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Case Study: Collecting Plant Materials with Biodiscovery Potential

This case study draws on work undertaken by the Tropical Indigenous Ethnobotany Centre (TIEC) and highlights how cultural protocols, legislation, and research practice interact when collecting plant materials with biodiscovery potential.

Research on medicinal plants in Queensland requires custodial engagement, free, prior, and informed consent (FPIC), and benefit-sharing in accordance with international frameworks, legislation and applicable codes.

📌 Note: Under the Queensland Biodiscovery Act (2004) Traditional Knowledge is defined information based on Aboriginal tradition or Island custom. It includes traditions, observances, customs and beliefs relating to individual people, areas, objects or relationships.

Framework, Legislation, or Code Key Provisions/Context Application in Research
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) — Article 31 Affirms Indigenous peoples’ rights to maintain, control, protect, and develop cultural heritage, traditional knowledge (TK), cultural expressions, and associated intellectual property (including genetic resources, seeds, medicines, flora and fauna knowledge). Researchers and organisations must recognise that Indigenous peoples remain the custodians of their cultural heritage, knowledge and ICIP Rights with authority to decide how it may be accessed or used.
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (2014) Provides an international framework for biodiversity research. Researchers and organisations are required to obtain prior informed consent (PIC) and establish mutually agreed terms, including benefit-sharing for research involving TK associated with genetic resources.
Queensland Biodiscovery Act 2004 Regulates biodiscovery on native biological material; amended in 2020 to include a TK obligation. Aligns with the Nagoya Protocol and is supported by the Code and Guidelines. “Biodiscovery entities” must take all reasonable and practical measures to ensure that TK for biodiscovery is only used under agreement with the custodians of the knowledge.
Traditional Knowledge Code of Practice: Biodiscovery Act 2004Sets out six minimum measures for use of TK in biodiscovery: identify custodians, obtain FPIC, establish benefit-sharing, manage publicly accessible knowledge, enable post-commencement engagement and benefit sharing, and provide compliance evidence. Researchers must follow the Code to ensure ethical engagement, FPIC, and benefit-sharing. Biodiscovery entities undertaking non-commercial research may wish to follow the code voluntarily, to comply with the Nagoya Protocol (which is not limited to commercial uses) and enable future compliance with the Act should a potential commercial use involving the use of TK be identified later.
Traditional Knowledge Guidelines: Biodiscovery Act 2004 Provides practical guidance and best practice advice for meeting obligations under the Act and Code, including engaging with First Nations peoples in a culturally appropriate way. Researchers must comply with operational steps and engage with the “right people for right country.” Where possible, FCIP and a benefit-sharing agreement should be obtained prior to use of publicly accessible TK. There are separate guidelines that apply where custodians of publicly accessible TK cannot be identified.
Tropical Indigenous Ethnobotany Centre (TIEC) & Queensland/Australian Tropical Herbarium practices Specimens may be curated in permanent collections; TK is stored separately via Miromaa (not in the cloud); consent is formalised to ensure attribution to TOs and enable fair and equitable sharing of any benefits that arise. Researchers follow the Nagoya Protocol regarding consent and benefit-sharing and provide materials (e.g., reports, findings, specimen lists, maps, and images) back to custodians. They must acknowledge Traditional Owners in outputs. Access to TK is by negotiation with Traditional Owners only and is mediated by the Senior Ethnobotanist/Mbabaram TO

The Queensland Government (DETSI) website also lists a number of biodiscovery tools on their Traditional Knowledge and biodiscovery page:  https://environment.qld.gov.au/licences-permits/plants-animals/biodiscovery/traditional-knowledge
These are intended for voluntary use by First Nations people to support their engagement in biodiscovery.

Key Takeaways for Researchers:

  • Engage with custodians and identify the “right people for right country.”
  • Obtain FPIC and implement benefit-sharing agreements, even for publicly accessible knowledge.
  • Respect ICIP: ownership remains with custodians.
  • Follow all applicable frameworks, legislation, codes, and institutional protocols.
  • Report back to custodians and acknowledge Traditional Owners in outputs.
  • Recognise that Traditional Knowledge is dynamic — ongoing engagement is essential.