, unless specifically authorised by this or another permit.

10. The permittee must not, and must take all reasonable steps to ensure that the permittee’s staff and authorised participants do not:a) behave contrary to the Regulations or any warning

or regulatory signs; orb) pick fruits, flowers or branches, or otherwise

damage any native plants; orc) interfere with, feed, handle or disturb any native

animal, or damage or disturb a nest or dwelling place of a native animal; or

d) touch or interfere with any rock art, sacred site or cultural artefact; or

e) impede public access to any part of the park.

Notes: This permit does not give the permittee any rights to the exclusive use, enjoyment or occupancy of any area of the park unless specifically authorised by this permit.

11. The permittee must notify the Director, in writing, within 7 days if:a) the permittee sells any business to which the

permit relates to another person or group, or for any other reason ceases to conduct the permitted activity; or

b) the permittee is a company and there is a change in the owner(s) of the majority of issued shares in the company.

12. If the permittee is a company or other incorporated body the permittee must not, without the approval of the Director, have as a director or office holder a

Application for a permit to conduct scientific research in a Commonwealth reserve Page 3 of 16

person who has been convicted1 of an offence2 against the Act or the Regulations within the previous 10 years.

13. The permittee must not, without the approval of the Director, use directly in the conduct of the activity to which this permit relates the services of any person (eg driver or tour guide) who has within the previous 10 years been convicted of an offence against the Act or the Regulations prior to the grant of the permit.

Note: The Director may keep a register of persons who have been convicted of such an offence or who have been the subject of a request by the Director for a permittee to cease using their services within the park.

14. If any of the permittee’s staff contravene these permit conditions the Director may:a) notify the permittee of the contravention; and b) direct the permittee to cease using the services of

that person within the park for a specified time, and the permittee must forthwith comply with that request.

Note: In this situation the Director will give written notice to that member of the permittee’s staff of the decision, stating that he or she may apply to the Director to reconsider the decision and that, subject to the Administrative Appeals Tribunal Act 1975, he or she may subsequently apply to the Administrative Appeals Tribunal for review of the reconsideration.

15. The permittee must ensure that the permittee’s staff and authorised participants are fully informed of and understand these permit conditions before they commence taking part in the permitted activity.

16. The permittee must ensure that the permittee's staff are appropriately trained and/or accredited for any activity they conduct in the park.

17. The permittee must ensure that appropriate risk management systems, strategies and procedures are in place to minimise foreseeable risks to the permittee’s staff, authorised participants, other members of the public and the environment and heritage values of the park, and must produce evidence of such systems, strategies and procedures upon request by the Director.

Note: Suitable templates for risk management systems are available from Parks Australia. They represent the minimum acceptable standard for a risk management system. Permittees are encouraged to develop more detailed risk management systems.

18. The permittee is responsible for the safety, well being and behaviour of the permittee’s staff and authorised participants, and must take all reasonably practicable steps to ensure that no person is exposed to risks to their health or safety whilst in the park.

19. If the permittee or any of the authorised participants is killed, injured, becomes ill, goes missing or is involved in a dangerous incident while in the park, a member of park staff must be notified as soon as possible and the permittee and the authorised participant must comply with any requests or directions from a member of park staff in relation to the safety of that person or any other person.

1

A person is taken to have been convicted of an offence if, within five years, the person has been charged with, and found guilty of, the offence but discharged without conviction or has not been found guilty of the offence, but a court has taken the offence into account in passing sentence on the person for another offence. Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

2 Such an offence includes, for an offence under such a law, section 6 of the Crimes Act 1914 or sections 11.1, 11.4 or 11.5 of the Criminal Code (which deal with being an accessory after the fact, attempting to commit offences, inciting to or urging the commission of offences by other people and conspiring to commit offences) or an equivalent provision of a law of a State or Territory.

Note: In this condition “dangerous incident” means an incident that exposes a person to a serious risk to their health or safety

20. The permittee must ensure that its supervision of authorised participants is reasonable in the circumstances of the authorised participants’ differing levels of fitness, experience and abilities.

21. The permittee must carry, and must ensure that each authorised participant carries, sufficient potable water for the conduct of the permitted activity.

Note: The Director recommends that, in hot weather, people carry and drink one litre of water for every hour they will be active.

22. The permittee will make good any damage to the park, to the extent that the damage was caused or contributed to by the conduct of the permitted activity or a breach of the permit conditions by the permittee.

Scientific Research Conditions23. The permittee must take all reasonable steps to

minimise the permitted activity’s impact on the environment.

24. The permitted activity is to be conducted out of the view of the general public where possible.

25. The permittee must notify the Director as soon as possible after receiving any request for media comment about the permitted activity. The permittee must consult the Director prior to issuing any comment to the media regarding the permitted activity.

26. The permittee must take all reasonable steps to clean vehicles and other transport used in the conduct of the permitted activity, before entering or moving around the park, if they have been off sealed or graded roads, to ensure they do not spread weed seeds or pathogens in the park.

27. The permittee must ensure that all traps, nets and any other devices used for capturing and securing animals, and any devices that are to be attached to animals, are thoroughly cleaned, and free of any pathogens that may cause disease, before they are brought into the park or moved between areas within the park.

28. The permittee must not enter areas to which entry is prohibited or restricted under the EPBC Regulations, unless specifically authorised by this permit or another permit to do so.

29. If the permitted activity involves taking whole or part of any organisms, the permittee must record the name of each type of organism, location, date and quantity taken at each location.

30. The permittee must ensure that any vessel used in the conduct of the permitted activity is registered, has appropriate safety equipment on board at all times, suitable for the conduct of the permitted activity, and is operated and maintained in accordance with all relevant and applicable Commonwealth, State and Territory laws, and must, if requested by the Director, provide copies of all relevant certificates and other documents evidencing compliance with this condition.

31. The permittee must ensure that all waste materials and chemical substances relating to the permitted activity are placed in appropriate containers designed to fully confine material, removed from the park and disposed in an environmentally responsible manner.

32. The permittee must not discharge into the environment any fuels, fuel-tainted bilge water, chemical wastes from treatment or cleaning of the vessel(s) or any other substance that is likely to adversely affect the environment.

33. The permittee must not use a vessel with anti-fouling

Application for a permit to conduct scientific research in a Commonwealth reserve Page 4 of 16

that contains tributyltin compounds.34. The permittee will ensure compliance with instructions

issued from time to time by the Director regulating boat speed on waters within the permitted areas of operations and any measures to be taken to avoid or minimise environmental damage.

Christmas Island National Park Conditions35. On each visit to the park and prior to conducting the

permitted activity, the permittee must provide the park with details of all vehicles and persons participating in the permitted activity during that visit and any further details the Director may reasonably request.

36. An Emergency Position Indicating Radio Beacon (EPIRB) or similar personal locating device and satellite phone must be carried when the permittee is in a remote area of the park.

37. If the permitted activity is conducted in the sea, or in a remote area of the park, the permittee must hold a current first aid qualification, the minimum standard for which is “Provide First Aid HLTAID003” or equivalent, and have completed a relevant safety risk assessment prior to commencing the permitted activity.

38. For the purposes of evaluating the permitted activity, the permittee must, subject to availability and reasonable notice, allow a park staff to accompany the permittee at no cost to the Director.

39. The permittee must not conduct any recreational activities (including surfing, diving and fishing) in any part of the park unless specifically authorised by this permit or another permit to do so.

Pulu Keeling National Park Conditions40. On each visit to the park and prior to conducting the

permitted activity, the permittee must provide the park with details of all vehicles and persons participating in the permitted activity during that visit and any further details the Director may reasonably request.

41. An Emergency Position Indicating Radio Beacon (EPIRB) or similar personal locating device and satellite phone must be carried when the permittee is in a remote area of the park.

42. If the permitted activity is conducted in the sea, or in a remote area of the park, the permittee must hold a current first aid qualification, the minimum standard for which is “Provide First Aid HLTAID003” or equivalent, and have completed a relevant safety risk assessment prior to commencing the permitted activity.

43. The permittee must not conduct any recreational activities (including surfing, diving and fishing) in any part of the park unless specifically authorised by this permit or another permit to do so.

44. The permittee must be accompanied by a member of park staff at all times.

45. The permittee and all authorised participants must not attempt to go ashore unless they are able to swim 100 metres in surf conditions (ie sea conditions with waves up to 2 metres in height).

46. FURTHER CONDITIONS MAY BE ADDED BY THE DIRECTOR IN WRITING.

Application for a permit to conduct scientific research in a Commonwealth reserve Page 5 of 16

Part 1 — Details of proposed permit holderThe Director of National Parks is authorised to collect the personal information requested in this form under the Environment Protection and Biodiversity Conservation Regulations 2000. This information is used to assess permit applications and manage activities within Commonwealth reserves. A full Privacy Notice, the Director's Privacy Policy and details on who to contact if you have a concern about your personal information are available at www.environment.gov.au/node/35979.

1. 2. Details of proposed the permit holder If the proposed research is carried out on behalf of a university or company, the permit holder should be the university or company. The permit holder must be an individual, a company or another incorporated body. For additional permit holders, please attach details on a separate sheet.

University Individual Company Other: (please specify):      

Name of permit holder:      

Business/Trading name:      

Department      

Telephone:       Facsimile:      

ABN or ACN:       Email:      

Business address:      

If a company, please list the full name of each of the directors of the company

     

3. 4. Full name and contact details of person completing the application (if different to Question 1)Full name:       Telephone:      

Position:       Mobile:      

Business/Institution:       Email:      

Postal address:      

5. 6. Full name and contact details of primary researchersResearcher 1 (Principal Investigator, Scientist or Project Manager)

Full name:       Telephone:      

Position:       Mobile:      

Business/Institution:       Email:      

Postal address:      

Researcher 2 (if required)

Full name:       Telephone:      

Position:       Mobile:      

Business/Institution:       Email:      

Postal address:      

7. 8. Provide the name and contact details of an emergency contactFull name:       Telephone:      

Email:       Mobile:      

9. 10. Provide details of two referees who can verify your qualifications and research experienceReferee 1

Full name:       Telephone:      

Position:       Mobile:      

Business/Institution:       Email:      

Postal address:      

Referee 2

Full name:       Telephone:      

Position:       Mobile:      

Business/Institution:       Email:      

Application for a permit to conduct scientific research in a Commonwealth Reserve Page 6 of 16

Postal address:      

Part 2 — Details of proposed scientific research11.12. What is the title of the proposed research project?

     

13.14. Have you previously held a permit for the proposed research in this reserve? Yes No

If yes, what was the reserve permit number?      

(a) Have you submitted all reports and information required under the previous permit? Yes No

(b) Is this application for a permit to replace an existing permit? Yes No

If yes to (b), Is this proposed research exactly the same as the existing permit? Yes No

If you answered Yes to all of the questions above, complete only Questions 1 to 13, Part 3 Agreement, Part 4 Declaration; and Part 5 Statutory Declaration (if applicable) and submit with a copy of your original application.If you answered No to any of these questions, please complete the entire form.

15.16. When is the research proposed to start and to end?Start date:       End date:      

17.18. If multiple field trips are proposed state the number and duration of field tripsNumber and duration of field trips:      

Dates of field trips (if known):

Start date:       End date:      

Start date:       End date:      

Start date:       End date:      

19.20. What is your satellite phone number? (if applicable)      

21.22. Details of each person who will enter the Commonwealth reserve to carry out the proposed researchResearcher 1 – Full name:       Telephone:      

Position/Institution:       Email:      

Qualifications/experience      

Researcher 2 – Full name:       Telephone:      

Position/Institution:       Email:      

Qualifications/experience      

Researcher 3 – Full name:       Telephone:      

Position/Institution:       Email:      

Qualifications/experience      

24. Details of any transport to be used within the reserveIf you plan to use a hire vehicle or vessel, please advise details before entering the reserve. If using aircraft, please give full details of landing locations and times:      

Vehicle or aircraft Type/Make

Model/Year Registration Owner Carrying Capacity

Colour

                                   

                                   

                                   

If using a vessel, please give full details below:

Vessel Type and Name Distinguishing Symbol and ID

Vessel Monitoring

System (VMS)

Owner Carrying Capacity

Sewage Holding Capacity

            Yes             Yes

            Yes             Yes

Application for a permit to conduct scientific research in a Commonwealth reserve Page 7 of 16

            Yes             Yes

26. Describe the location(s) of the proposed researchPlease attach a map identifying the proposed research site(s), together with geographic coordinates. Contact the reserve for specific map requirements.

Location 1:       Coordinates (latitude/longitude):      

Location 2:       Coordinates (latitude/longitude):      

Location 3:       Coordinates (latitude/longitude):      

28. What are the objectives and key research questions of the proposed research?Address the reserve’s priorities outlined in the management plan, where applicable. Please attach a research proposal (if applicable).

     

30. Provide justification for the research project to be undertaken in the reserve Explain what is significant about the proposed research and reasons why the research will be undertaken in the reserve rather than in other locations. Address the priorities in the reserve’s management plan, where applicable.

     

32. Outline the proposed research methods in plain EnglishProvide a detailed summary of the methods to be used for the proposed research including techniques, equipment and sampling effort.

     

33.34. Details of any species to be the subject of the proposed researchCommon name of

species or ecological community

Scientific name of species

Category(ies)/ Conservation status (use key

below)

Estimated number that

will be affected(1)

Type of effect

(use key below)

Quantity of samples collected

(amount/ volume/number)

Example: Christmas Island Flying Fox

Pteropus melanotus natalis 1 / EN 5 individuals HA and OB No biological

specimens taken

                                   

                                   

                                   

                                   

                                   

                                   

To determine whether a species is listed under the EPBC Act refer to the Species Profile and Threats Database, which can be found on the Department of Environment’s internet site at: http://www.environment.gov.au/cgi-bin/sprat/public/sprat.pl .

(1) For ecological communities provide an estimate of the area which will be affected.Key to categories, conservation status and type of effect for listed species or ecological communities:

Category Conservation status under the EPBC Act Type of effect

Application for a permit to conduct scientific research in a Commonwealth reserve Page 8 of 16

1. Listed Threatened Species2. Listed Threatened Ecological

Community3. Listed Migratory4. Listed Marine5. Native species in a

Commonwealth reserve6. Not listed

EW. Extinct in the wild CE. Critically endangered EN. Endangered VU. Vulnerable CD. Conservation dependentNA. No status allocated

DE. DeathIN. InjuringTR. TradingTA. Taking (includes taking

specimens and samples of biological material)

KE. Keeping (in captivity)HA. Handling, moving DN. Damage to nest or dwelling placeOB. Observation

36. What measures will be taken to minimise the impacts of the proposed research on listed or native species and/or the reserve?

Provide details of specific measures that will used to minimise impacts on individual species, populations or ecosystems.

     

38. Will the proposed research: threaten the conservation status of a listed species or ecological community? Yes No

adversely impact any cultural site or its values? Yes No

If yes, please describe these impacts

     

40. If chemicals will be used in the reserve, how will you manage their use and removal from the reserve?

List the chemicals to be used and details of specific measures to minimise the chemicals’ impact on the reserve.

     

42. How will you comply with the EPBC Regulations and minimise impact on the reserve? I will ensure I know the relevant EPBC regulations and permit conditions.

I will explain these rules to those helping me conduct the proposed research.

I will remain on roads and marked tracks except as described in this application.

I will look out for animals on the road.

I will not interfere with cultural or historic sites.

I will not feed or interfere with plants or animals except as described in this application.

I will thoroughly clean my vehicles, vessels and equipment before moving around the reserve.

I will dispose of food scraps, liquids and other waste responsibly.

I will manage risks to minimise impacts.

I will have contingency plans for emergencies or impacts that may begin to occur.

Other—please provide details:

     

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44. Will the proposed research involve any of the following activities? Camping Filming and photography Off road driving

Bringing plants or animals into the reserve

Using traps and nets etc (other than proposed in the application)

Activities in water

If yes, please provide details.

     

46. What measures will be taken to minimise risks to safety?Provide details of specific measures and attach a copy of your institutions’ safety procedures/risk assessment plan (if any). In remote areas you may need to complete and return the risk assessment template provided by the reserve.

     

48. Will you need assistance from reserve staff? Yes No

If yes, please provide details.

     

50. What other approvals, permits or licences related to the proposed research have been sought or obtained?

For example, animal ethics committee approval, other government approvals or research synopsis. List and attach a copy.

     

52. List the expected outcomes of the proposed researchThis may include management recommendations, reports and/or publications that are expected to follow from this research.

     

54. What are the likely benefits of this research to the reserve and/or target species?     

56. Will the proposed research use any Indigenous people’s knowledge? Yes No

If yes, outline the proposed use of knowledge. Include details of agreements (if any) surrounding such uses and attach a copy of the agreements.

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58. Does the proposed research involve the collection of biological material/specimens from native species?

Biological material includes, for example, all specimens of native plants or animals (whole individuals or parts), microbes, tissue samples, blood and feather samples.

Yes Complete Questions 30 to 33 and ensure Part 3, Part 4 and Part 5 (Statutory Declaration) are signed and witnessed.

A separate permit will be issued under Part 8A of the EPBC Regulations (to access biological resources from Commonwealth areas). The Department is required under Part 8A of the EPBC Regulations to publish a copy of your permit on a publicly accessible Register. The Register can be accessed at www.environment.gov.au/resource/list-permits-issued.

No Go to Part 3. Ensure Part 3 (Agreement) and Part 4 (Declaration) are signed and witnessed. You do not need to complete Questions 30 to 33 or Part 5 (Statutory Declaration).

60. What is the purpose of the proposed research on the biological material/specimens?

The research is for non-commercial purposes

The research is for commercial or potentially commercial purposes (You will need to enter into an access and benefit-sharing agreement. Please email [email protected] for further information).

62. What will the biological materials/specimens be used for?For example, genetic analysis, biodiscovery, taxonomic purposes or ecological research.

     

64. List the Australian public institution(s) where you propose to offer samplesYou must offer duplicate samples of biological material collected to an Australian public institution that is a repository of taxonomic specimens of the same order or genus as those collected, for permanent loan. For specimens of any newly described species, you must take all reasonable steps to lodge a specimen with an Australian museum or herbarium of the state or territory in which the species was found, or with an Australian museum or herbarium that is the leading authority on the genus. Refer to the Guide to offering samples located at: www.environment.gov.au/topics/science-and-research/australias-biological-resources/permits .

     

66. Do you wish to seek permission to provide the samples to a third party? Yes No

If yes, please list the name, organisation and contact details of the third party. Transfer of biological material to third parties must be made under terms equivalent to those outlined in Part 5 – Statutory declaration.

Third Party 1

Full name:      

Position:       Telephone:      

Business/Institution:       Email:      

Postal address:      

Third Party 2

Full name:      

Application for a permit to conduct scientific research in a Commonwealth reserve Page 11 of 16

Position:       Telephone:      

Business/Institution:       Email:      

Postal address:      

Part 3 — Agreement

WITNESS as follows: THIS DEED, made the       day of      , 20  

In consideration of the research permit or approval issued, the holder of the permit or approval (‘researcher’) agrees to:a) release the Commonwealth of Australia, the Director of National Parks and their servants and agents from all and any

claims which the researcher might at any time hereafter have or have had against the Commonwealth of Australia, the Director of National Parks and their servants and agents and in respect of any injury, loss or damage which may be suffered by the researcher in the course of the activities authorised by the permit or approval (‘research activities’);

b) indemnify and keep indemnified the Commonwealth of Australia, the Director of National Parks and their servants and agents (‘the indemnified parties’) against all actions, proceedings, claims or demands brought against the indemnified parties in respect of any injury, loss or damage arising out of:

i. a breach of the permit or approval conditions by the researcher or the researcher’s staff; orii. an act or omission involving fault on the part of the researcher or the researcher’s staff in carrying out

the research activities;except to the extent that any act or omission involving fault on the part of the indemnified parties contributed to the relevant liability, loss or damage; and

c) comply with the permit or approval conditions, and take all reasonable steps to ensure the researcher’s staff comply with these conditions at all times;

d) notify the Director of National Parks (‘the Director’) as soon as possible after receiving any request for media comment about the research activities; and consult the Director prior to issuing any comment to the media regarding the research activities;

e) when using any information or material owned by the Director, obtain approval from the Director before using or disclosing any data owned by the Director to a third party;

f) if taking organisms (whole or part of), provide to the Director a list of all specimens taken in the course of the permit or approval, including the name of the organism, location, date and quantity of each specimen taken at each location as soon as possible, and no later than one (1) month after the date of expiry of the permit or approval to which this Agreement relates. The Director will only use the information provided in this clause for purposes relating to the Director’s legal and regulatory functions and may be published on a publicly accessible register;

g) if taking native species (whole or part of), offer duplicate samples of biological material collected to an Australian public institution that is a repository of taxonomic specimens of the same order or genus as those collected, for permanent loan. For any newly described species, the researcher agrees to take all reasonable steps to lodge a specimen with an Australian museum or herbarium of the state or territory in which the species was found, or with an Australian museum or herbarium that is the leading authority on the genus;

h) in publications arising from the research activities, identify all permit and approvals issued under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) for the research activities, acknowledge any assistance received from Parks Australia staff and traditional owners (as appropriate), and include a disclaimer stating that the views expressed in the publication do not necessarily represent the views of the Director or the Australian Government;

i) provide to the Director a copy of: i. any draft publication arising from the research activities, including scientific papers in journals, book chapters,

conference papers or technical reports, before submitting the paper for publication; andii. all publications and unpublished reports including management and research recommendations, arising from

the research activities within one (1) month of the report’s publication or finalisation.j) provide to the Director, in electronic format and hard copy, an accurate report on the research activities, including a brief

plain English summary suitable for distribution to park staff and interested members of the public:i. within 3 months after the date of expiry of the permit to which this Agreement relates; andii. if the permit is issued for a period greater than 12 month, on each anniversary of the permit’s

commencement.

A copy of this agreement is to be signed by each proposed holder of the permit or approval in Question 1 or, if the proposed holder is a company or other incorporated body, by its duly authorised officer.

Name of proposed holder

Signature Date

This agreement is signed in the presence of a witness aged 18 years or older:

Name of witness

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Signature Date

Part 4 — Declaration

I, , a person to whom this permit or approval is to be issued,DECLARE THAT the information in this application is correct to the best of my knowledge AND that I have read and understand all of the standard conditions enclosed AND that none of the proposed permit or approval holders have been convicted1 of, or is presently subject to proceedings for, an offence under:

a) the EPBC Act or Regulations; or

b) another law of the Commonwealth or a State or Territory about the protection, conservation or management of native species or ecological communities; or

c) section 62 of the Crimes Act 1914 or sections 11.1. 11.4 or 11.53 of the Criminal Code, in relation to an offence under a law mentioned in a) or b) above; or

d) a provision of a law of a State or Territory that is equivalent to a provision mentioned in c) above.

If you cannot make this declaration because a proposed permit or approval holder has been convicted of, or is subject to proceedings for, a relevant type of offence, please contact the reserve for further advice. These matters do not exclude a permit or approval from being issued but can be taken into account.

1 Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them. The applicant is taken to have been convicted of an offence if, within five years before the application is made, the applicant:

a) has been charged with, and found guilty of, the offence but discharged without conviction; or b) has not been found guilty of the offence, but a court has taken the offence into account in passing sentence on the applicant for

another offence.2 Section 6 of the Crimes Act 1914 deals with being an accessory after the fact.3 Sections 11.1, 11.4 and 11.5 of the Criminal Code deal with attempts to commit offences, inciting to or urging the commission of

offences by other people and conspiracy to commit offences.

Name of person to whom the permit or approval is to be issued

Signature Date

This declaration is signed in the presence of a witness aged 18 years or older:

Name of witness

Signature Date

In order to assist us in developing more efficient permit administration, please provide an estimate of the time taken to complete this form, including the time spent by the applicant and any other persons in reading the application form, collecting the information and answering the questions:

   hours    minutes

OFFICE USE ONLYPermit reference number

Receipt date

Permits required Part 12 – Commonwealth reserve permit or approval

Part 13 approval – listed EPBC species, including Cetaceans ([email protected])

Part 8A permit – taking biological resources ([email protected])

Part 13A – import /export permit([email protected])

Application for a permit to conduct scientific research in a Commonwealth reserve Page 13 of 16

Part 9 permit – protected species from external territories ([email protected])

CINP only – approval for research in areas outside of CINP boundary (Contact: Dept of Infrastructure and Regional Development)

Part 5 — Statutory Declaration(Complete only if you proposing to collect native biological material in a Commonwealth area – Part 8A permit applies)

Commonwealth of Australia

STATUTORY DECLARATIONStatutory Declarations Act 1959

1 Insert the name, address and occupation of person making the declaration

1I, [Insert the name, address and occupation of person making the declaration]make the following declaration under the Statutory Declarations Act 1959:

2 Set out matter declared to in numbered paragraphs

2That in relation to the application by [insert proponent institution/company and name/s of principle researchers] for access to biological resources under Part 8A of the Environmental Protection and Biodiversity Regulations 2000 entitled [insert title of proposed research] for [insert proposed action]:

a) I am authorised to make this declaration for and on behalf of [insert proponent/s institution/company] (referred to as ‘the applicant for the permit’); and

b) the applicant for the permit does not intend to use the biological resources, to which the proposed action relates, for commercial purposes; and

c) the applicant for the permit undertakes to give a written report on the results of any research on the biological resources to each access provider; and

d) the applicant for the permit undertakes to offer, on behalf of each access provider, a taxonomic duplicate of each sample taken to an Australian public institution that is a repository of taxonomic specimens of the same order or genus as those collected for permanent loan; and

e) the applicant for the permit undertakes not to give the sample to any person, other than the institution mentioned in paragraph (d) above, without permission of each access provider; and

f) the applicant for the permit undertakes not to carry out, or allow others to carry out, research or development for commercial purposes on any genetic resources or biochemical compounds comprising or contained in the biological resources unless a benefit-sharing agreement has been entered into with each access provider.

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

3 Signature of person making the declaration

3

4 Place5 Day6 Month and year

Declared at 4 on 5 of 6

Before me,

7 Signature of person before whom the declaration is made (see over)

7

8 Full name, qualification and address of person before whom the declaration is made (in printed letters)

8

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Note 1 A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years — see section 11 of the Statutory Declarations Act 1959.

Note 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 — see section 5A of the Statutory Declarations Act 1959.

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A statutory declaration under the Statutory Declarations Act 1959 may be made before–

(1) a person who is currently licensed or registered under a law to practise in one of the following occupations:Chiropractor Dentist Legal practitioner

Medical practitioner Nurse OptometristPatent attorney Pharmacist Physiotherapist

Psychologist Trademarks attorney Veterinary surgeon

(2) a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described); or

(3) a person who is in the following list:Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public

Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)Bailiff

Bank officer with 5 or more continuous years of serviceBuilding society officer with 5 or more years of continuous service

Chief executive officer of a Commonwealth courtClerk of a court

Commissioner for AffidavitsCommissioner for Declarations

Credit union officer with 5 or more years of continuous serviceEmployee of the Australian Trade Commission who is:

(a) in a country or place outside Australia; and(b) authorised under paragraph 3 (d) of the Consular Fees Act 1955; and

(c) exercising his or her function in that placeEmployee of the Commonwealth who is:

(a) in a country or place outside Australia; and(b) authorised under paragraph 3 (c) of the Consular Fees Act 1955; and

(c) exercising his or her function in that placeFellow of the National Tax Accountants’ Association

Finance company officer with 5 or more years of continuous serviceHolder of a statutory office not specified in another item in this list

Judge of a courtJustice of the Peace

MagistrateMarriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961Master of a courtMember of Chartered Secretaries Australia

Member of Engineers Australia, other than at the grade of studentMember of the Association of Taxation and Management Accountants

Member of the Australasian Institute of Mining and MetallurgyMember of the Australian Defence Force who is:

(a) an officer; or(b) a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or

(c) a warrant officer within the meaning of that ActMember of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of

AccountantsMember of:

(a) the Parliament of the Commonwealth; or(b) the Parliament of a State; or

(c) a Territory legislature; or(d) a local government authority of a State or Territory

Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961Notary public

Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public

Permanent employee of:(a) the Commonwealth or a Commonwealth authority; or

(b) a State or Territory or a State or Territory authority; or(c) a local government authority;

with 5 or more years of continuous service who is not specified in another item in this listPerson before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made

Police officerRegistrar, or Deputy Registrar, of a court

Senior Executive Service employee of:(a) the Commonwealth or a Commonwealth authority; or

(b) a State or Territory or a State or Territory authoritySheriff

Sheriff’s officerTeacher employed on a full-time basis at a school or tertiary education institution

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