Synopsis
This Act implements the UN Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction in the UK.
The Act amended marine licensing and environmental impact assessment legislation to require potential impacts on marine areas outside national jurisdictions to be considered. The Act also aims to facilitate the fair sharing of benefits from marine genetic resources.
Summary
The Biodiversity Beyond National Jurisdiction Act 2026 implements the UN Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (the ‘BBNJ agreement’).
The majority of the Act came into force on 13 February 2026, with the remainder to be brought into force by future legislation.
Areas beyond national jurisdiction subject to the Act and convention are the high seas, i.e., areas that are outside exclusive economic zones of countries.
This legislation will apply across the UK.
What will change?
Marine licensing and Environmental Impact Assessments (EIAs)
The Marine and Coastal Access Act 2009, Marine Works (Environmental Impact Assessment) Regulations 2007, Marine (Scotland) Act 2010 and Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 are amended by the Act to:
Sections of the Act concerning EIAs will be brought into force by forthcoming regulations.
The Act also includes amendments to the Levelling-up and Regeneration Act 2023 with respect to Environmental Outcome Reports (EORs), a planned replacement for the EIA system.
Marine genetic resources
The BBNJ agreement aims to facilitate the fair sharing of benefits from marine genetic resources.
Where marine genetic resources are to be collected or used in an area beyond national jurisdiction, specified information must be passed onto the Secretary of State. Where utilisation is carried out, samples must be deposited in suitable repository and any digital sequence information must be recorded in a suitable database.
In most cases, information submitted to the Secretary of State shall be given to the clearing-house mechanism under the BBNJ agreement.
Rules are applied for UK repositories and databases of genetic resource sample and digital sequence information gathered under the BBNJ agreement.
The above obligations on marine genetic resources will be brought into force by future regulations.
Area-based management tools
The BBNJ agreement enables protected areas to be established on the high seas.
When the conference of parties under the BBNJ agreement makes a decision on area based management tools, including marine protected areas or similar measures, including measures in response to emergencies, the Secretary of State will implement these through regulations and put suitable enforcement measures in place.
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