Biodiversity Beyond National Jurisdiction Bill

A Bill to make provision for and in connection with the implementation by the United Kingdom of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.

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This is the latest version of the Bill

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10 Sep 2025
Commons: Committee
Bill 302 2024-26 (as introduced)
(3 amendments)

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Bill 302 2024-26 (as introduced)
Latest Amendments
Notices of Amendments as at 11 November 2025
Explanatory Note
Bill 302 EN 2024-26 (as introduced)
Impact Assessment
Area-Based Management Tools and Environmental Impact Assessment measures

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Page 1

Part 1

 

Introduction

 
1
The Agreement
 
 
(1)
In this Act, “the Agreement” means the Agreement under the United Nations
 
 
Convention on the Law of the Sea on the Conservation and Sustainable Use
5
 
of Marine Biological Diversity of Areas Beyond National Jurisdiction, opened
 
 
for signature at New York on 20 September 2023.
 
 
(2)
For the purposes of this Act, the following terms have the meanings that they
 
 
have in the Agreement (see Article 1)—
 
 
“areas beyond national jurisdiction” , and
10
 
“marine genetic resources” .
 

Part 2

 

Marine genetic resources

 

Provision of information

 
2
Collection
15
 
(1)
This section applies in relation to a project (a “collection project”) in which a
 
 
UK craft is used to collect marine genetic resources in an area beyond national
 
 
jurisdiction.
 

Page 2

 
(2)
The relevant person in relation to the collection project must ensure that no
 
 
marine genetic resources are collected for the purposes of the project unless—
 
 
(a)
the information described in paragraphs (a) to (j) of Article 12(2) of
 
 
the Agreement (pre-collection information) has been given to the
 
 
Secretary of State, and
5
 
(b)
subject to subsection (3) , a period of at least 7 months has passed,
 
 
beginning with the day (or the last day) on which that information
 
 
was given to the Secretary of State.
 
 
(3)
The Secretary of State may, by notice in writing given to the relevant person,
 
 
reduce the period mentioned in subsection (2) (b) where the Secretary of State
10
 
considers that there is a compelling reason for marine genetic resources to
 
 
be collected as part of the project despite less than 7 months having passed
 
 
since the information was given to the Secretary of State.
 
 
(4)
The relevant person must ensure that the information described in paragraphs
 
 
(a) to (d) of Article 12(5) of the Agreement (post-collection information) is
15
 
given to the Secretary of State—
 
 
(a)
as soon as it is all available, and
 
 
(b)
in any case, before the end of the period of 11 months beginning with
 
 
the last day on which marine genetic resources are collected in an area
 
 
beyond national jurisdiction as part of the project.
20
 
(5)
In this section—
 
 
“collect” , in relation to marine genetic resources, means collecting or
 
 
sampling such resources other than incidentally when carrying out an
 
 
activity for another purpose;
 
 
“the relevant person” , in relation to a collection project, is the individual
25
 
with principal responsibility for the scientific or technical aspects of
 
 
the project so far as it concerns marine genetic resources.
 
3
Utilisation
 
 
(1)
This section applies in relation to a project (a “utilisation project”) involving
 
 
the utilisation in the United Kingdom of—
30
 
(a)
marine genetic resources of areas beyond national jurisdiction, or
 
 
(b)
digital sequence information on such resources.
 
 
(2)
The person who controls the utilisation project (“the relevant person”) must
 
 
ensure that information is given to the Secretary of State in accordance with
 
 
the Schedule.
35
 
(3)
The relevant person must ensure that samples of any marine genetic resources
 
 
the utilisation of which falls within subsection (1) (a) are deposited in a suitable
 
 
repository.
 
 
(4)
The relevant person must ensure that any digital sequence information the
 
 
utilisation of which falls within subsection (1) (b) is recorded in a suitable
40
 
database.
 

Page 3

 
(5)
The relevant person must comply with subsection (3) or (4) within the period
 
 
of 3 years beginning with the day on which the utilisation project begins.
 
 
(6)
The relevant person must ensure that the deposited samples are, or the
 
 
recorded information is, identifiable by reference to any Article 12(3) identifier
 
 
relating to the marine genetic resources concerned.
5
 
(7)
Repositories and databases are “suitable” if they are—
 
 
(a)
publicly accessible, and
 
 
(b)
operated, in any part of the world, in accordance with current
 
 
international practice.
 
4
Onward disclosure
10
 
(1)
This section applies to information given to the Secretary of State as mentioned
 
 
in section 2 or 3 .
 
 
(2)
The Secretary of State may give the information to the Clearing-House
 
 
Mechanism established under Article 51 of the Agreement.
 
 
(3)
But the Secretary of State may not give the information where—
15
 
(a)
it is protected information within the meaning given by section 1(2)
 
 
of the National Security Act 2023, or
 
 
(b)
in the opinion of the Secretary of State, the Agreement does not require
 
 
it to be given (see Article 51(6)).
 

Sharing of benefits

20
5
Repositories
 
 
(1)
This section applies in relation to a repository in the United Kingdom in
 
 
which samples of marine genetic resources of areas beyond national
 
 
jurisdiction are stored.
 
 
(2)
The person who controls the repository must—
25
 
(a)
so far as reasonably practicable, ensure that the samples—
 
 
(i)
can be identified, in accordance with current international
 
 
practice, as originating from areas beyond national jurisdiction,
 
 
and
 
 
(ii)
in particular, can be identified by reference to any Article 12(3)
30
 
identifier relating to the marine genetic resources concerned,
 
 
(b)
provide access to the samples for the purposes of their utilisation by
 
 
another person (subject to section 7 (1) ), and
 
 
(c)
for each relevant 2-year period (see section 7 (2) ), give the Secretary of
 
 
State a report stating, so far as reasonably practicable, the number of
35
 
times access to the samples has been provided under paragraph (b) .
 
 
(3)
A report under subsection (2) (c) must identify the samples by reference to
 
 
any Article 12(3) identifier relating to the marine genetic resources concerned.
 

Page 4

6
Databases
 
 
(1)
This section applies in relation to a UK database in which digital sequence
 
 
information (“DSI”) on marine genetic resources of areas beyond national
 
 
jurisdiction is stored.
 
 
(2)
A “UK database” is a database that is—
5
 
(a)
controlled by a person in the United Kingdom, and
 
 
(b)
accessible by members of the public.
 
 
(3)
The person who controls the UK database must—
 
 
(a)
so far as reasonably practicable, ensure that the DSI—
 
 
(i)
can be identified, in accordance with current international
10
 
practice, as relating to marine genetic resources of areas beyond
 
 
national jurisdiction, and
 
 
(ii)
in particular, can be identified by reference to any Article 12(3)
 
 
identifier relating to the marine genetic resources concerned,
 
 
(b)
provide access to the DSI (subject to section 7 (1) ), and
15
 
(c)
for each relevant 2-year period (see section 7 (2) ), give the Secretary of
 
 
State a report stating the number of times the DSI has been viewed
 
 
or downloaded.
 
 
(4)
A report under subsection (3) (c) must identify the DSI by reference to any
 
 
Article 12(3) identifier relating to the marine genetic resources concerned.
20
 
(5)
For the purposes of this section, the person who controls a database is in the
 
 
United Kingdom if—
 
 
(a)
in the case of an individual, the individual is habitually resident in
 
 
the United Kingdom, and
 
 
(b)
in any other case, the person is incorporated or formed under the law
25
 
of any part of the United Kingdom.
 
7
Supplementary provision
 
 
(1)
Access provided under section 5 (2) (b) or 6 (3) (b) may be made subject to
 
 
conditions consistent with paragraphs (a) to (d) of Article 14(4) of the
 
 
Agreement (factors that may affect access).
30
 
(2)
For the purposes of sections 5 (2) (c) and 6 (3) (c) , a “relevant 2-year period” is—
 
 
(a)
the period of 2 years beginning with the day on which—
 
 
(i)
the Agreement enters into force in accordance with Article
 
 
68(1), or
 
 
(ii)
if later, the Agreement enters into force for the United Kingdom
35
 
in accordance with Article 68(2), and
 
 
(b)
each subsequent period of 2 years.
 
 
(3)
A report under section 5 (2) (c) or 6 (3) (c) must be given to the Secretary of
 
 
State—
 
 
(a)
before the end of the period of 2 months beginning with the day
40
 
immediately after the relevant 2-year period in question, or
 

Page 5

 
(b)
by such other time as the Secretary of State may, by directions given
 
 
to the person required to give the report, specify for the purposes of
 
 
complying with any timetable set by the access and benefit-sharing
 
 
committee established under Article 15 of the Agreement.
 
 
(4)
Directions under subsection (3) (b) may be general or specific.
5

Miscellaneous

 
8
Exceptions
 
 
(1)
Nothing in this Part applies in relation to—
 
 
(a)
the use of a UK craft for fishing—
 
 
(i)
in accordance with a licence issued under section 15(1) of the
10
 
Fisheries Act 2020, or
 
 
(ii)
where such a licence is not required as a result of section 14(2)
 
 
of that Act;
 
 
(b)
anything that is done in accordance with the joint fisheries statement,
 
 
or any document or plan issued by the fisheries policy authorities or
15
 
the Marine Management Organisation for the purposes of the Fisheries
 
 
Act 2020, to give effect to the scientific evidence objective within the
 
 
meaning given by section 1(5) of that Act (including the utilisation,
 
 
to give effect to that objective, of fish or other living marine resources
 
 
known to have been taken in fishing and fishing-related activities in
20
 
areas beyond national jurisdiction);
 
 
(c)
a warship, military aircraft or naval auxiliary, within the meaning of
 
 
Article 4 of the Agreement;
 
 
(d)
anything done in the course of military activities, within the meaning
 
 
of Article 10(3) of the Agreement;
25
 
(e)
anything done in Antarctica;
 
 
(f)
marine genetic resources of Antarctica (including digital sequence
 
 
information on such resources).
 
 
(2)
In subsection (1) —
 
 
“Antarctica” has the meaning given by section 1 of the Antarctic Act
30
 
1994;
 
 
“the fisheries policy authorities” has the meaning given by section 52 of
 
 
the Fisheries Act 2020;
 
 
“joint fisheries statement” means any joint fisheries statement published
 
 
from time to time under section 2 of that Act.
35
9
Power to make regulations
 
 
(1)
The Secretary of State may by regulations make provision within subsection
 
 
(2) for the purposes of implementing the United Kingdom’s obligations under
 
 
Part 2 of the Agreement (marine genetic resources, including the fair and
 
 
equitable sharing of benefits).
40
 
(2)
The provision that may be made is provision—
 

Page 6

 
(a)
to ensure that the United Kingdom complies with Part 2 of the
 
 
Agreement in a way that is consistent with Article 5(2) of the
 
 
Agreement (interaction between the Agreement and other instruments
 
 
etc) so far as it applies to the United Kingdom in relation to any other
 
 
international agreement or arrangement to which the United Kingdom
5
 
is a party;
 
 
(b)
to enable or facilitate the implementation of a decision of the
 
 
Conference of the Parties under Article 14(7) of the Agreement (sharing
 
 
of monetary benefits), including by imposing requirements—
 
 
(i)
to disclose information relevant to the calculation of any
10
 
payment required by the decision,
 
 
(ii)
to make payments required by the decision, or
 
 
(iii)
to make payments for the purpose of enabling the Secretary of State
 
 
or another person to make payments required by the decision;
 
 
(c)
making any changes to this Part that are necessary in consequence of
15
 
any determination that may be made by the Conference of the Parties
 
 
in accordance with Article 51(2) of the Agreement about the operation
 
 
of the Clearing-House Mechanism established by Article 51(1) of the
 
 
Agreement;
 
 
(d)
to limit the application of this Part in accordance with Article 51(6) of
20
 
the Agreement (protection from disclosure);
 
 
(e)
to secure that no person is required to comply both with a provision
 
 
of or under this Part (“the domestic provision”) and with a
 
 
corresponding provision of the law of another State that is a party to
 
 
the Agreement;
25
 
(f)
about the enforcement of requirements imposed by or under this Part.
 
 
(3)
In subsection (2) (e) , a “corresponding provision” is a provision that has
 
 
substantially the same effect as the domestic provision.
 
 
(4)
Regulations under this section may make provision within subsection (2) that
 
 
applies in areas beyond national jurisdiction or otherwise outside the United
30
 
Kingdom.
 
 
(5)
Regulations made in reliance on subsection (2) (f) may include provision—
 
 
(a)
for a civil sanction to be imposed in relation to a failure to comply
 
 
with requirements imposed by or under this Part,
 
 
(b)
for an undertaking given by a person to be enforceable as if it were
35
 
a requirement imposed by or under this Part,
 
 
(c)
about monitoring compliance with requirements imposed by or under
 
 
this Part,
 
 
(d)
about requirements for the making and keeping of records and
 
 
documents, or
40
 
(e)
about requirements to provide information.
 
 
(6)
Regulations under this section may amend or otherwise modify this Part
 
 
(apart from this section) and section 20 .
 

Page 7

 
(7)
The consequential provision that may be made by regulations under this
 
 
section in reliance on section 22 (2) (b) includes provision amending or repealing
 
 
a provision of an Act of Parliament whenever passed (as well as provision
 
 
made under such an Act).
 
 
(8)
Regulations under this section that include provision—
5
 
(a)
amending or repealing a provision of an Act of Parliament,
 
 
(b)
made in reliance on subsection (2) (b) , or
 
 
(c)
creating a civil sanction or varying the maximum amount of any
 
 
monetary penalty,
 
 
are subject to the draft affirmative procedure.
10
 
(9)
Any other regulations under this section are subject to the negative procedure.
 
10
Guidance
 
 
(1)
The Secretary of State must publish guidance about the requirements imposed
 
 
by or under this Part.
 
 
(2)
The Secretary of State—
15
 
(a)
must keep the guidance under review,
 
 
(b)
may from time to time revise the guidance, and
 
 
(c)
must publish any revised guidance.
 
 
(3)
When preparing guidance to be published under this section, the Secretary
 
 
of State must have regard to the importance of giving effect to the Agreement.
20
 
(4)
The Secretary of State must lay any guidance (including any revised guidance)
 
 
published under this section before Parliament.
 

Part 3

 

Area-based management tools

 
11
Power to make regulations
25
 
(1)
This section applies where the Conference of the Parties takes a decision
 
 
under—
 
 
(a)
Article 22(1)(a) of the Agreement (decisions on the establishment of
 
 
area-based management tools, including marine protected areas, and
 
 
related measures),
30
 
(b)
Article 22(1)(b) of the Agreement (decisions on measures compatible
 
 
with other legal instruments and frameworks, and certain other
 
 
matters), or
 
 
(c)
Article 24(1) of the Agreement (decisions to adopt measures to be
 
 
applied on an emergency basis).
35
 
(2)
The Secretary of State may by regulations make such provision as the Secretary
 
 
of State considers appropriate for the purpose of meeting the obligation of
 
 
the United Kingdom under Article 25(1) of the Agreement (implementing
 

Page 8

 
duty of states with respect to activities under their jurisdiction or control) as
 
 
it applies in relation to the decision.
 
 
(3)
Regulations under this section may, among other things, make provision—
 
 
(a)
that applies in areas beyond national jurisdiction or otherwise outside
 
 
the United Kingdom;
5
 
(b)
about enforcement;
 
 
(c)
for the charging of fees in relation to the carrying out of functions under the
 
 
regulations (including enforcement functions);
 
 
(d)
by reference to other documents as issued or having effect from time
 
 
to time.
10
 
(4)
The provision that may be made in reliance on subsection (3) (b) includes
 
 
provision—
 
 
(a)
creating a civil sanction or a criminal offence in relation to a failure
 
 
to comply with requirements imposed by or under the regulations,
 
 
(b)
for an undertaking given by a person to be enforceable as if it were
15
 
a requirement imposed by or under the regulations,
 
 
(c)
about monitoring compliance with requirements imposed by or under
 
 
the regulations,
 
 
(d)
about requirements for the making and keeping of records and
 
 
documents,
20
 
(e)
about requirements to provide information,
 
 
(f)
about the detention of a UK craft, and
 
 
(g)
corresponding or similar to, or applying (with or without modification),
 
 
any provision of Part 10 of the Merchant Shipping Act 1995
 
 
(enforcement officers and powers) or Part 8 of the Marine and Coastal
25
 
Access Act 2009 (enforcement).
 
 
(5)
Regulations creating a criminal offence may not provide—
 
 
(a)
for an offence under the regulations to be punishable on summary
 
 
conviction with imprisonment;
 
 
(b)
in relation to Scotland or Northern Ireland—
30
 
(i)
for an offence under the regulations that is triable only
 
 
summarily to be punishable by a fine exceeding level 5 on the
 
 
standard scale;
 
 
(ii)
for an offence under the regulations that is triable summarily
 
 
or on indictment to be punishable on summary conviction by
35
 
a fine exceeding the statutory maximum;
 
 
(c)
for an offence under the regulations to be punishable on conviction
 
 
on indictment with imprisonment for a term exceeding 2 years.
 
 
(6)
The consequential provision that may be made by regulations under this
 
 
section in reliance on section 22 (2) (b) includes provision amending or repealing
40
 
a provision of an Act of Parliament whenever passed (as well as provision
 
 
made under such an Act).
 

Page 9

12
Procedure for regulations under
 
 
(1)
Subject to subsection (3) , regulations under section 11 that contain provision—
 
 
(a)
amending or repealing a provision of an Act of Parliament,
 
 
(b)
creating a civil sanction or varying the maximum amount of any
 
 
monetary penalty, or
5
 
(c)
creating a criminal offence,
 
 
are subject to the draft affirmative procedure.
 
 
(2)
Subsection (3) applies where the provision within subsection (1) of this section
 
 
relates to a decision under Article 24(1) of the Agreement.
 
 
(3)
Where the Secretary of State considers that the regulations need to be made
10
 
urgently in order to give effect to the measure to which they relate, the
 
 
regulations are subject to the made affirmative procedure.
 
 
(4)
Any other regulations under section 11 are subject to the negative procedure.
 
13
Directions
 
 
(1)
This section applies where the Conference of the Parties takes a decision
15
 
under Article 24 of the Agreement (decisions to adopt measures to be applied
 
 
on an emergency basis).
 
 
(2)
The Secretary of State may by directions impose such requirements in respect
 
 
of a UK craft as the Secretary of State considers appropriate for the purpose
 
 
of meeting the obligation of the United Kingdom under Article 25(1) of the
20
 
Agreement (implementing duty of states with respect to activities under their
 
 
jurisdiction or control) as it applies in relation to the decision.
 
 
(3)
A direction under this section must be—
 
 
(a)
given in writing to the person or persons to whom it applies, or
 
 
(b)
where it is not reasonably practicable to give it in writing, must be—
25
 
(i)
read out to that person or those persons, and
 
 
(ii)
confirmed in writing as soon as is reasonably possible.
 
 
(4)
A direction under this section must be laid before Parliament.
 
 
(5)
The Secretary of State may vary (by further direction) or revoke a direction
 
 
under this section.
30
 
(6)
A direction under this section (if it has not already been revoked) ceases to
 
 
have effect upon the termination of the measure adopted under Article 24 of
 
 
the Agreement to which it relates.
 
 
(7)
A person commits an offence if the person fails, without reasonable excuse,
 
 
to comply with a direction given to them under this section.
35
 
(8)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction—
 
 
(i)
in England and Wales, to a fine;
 

Page 10

 
(ii)
in Scotland or Northern Ireland, to a fine not exceeding the
 
 
statutory maximum;
 
 
(b)
on conviction on indictment to imprisonment for a term not exceeding
 
 
2 years or a fine (or both).
 
 
(9)
Proceedings for an offence under this section that is committed outside the
5
 
United Kingdom may be taken, and the offence may for all incidental purposes
 
 
be treated as having been committed, at any place in the United Kingdom.
 

Part 4

 

Marine licensing etc

 

Marine licensing under the Marine and Coastal Access Act 2009

10
14
Licensable marine activities
 
 
(1)
In the Marine and Coastal Access Act 2009, Part 4 (marine licensing) is
 
 
amended as follows.
 
 
(2)
In section 66 (licensable marine activities), after subsection (3) (power to add
 
 
or remove licensable marine activities) insert—
15
 
“(3A)
An order under subsection (3) that adds an activity may designate the
 
 
activity as activity added in contemplation of the United Kingdom’s
 
 
obligations—
 
 
(a)
under Part 3 of the Biodiversity Beyond National Jurisdiction
 
 
Agreement (area-based management tools), or
20
 
(b)
in respect of an activity that takes place in an area beyond
 
 
national jurisdiction, under Part 4 of that Agreement
 
 
(environmental impact assessments).
 
 
(3B)
Where an order contains provision within subsection (3A) , the related
 
 
provision that may be made in the order in reliance on section 316(1)(b)
25
 
(consequential etc provision) includes provision amending primary or
 
 
secondary legislation whenever passed or made.
 
 
(3C)
In subsection (3A) —
 
 
“area beyond national jurisdiction” has the meaning that it has
 
 
in the Biodiversity Beyond National Jurisdiction Agreement
30
 
(see Article 1);
 
 
“the Biodiversity Beyond National Jurisdiction Agreement” means
 
 
the Agreement under the United Nations Convention on the
 
 
Law of the Sea on the Conservation and Sustainable Use of
 
 
Marine Biological Diversity of Areas Beyond National
35
 
Jurisdiction, opened for signature at New York on 20 September
 
 
2023.”
 

Page 11

 
(3)
In section 74 (exemptions to requirements for marine licences), after subsection
 
 
(4) insert—
 
 
“(4A)
Where an order under this section applies to activity designated under
 
 
section 66 (3A) , the related provision that may be made in the order
 
 
in reliance on section 316(1)(b) (consequential etc provision) includes
5
 
provision amending primary or secondary legislation whenever passed
 
 
or made.”
 
 
(4)
In section 81 (submarine cables)—
 
 
(a)
in subsection (1), at the end insert “, subject to subsection (5A)”;
 
 
(b)
after subsection (5) insert—
10
 
“(5A)
This section does not prevent the application of this Part in
 
 
relation to activity designated under section 66 (3A) .”
 
15
Screening and procedure
 
 
(1)
The Marine Works (Environmental Impact Assessment) Regulations 2007 (S.I.
 
 
2007/1518) are amended as follows.
15
 
(2)
In regulation 2 (interpretation)—
 
 
(a)
in paragraph (1), after the definition of “appropriate authority” insert—
 
 
““area beyond national jurisdiction” has the meaning given by
 
 
Article 1(2) of the Biodiversity Beyond National Jurisdiction
 
 
Agreement;
20
 
“BBNJ activity” means a regulated activity—
 
 
(a)
that engages the United Kingdom’s obligations under
 
 
Part 4 of the Biodiversity Beyond National Jurisdiction
 
 
Agreement (environmental impact assessments) in respect
 
 
of an activity in an area beyond national jurisdiction,
25
 
and
 
 
(b)
for which a marine licence, or a variation of a marine
 
 
licence, under Part 4 of the 2009 Act is required;
 
 
“the Biodiversity Beyond National Jurisdiction Agreement” means
 
 
the Agreement under the United Nations Convention on the
30
 
Law of the Sea on the Conservation and Sustainable Use of
 
 
Marine Biological Diversity of Areas Beyond National
 
 
Jurisdiction, opened for signature at New York on 20 September
 
 
2023;”;
 
 
(b)
in paragraph (1), in the definition of “regulated activity”, at the end
35
 
insert “(see also paragraph (1ZA) )”;
 
 
(c)
after paragraph (1) insert—
 
 
“(1ZA)
Where the requirement for a marine licence, or variation of
 
 
a marine licence, under Part 4 of the 2009 Act for an activity in an
 
 
area beyond national jurisdiction depends on the application of these
40
 
Regulations (including the doing or not doing of anything under these
 
 
Regulations), these Regulations have effect as if such a licence or
 

Page 12

 
variation were required unless and until the application of these
 
 
Regulations produces a different result.”
 
 
(3)
In regulation 6 (requirement for environmental impact assessment by
 
 
determination), for “or 8” substitute “, 8 or 8A”.
 
 
(4)
After regulation 8 insert—
5
 
“Determination: areas beyond national jurisdiction
 
 
8A.
(1)
The appropriate authority must determine that an environmental
 
 
impact assessment is required in relation to a BBNJ activity if the authority
 
 
concludes that there are reasonable grounds for believing that the activity
 
 
may cause—
10
 
(a)
substantial pollution of, or
 
 
(b)
significant and harmful changes to,
 
 
the marine environment.
 
 
(2)
In considering whether or not there are such reasonable grounds, the
 
 
appropriate authority must have regard to—
15
 
(a)
the criteria set out in Schedule 1, and
 
 
(b)
any other matter necessary to give effect to Article 30(1)(b) of the
 
 
Biodiversity Beyond National Jurisdiction Agreement.
 
 
(3)
Terms used in paragraph (1) (a) and (b) have the same meaning that they
 
 
have in the Biodiversity Beyond National Jurisdiction Agreement (see in
20
 
particular Article 30(1)(b)).
 
 
(4)
This regulation is subject to regulations 9 and 9A.”
 
 
(5)
In regulation 10 (exceptions)—
 
 
(a)
after paragraph (1) insert—
 
 
“(1A)
An appropriate authority may determine that an environmental
25
 
impact assessment is not required under regulation 8A in relation to
 
 
a BBNJ activity if it is satisfied that another person has carried out, is
 
 
carrying out or will carry out an equivalent assessment in relation to
 
 
the activity.
 
 
(1B)
For the purposes of paragraph (1A) , an assessment is an
30
 
equivalent assessment if it is sufficient to meet the requirements of
 
 
Part 4 of the Biodiversity Beyond National Jurisdiction Agreement.”;
 
 
(b)
in paragraph (2), after “(1)” insert “or (1A)”;
 
 
(c)
in paragraph (4), at the beginning insert “In a case to which paragraph
 
 
(1) applies,”;
35
 
(d)
after paragraph (4) insert—
 
 
“(4ZA)
In a case to which paragraph (1A) applies, the regulator must
 
 
not grant regulatory approval unless it has determined that to do so
 
 
would be compatible with the United Kingdom’s obligations under
 
 
Part 4 of the Biodiversity Beyond National Jurisdiction Agreement.”;
40

Page 13

 
(e)
in paragraph (4A)—
 
 
(i)
in the words before sub-paragraph (a), after “(1)(b)” insert “or,
 
 
as the case may be, the other person’s assessment referred to
 
 
in paragraph (1A) ”;
 
 
(ii)
in sub-paragraph (b), after “authority” insert “or person”;
5
 
(iii)
in sub-paragraph (d), after “authority” insert “or person”;
 
 
(iv)
in sub-paragraph (e), after “authority” insert “or person”;
 
 
(f)
in paragraph (4B), after “authority’s”, in both places, insert “or
 
 
person’s”;
 
 
(g)
in paragraph (4C)(b), after “authority’s decision” insert “or person’s
10
 
assessment”;
 
 
(h)
in paragraph (4E)(a), after “authority’s” insert “or person’s”;
 
 
(i)
in paragraph (4F)(c), after “authority” insert “or person”;
 
 
(j)
in paragraph (4F)(d), after “authority” insert “or person”.
 
 
(6)
In regulation 11 (screening opinions)—
15
 
(a)
in paragraph (3), for “or 8” insert “, 8 or 8A”;
 
 
(b)
after paragraph (3) insert—
 
 
“(3A)
The regulator must decide that a BBNJ activity may be an
 
 
activity in relation to which an environmental impact assessment is
 
 
required under regulation 8A if the regulator considers that—
20
 
(a)
the activity may have more than a minor or transitory effect
 
 
on the marine environment, or
 
 
(b)
the effects of the activity are unknown or poorly understood.
 
 
(3B)
Where the regulator decides that paragraph (3A) does not apply
 
 
in respect of a BBNJ activity, the regulator must give the applicant a
25
 
notice stating that the activity does not require an environmental
 
 
impact assessment.
 
 
(3C)
Terms used in paragraph (3A) (a) and (b) have the same meaning
 
 
that they have in the Biodiversity Beyond National Jurisdiction
 
 
Agreement (see in particular Article 30(1)).”
30
 
(7)
In regulation 21A (conclusion about environmental impact), in paragraph
 
 
(1)—
 
 
(a)
omit the “and” at the end of sub-paragraph (e);
 
 
(b)
at the end of sub-paragraph “(f)” insert “; and
 
 
“(g)
in relation to a regulated activity for which an environmental
35
 
impact assessment is required under regulation 8A, any other
 
 
matter necessary to give effect to Article 31(1)(b) and (c) of
 
 
the Biodiversity Beyond National Jurisdiction Agreement.”
 
 
(8)
In Schedule 2 (screening opinions), in paragraph 4A (giving a screening
 
 
opinion)—
40
 
(a)
the existing words become sub-paragraph (1);
 

Page 14

 
(b)
after that sub-paragraph insert—
 
 
“(2)
A screening opinion given in relation to a BBNJ activity must
 
 
include provision stating—
 
 
(a)
whether or not the regulator considers that an
 
 
environmental impact assessment is required under
5
 
regulation 8A in relation to the activity, and
 
 
(b)
in a case where the regulator considers that an
 
 
environmental impact assessment is not required
 
 
under regulation 8A in relation to the activity,
 
 
whether the regulator considers that—
10
 
(i)
the activity may have more than a minor or
 
 
transitory effect on the marine environment,
 
 
or
 
 
(ii)
the effects of the activity are unknown or
 
 
poorly understood.
15
 
(3)
Terms used in sub-paragraph (2) (b) (i) or (ii) have the same
 
 
meaning that they have in the Biodiversity Beyond National
 
 
Jurisdiction Agreement (see in particular Article 30(1)).”
 
 
(9)
In Schedule 3 (information to be included in an environmental statement)—
 
 
(a)
after paragraph 9 insert—
20
 
“9A
In relation to a BBNJ activity, any other information that is
 
 
necessary to enable the appropriate authority to give effect
 
 
to Article 31(1)(c) of the Biodiversity Beyond National
 
 
Jurisdiction Agreement.”;
 
 
(b)
in paragraph 10, for “9” substitute “9A”.
25
16
Power to make regulations: Secretary of State
 
 
(1)
The Secretary of State may by regulations make such provision in relation to
 
 
a licensable marine activity as the Secretary of State considers appropriate
 
 
for the purpose of implementing any Article 38 standards or guidelines.
 
 
(2)
In subsection (1) —
30
 
“Article 38 standards or guidelines” means standards or guidelines that
 
 
may be adopted by the Conference of the Parties from time to time
 
 
as mentioned in Article 38 of the Agreement;
 
 
“licensable marine activity” means an activity within section 66(1) of the
 
 
Marine and Coastal Access Act 2009 (as that section has effect from
35
 
time to time).
 
 
(3)
Regulations under this section may, among other things, amend or otherwise
 
 
modify Part 4 of the Marine and Coastal Access Act 2009 (marine licensing).
 
 
(4)
The consequential provision that may be made by regulations under this
 
 
section in reliance on section 22 (2) (b) includes provision amending or repealing
40
 
a provision of an Act of Parliament whenever passed (as well as provision
 
 
made under such an Act).
 

Page 15

 
(5)
Regulations under this section that amend or repeal a provision of Act of
 
 
Parliament are subject to the draft affirmative procedure.
 
 
(6)
Any other regulations under this section are subject to the negative procedure.
 

Marine licensing under the Marine (Scotland) Act 2010

 
17
Licensable marine activities
5
 
(1)
In the Marine (Scotland) Act 2010 (asp 5), Part 4 (marine licensing) is amended
 
 
as follows.
 
 
(2)
In section 21 (licensable marine activities), after subsection (3) (power to add
 
 
or remove licensable marine activities) insert—
 
 
“(3A)
An order under subsection (3) that adds an activity may designate the
10
 
activity as activity added in contemplation of the United Kingdom’s
 
 
obligations—
 
 
(a)
under Part 3 of the Biodiversity Beyond National Jurisdiction
 
 
Agreement (area-based management tools), or
 
 
(b)
in respect of an activity that takes place in an area beyond
15
 
national jurisdiction, under Part 4 of that Agreement
 
 
(environmental impact assessments).
 
 
(3B)
Where an order contains provision within subsection (3A) , the related
 
 
provision that may be made in the order in reliance on section 165(1)(b)
 
 
(consequential etc provision) includes provision amending an enactment
20
 
(whenever passed or made).
 
 
(3C)
In subsection (3A) —
 
 
“area beyond national jurisdiction” has the meaning that it has
 
 
in the Biodiversity Beyond National Jurisdiction Agreement
 
 
(see Article 1);
25
 
“the Biodiversity Beyond National Jurisdiction Agreement” means
 
 
the Agreement under the United Nations Convention on the
 
 
Law of the Sea on the Conservation and Sustainable Use of
 
 
Marine Biological Diversity of Areas Beyond National
 
 
Jurisdiction, opened for signature at New York on 20 September
30
 
2023.”
 
 
(3)
In section 32 (exemptions to requirements for marine licences), after subsection
 
 
(4) insert—
 
 
“(4A)
Where an order under this section applies to activity designated under
 
 
section 21(3A), the related provision that may be made in the order
35
 
in reliance on section 165(1)(b) (consequential etc provision) includes
 
 
provision amending an enactment (whenever passed or made).”
 
 
(4)
In section 37 (submarine cables)—
 
 
(a)
in subsection (1), at the end insert “, subject to subsection (5A)”;
 

Page 16

 
(b)
after subsection (5) insert—
 
 
“(5A)
This section does not prevent the application of this Part in
 
 
relation to activity designated under section 21(3A).”
 
18
Power to make regulations: Scottish Ministers
 
 
(1)
The Scottish Ministers may by regulations make provision that—
5
 
(a)
relates to a Scottish licensable marine activity,
 
 
(b)
the Scottish Ministers consider appropriate for the purpose of
 
 
implementing the United Kingdom’s obligations under Part 4 of the
 
 
Agreement, including any Article 38 standards or guidelines, in respect
 
 
of an activity in an area beyond national jurisdiction, and
10
 
(c)
would be within the legislative competence of the Scottish Parliament
 
 
if it were contained in an Act of that Parliament.
 
 
(2)
In subsection (1) —
 
 
“Article 38 standards or guidelines” means standards or guidelines that
 
 
may be adopted by the Conference of the Parties from time to time
15
 
as mentioned in Article 38 of the Agreement;
 
 
“Scottish licensable marine activity” means an activity within section 21
 
 
of the Marine (Scotland) Act 2010 (asp 5) (as that section has effect
 
 
from time to time).
 
 
(3)
Where regulations under this section contain provision that is made for the
20
 
purpose of implementing the United Kingdom’s obligations under any Article
 
 
38 standards or guidelines, that provision may amend or otherwise modify
 
 
Part 4 of the Marine (Scotland) Act 2010 (marine licensing).
 
 
(4)
Regulations under this section may—
 
 
(a)
confer a function (including a discretion) on any person;
25
 
(b)
make different provision for different purposes or for different areas;
 
 
(c)
make consequential, supplementary, incidental, transitional, transitory
 
 
or saving provision.
 
 
(5)
The consequential provision that may be made by regulations in reliance on
 
 
subsection (4) (c) includes provision amending an enactment within the
30
 
meaning given by Schedule 1 to the Interpretation and Legislative Reform
 
 
(Scotland) Act 2010 (asp 10) (whenever passed or made).
 
 
(6)
Regulations under this section that contain provision amending an Act of
 
 
Parliament or an Act of the Scottish Parliament (whether alone or with other
 
 
provision) are subject to the affirmative procedure (see section 29 of that Act).
35
 
(7)
Any other regulations under this section are subject to the negative procedure
 
 
(see section 28 of that Act).
 

Page 17

Environmental outcome reports

 
19
Amendments to the Levelling-up and Regeneration Act 2023
 
 
In the Levelling-up and Regeneration Act 2023, in Part 6 (environmental
 
 
outcomes reports), section 154 (power to define “relevant consent” and
 
 
“relevant plan” etc) is amended as follows—
5
 
(a)
in subsection (9), for “or a relevant offshore area” substitute “, a
 
 
relevant offshore area or, where subsection (10) applies, an area beyond
 
 
national jurisdiction”;
 
 
(b)
after subsection (9) insert—
 
 
“(10)
This subsection applies where the activity within any of
10
 
paragraphs (a) to (e) of subsection (9) is or involves a licensable
 
 
marine activity within the meaning of—
 
 
(a)
section 66 of the Marine and Coastal Access Act 2009,
 
 
or
 
 
(b)
section 21 of the Marine (Scotland) Act 2010 (asp 5).
15
 
(11)
In this section, “area beyond national jurisdiction” has the
 
 
meaning given by Article 1(2) of the Agreement under the
 
 
United Nations Convention on the Law of the Sea on the
 
 
Conservation and Sustainable Use of Marine Biological Diversity
 
 
of Areas Beyond National Jurisdiction, opened for signature
20
 
at New York on 20 September 2023.”
 

Part 5

 

General

 
20
Interpretation
 
 
(1)
In this Act—
25
 
“Article 12(3) identifier” means an identifier generated in relation to
 
 
marine genetic resources as described in Article 12(3) of the Agreement
 
 
(“BBNJ” standardised batch identifiers);
 
 
“civil sanction” means—
 
 
(a)
a monetary penalty,
30
 
(b)
a stop notice, or
 
 
(c)
a compliance notice;
 
 
“commercialisation” , in relation to research and development, means the
 
 
making available of a relevant product—
 
 
(a)
in the course of a commercial activity, and
35
 
(b)
other than for the purposes of trialling the effectiveness of the
 
 
product;
 
 
“compliance notice” means a notice imposing on a person, in relation to
 
 
a failure to comply with a provision made by or under this Act, a
 
 
requirement to take such steps as may be specified in the notice, within
40

Page 18

 
such period as may be specified, to secure that the non-compliance
 
 
does not continue or recur;
 
 
“Conference of the Parties” means the Conference of the Parties
 
 
established under Article 47(1) of the Agreement;
 
 
“craft” includes any vessel, machine, structure or other item;
5
 
“digital sequence information” , in relation to marine genetic resources,
 
 
has such meaning as the Secretary of State may provide in regulations;
 
 
“relevant 2-year period” has the meaning given by section 7 (2) ;
 
 
“relevant product” , in relation to research and development, means a
 
 
product developed through or as a result of that research and
10
 
development;
 
 
“relevant research and development” means research and development
 
 
within Article 1(14) of the Agreement (meaning of “utilization”);
 
 
“stop notice” means a notice prohibiting a person from carrying on an
 
 
activity specified in the notice until the person has taken such steps
15
 
as may be specified in the notice;
 
 
“UK craft” means—
 
 
(a)
a ship that is a British ship by virtue of section 1(1)(a) or (d)
 
 
of the Merchant Shipping Act 1995 (ships registered in the
 
 
United Kingdom and certain small ships with qualifying
20
 
owners),
 
 
(b)
a Government ship within the meaning given by section 308(4)
 
 
of that Act, or
 
 
(c)
any other craft to which the Agreement applies and which has
 
 
a qualifying UK connection (see subsection (2) );
25
 
“UNCLOS” means the United Nations Convention on the Law of the
 
 
Sea 1982 (Cmnd 8941);
 
 
“United Kingdom person” means—
 
 
(a)
an individual who is a British citizen or habitually resident in
 
 
the United Kingdom, or
30
 
(b)
a person that is incorporated or formed under the law of any
 
 
part of the United Kingdom;
 
 
“utilisation” , in relation to marine genetic resources or digital sequence
 
 
information, means—
 
 
(a)
the use of those resources or that information in carrying out
35
 
relevant research and development, or
 
 
(b)
the commercialisation of relevant research and development
 
 
carried out using those resources or that information;
 
 
“utilisation project” has the meaning given by section 3 (1) .
 
 
(2)
For the purposes of paragraph (c) of the definition of “UK craft” in subsection
40
 
(1) , a craft has “a qualifying UK connection” if—
 
 
(a)
it is not a British ship by virtue of section 1(c) of the Merchant Shipping
 
 
Act 1995 (ships registered under the law of a relevant British
 
 
possession),
 

Page 19

 
(b)
it is not, and has not been deployed from, a ship which has been
 
 
granted the nationality of a state other than the United Kingdom in
 
 
accordance with Article 91 of UNCLOS, and
 
 
(c)
it is—
 
 
(i)
owned or operated by a United Kingdom person, or
5
 
(ii)
being used after being deployed from the United Kingdom or
 
 
from a ship within paragraph (a) or (b) of the definition of
 
 
“UK craft” in subsection (1) .
 
 
(3)
The Secretary of State may by regulations amend or otherwise modify the
 
 
meaning of “a qualifying UK connection”.
10
 
(4)
For the purposes of interpreting references in this Act to areas beyond national
 
 
jurisdiction, a relevant maritime zone of any of the British overseas territories
 
 
is to be treated as if it were an exclusive economic zone within the meaning
 
 
of UNCLOS (see Article 55).
 
 
(5)
In subsection (4) , “relevant maritime zone” includes—
15
 
(a)
an exclusive fishing zone,
 
 
(b)
an ecological protection zone, and
 
 
(c)
any other zone in relation to which the territory in question asserts
 
 
or exercises any rights or jurisdiction of the sort referred to in Article
 
 
56(1) of UNCLOS.
20
 
(6)
Regulations under subsection (1) that are made for the purposes of the
 
 
definition of “digital sequence information” are subject to the negative
 
 
procedure.
 
 
(7)
Regulations under subsection (3) that amend this section are subject to the
 
 
affirmative procedure.
25
 
(8)
Any other regulations under subsection (3) are subject to the negative
 
 
procedure.
 
21
Power to make consequential provision
 
 
(1)
The Secretary of State may by regulations make provision that is consequential
 
 
on this Act.
30
 
(2)
Regulations under this section may amend or repeal provision made by an
 
 
Act passed—
 
 
(a)
before this Act, or
 
 
(b)
later in the same session of Parliament as this Act,
 
 
(as well as provision made under such an Act).
35
 
(3)
Regulations under this section that amend or repeal provision made by an
 
 
Act are subject to the draft affirmative procedure.
 
 
(4)
Any other regulations under this section are subject to the negative procedure.
 

Page 20

22
Regulations under this Act
 
 
(1)
Regulations under this Act are to be made by statutory instrument.
 
 
(2)
A power to make regulations under this Act includes power to—
 
 
(a)
confer a function (including a discretion) on any person;
 
 
(b)
make consequential, supplementary, incidental, transitional, transitory
5
 
or saving provision;
 
 
(c)
make different provision for different purposes or for different areas.
 
 
(3)
Regulations under this Act that provide for civil sanctions—
 
 
(a)
must provide a right of appeal against the imposition of any such
 
 
sanction;
10
 
(b)
may make any provision corresponding to, or dealing with similar
 
 
matters to, provision made by or capable of being made under the
 
 
Regulatory Enforcement and Sanctions Act 2008.
 
 
(4)
Where regulations under this Act are subject to the draft affirmative procedure,
 
 
the regulations may not be made unless a draft of the statutory instrument
15
 
containing them has been laid before, and approved by a resolution of, each
 
 
House of Parliament.
 
 
(5)
Where regulations under this Act are subject to the made affirmative
 
 
procedure, the statutory instrument containing the regulations must be laid
 
 
before Parliament after being made.
20
 
(6)
Regulations contained in a statutory instrument laid before Parliament under
 
 
subsection (5) cease to have effect at the end of the period of 28 days beginning
 
 
with the day on which the instrument is made unless, during that period,
 
 
the instrument is approved by a resolution of each House of Parliament.
 
 
(7)
In calculating the period of 28 days, no account is to be taken of any whole
25
 
days that fall within a period during which—
 
 
(a)
Parliament is dissolved or prorogued, or
 
 
(b)
either House of Parliament is adjourned for more than 4 days.
 
 
(8)
If regulations cease to have a effect as a result of subsection (6) , that does
 
 
not—
30
 
(a)
affect the validity of anything previously done under the regulations,
 
 
or
 
 
(b)
prevent the making of new regulations.
 
 
(9)
Where regulations under this Act are subject to the negative procedure, the
 
 
statutory instrument containing them is subject to annulment in pursuance
35
 
of a resolution of either House of Parliament.
 
 
(10)
Any provision that may be made by regulations under this Act subject to the
 
 
negative procedure may be made in regulations subject to the draft affirmative
 
 
procedure or the made affirmative procedure.
 
 
(11)
This section does not apply to regulations under—
40
 
(a)
section 18 , or
 

Page 21

 
(b)
section 25 .
 
23
Crown application
 
 
(1)
This Act binds the Crown (but see section 8 and Article 4 of the Agreement).
 
 
(2)
The Crown is not criminally liable as a result of anything in this Act.
 
 
(3)
Despite subsection (2) , this Act applies to persons in the service of the Crown
5
 
as it applies to other persons.
 
24
Extent
 
 
(1)
Sections 17 and 18 extend to Scotland only.
 
 
(2)
The rest of this Act extends to England and Wales, Scotland and Northern
 
 
Ireland.
10
 
(3)
His Majesty may by Order in Council provide for any of the provisions of
 
 
this Act to extend, with or without modifications, to any British overseas
 
 
territory.
 
25
Commencement
 
 
(1)
Except as provided in subsection (2) , this Act comes into force on the day on
15
 
which it is passed.
 
 
(2)
Sections 2 to 8 , 10 and 15 come into force on such day as the Secretary of
 
 
State may by regulations appoint.
 
 
(3)
Different days may be appointed for different purposes.
 
 
(4)
The Secretary of State may by regulations make transitional or saving provision
20
 
in connection with the coming into force of any provision of this Act.
 
 
(5)
The power to make regulations under subsection (4) includes power to make
 
 
different provision for different purposes.
 
 
(6)
Regulations under this section are to be made by statutory instrument.
 
26
Short title
25
 
This Act may be cited as the Biodiversity Beyond National Jurisdiction Act
 
 
2025.
 

Page 22

 
Schedule
Section 3 (2)
 

Utilisation information

 
 
1
Where the utilisation involves or leads to any result within Article 12(8)(a)
 
 
of the Agreement (publications, patents, product development etc), the
 
 
information referred to in Article 12(8)(a) to (d) must be given within the
5
 
period of 1 month beginning on the day on which the result is achieved.
 
 
2
Where the utilisation involves commercialisation, the information referred
 
 
to in Article 12(8)(b) to (e) of the Agreement must be given—
 
 
(a)
within the period of 1 month beginning with the day on which the
 
 
product in question is made available, and
10
 
(b)
within each subsequent period of 12 months for any part of which
 
 
the product remains available.
 
 
3
Information does not have to be given where—
 
 
(a)
the relevant person does not have, and could not with reasonable
 
 
effort obtain, the information, or
15
 
(b)
in a case where the utilisation concerned is that of digital sequence
 
 
information, it is for any other reason not reasonably practicable to
 
 
give the information.
 
 
4
The Secretary of State may by written notice to the relevant person extend
 
 
the period within which any information has to be given.
20
 
5
In this Schedule, “the utilisation” means the utilisation that—
 
 
(a)
forms part of the utilisation project concerned, and
 
 
(b)
falls within section 3 (1) .
 
Amendments

No amendments available.