The UK’s Biodiversity Beyond National Jurisdiction Act 2026 received Royal Assent on 12 February 2026, creating the legal framework to implement the UN High Seas Treaty domestically and paving the way for UK ratification. The underlying agreement entered into force internationally on 17 January 2026. (defraenvironment.blog.gov.uk)
Ministers state that secondary legislation is still required before depositing the UK’s instrument of ratification, including regulations to define digital sequence information and to update marine licensing for environmental impact assessment obligations. The Government indicated these statutory instruments will be laid following Royal Assent. (hansard.parliament.uk)
The Act uses treaty definitions for “areas beyond national jurisdiction” and “marine genetic resources” and establishes duties that attach to UK craft engaged in collection, and to UK‑based repositories and public databases handling material or data from the high seas. The Lords Library briefing confirms these core duties. (lordslibrary.parliament.uk)
For collection projects using a UK craft, the project lead must give pre‑collection information to the Secretary of State and wait at least seven months before sampling can begin, unless the Secretary of State shortens the period for compelling reasons. Post‑collection information must then be submitted as soon as available and no later than 11 months after the last day of collection. (researchbriefings.files.parliament.uk)
For utilisation projects in the UK that use high‑seas marine genetic resources or related digital sequence information, the Act requires notification to the Secretary of State and mandates open access to outputs: physical samples must be deposited in a suitable public repository and DSI placed in a suitable public database. A separate government impact assessment confirms a three‑year deadline from the start of utilisation to complete these deposits. (researchbriefings.files.parliament.uk)
Information provided under these duties may be transferred by the Secretary of State to the treaty’s Clearing‑House Mechanism, except where it is protected by the National Security Act 2023 or is not required by Article 51. (researchbriefings.files.parliament.uk)
Operators of UK repositories must keep samples identifiable in line with international practice, enable access for utilisation, and report every two years on access provided. Public database controllers must keep DSI identifiable, maintain access, and provide biennial usage reports to the Secretary of State. (researchbriefings.files.parliament.uk)
Access to material or DSI can be subject to conditions consistent with the treaty (for example, to protect sample integrity or safety). These provisions are designed to balance transparency and open science with responsible curation. (researchbriefings.files.parliament.uk)
Statutory exemptions mean the regime does not apply to licensed UK fishing activity and related scientific evidence work under the Fisheries Act 2020, to warships and other military activities, or to Antarctica and its marine genetic resources. (researchbriefings.files.parliament.uk)
The Act provides regulation‑making powers to implement the benefit‑sharing system under Part 2 of the treaty, including the ability to require disclosures relevant to calculating payments and, where necessary, to impose civil sanctions. It also seeks to avoid duplicative compliance where another Party’s law already applies. (researchbriefings.files.parliament.uk)
To give domestic effect to decisions of the Conference of the Parties on area‑based management tools (including high‑seas marine protected areas) and emergency measures, the Secretary of State may make regulations, including creating civil sanctions and limited criminal offences, and may issue binding directions to UK craft in emergencies. (researchbriefings.files.parliament.uk)
Marine licensing and environmental assessment regimes are amended to operationalise the treaty at sea. The Marine and Coastal Access Act 2009 is updated so activities can be designated in contemplation of BBNJ obligations, and the Marine Works (Environmental Impact Assessment) Regulations 2007 gain specific provisions for BBNJ activities and screening. Parallel powers are created in Scotland. (researchbriefings.files.parliament.uk)
Separately, the Levelling‑up and Regeneration Act 2023 framework for Environmental Outcomes Reports can be extended offshore so that, where marine licensing applies, reporting may also cover areas beyond national jurisdiction. (researchbriefings.files.parliament.uk)
Guidance on the new requirements must be published by the Secretary of State and laid before Parliament; this guidance must be kept under review and can be revised. Commencement is staged: most provisions are in force from Royal Assent, with core operational elements commencing by regulations. (researchbriefings.files.parliament.uk)
Practical takeaways for universities and research institutes are immediate. Expedition planners should build a seven‑month pre‑notification into cruise schedules for any high‑seas sampling with a UK craft. Principal investigators should map how Article 12 identifiers will be captured and linked to samples and DSI across laboratory information systems, ensure data are destined for publicly accessible repositories and databases, and prepare for biennial access reporting.
For biotechnology and IP teams, internal registers should track when utilisation begins so the three‑year deposit clock is visible; publication, patent and product milestones should trigger the schedule of notifications to the Secretary of State. Repository owners and database operators should configure governance to evidence “publicly accessible” status and produce aggregate access metrics on a two‑year cycle, with records retained for potential civil‑sanctions enforcement.
For developers and operators planning activities in ABNJ-subsea cable works, science support operations or early‑stage energy concepts-the changes to marine licensing and assessment point to earlier engagement with regulators. Sponsors should plan for BBNJ‑specific screening and, where needed, full environmental assessment aligned to forthcoming secondary legislation and guidance. (researchbriefings.files.parliament.uk)
Next steps are regulatory. Government has signalled that the secondary instruments on digital sequence information and on environmental impact assessment will follow Royal Assent; once made, the UK can move to ratification and fully participate in the first BBNJ COP within the treaty timelines. (hansard.parliament.uk)