Parliament has enacted the Biodiversity Beyond National Jurisdiction Act 2026. Receiving Royal Assent on 12 February 2026, the Act implements the Agreement under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. It establishes duties for UK craft engaged in collecting marine genetic resources on the high seas, creates reporting and deposition requirements for UK‑based utilisation of those resources and associated digital sequence information, enables information‑sharing through the Agreement’s clearing‑house, and equips UK authorities to give domestic effect to Conference of the Parties decisions, including on protected areas and emergency measures.
Scope is tightly defined. The Act adopts the Agreement’s definitions of “areas beyond national jurisdiction” and “marine genetic resources”. For a collection project, responsibility sits with the individual who holds principal scientific or technical responsibility for the marine genetic resources element. For a utilisation project in the United Kingdom, the responsible party is the person who controls the project. “UK craft” covers British‑registered ships, Government ships and other craft with a qualifying UK connection, a test the Secretary of State may refine by regulations.
A UK craft may not collect marine genetic resources in areas beyond national jurisdiction unless pre‑collection information matching Article 12(2)(a)–(j) has been provided to the Secretary of State and a minimum of seven months has elapsed. The Secretary of State may shorten this period by written notice where there is a compelling reason to proceed. After collection, the responsible individual must submit the Article 12(5)(a)–(d) post‑collection information as soon as it is available and no later than eleven months after the final day of collection.
Where utilisation occurs in the UK-either of marine genetic resources from areas beyond national jurisdiction or of associated digital sequence information-the project controller must provide information in accordance with the Act’s Schedule. Within three years of the project beginning, samples must be deposited in a publicly accessible repository and digital sequence information recorded in a publicly accessible database, operated anywhere in the world in line with current international practice. Samples and records must be traceable using the Agreement’s Article 12(3) standardised batch identifiers.
The Schedule fixes short deadlines for specific outputs. If utilisation produces a publication, patent application or other listed result under Article 12(8)(a), the required information must be filed within one month of that result. If a product is commercialised, the Article 12(8)(b)–(e) information must be provided within one month of first availability and annually while the product remains available. These duties do not apply where information cannot reasonably be obtained, and the Secretary of State may extend deadlines by written notice.
Information supplied to the Secretary of State under the collection or utilisation regimes may be given to the Clearing‑House Mechanism established by Article 51 of the Agreement. Disclosure is barred where the material is protected by the National Security Act 2023 or where the Agreement does not require sharing, reflecting the protection from disclosure in Article 51(6).
Operators of repositories and public databases in the UK receive direct obligations. Repositories storing ABNJ samples must, so far as reasonably practicable, ensure samples can be identified as ABNJ in origin and by any Article 12(3) identifier, provide access for others to utilise samples, and submit a biennial report to the Secretary of State stating how many times access has been provided, cross‑referencing identifiers. Controllers of UK public databases storing digital sequence information must ensure identifiability on the same basis, provide access, and report every two years on the number of views or downloads, again cross‑referencing identifiers.
Access to samples or digital sequence information may be conditional in ways consistent with Article 14(4)(a)–(d). The reporting clock runs in two‑year cycles from the Agreement’s entry into force (or its entry into force for the UK, if later). Reports are due within two months of each cycle’s end unless the Secretary of State directs a different timetable to match schedules set by the Agreement’s access and benefit‑sharing committee.
There are explicit exclusions. The Part does not cover fishing with a licence issued under section 15 of the Fisheries Act 2020, cases where no licence is required under section 14(2), or steps taken to deliver the scientific evidence objective through the joint fisheries statement and related plans. It also excludes warships, military aircraft and naval auxiliaries, military activities, anything done in Antarctica, and Antarctic marine genetic resources (including associated digital sequence information).
The Secretary of State may make regulations to implement Part 2 of the Agreement on marine genetic resources and benefit‑sharing. These may require disclosure of information relevant to calculating payments, require payments to be made, limit the application of domestic provisions in line with Article 51(6), prevent duplication where a corresponding law of another Party already applies, and establish enforcement-including civil sanctions such as monetary penalties, stop notices and compliance notices. These powers may be exercised extraterritorially and can amend the Act and other legislation, subject to parliamentary scrutiny thresholds.
Devolved implementation is provided for. Within their competence, the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland may make regulations to implement Part 2 obligations, including provision for civil sanctions with rights of appeal. Affirmative procedure applies where primary legislation is amended, where monetary benefit‑sharing is implemented, or where sanctions or maximum penalties are created or varied; otherwise, negative procedure applies. The Secretary of State must consult the Scottish Ministers and DAERA where regulations would fall within devolved competence, save for specified urgent cases.
The Act requires the Secretary of State to publish guidance on the requirements imposed by or under the legislation, to keep that guidance under review, to revise it as needed, and to lay it before Parliament, having regard in doing so to the importance of giving effect to the Agreement.
Following decisions of the Conference of the Parties under Articles 22(1)(a)–(b) or 24(1), the Secretary of State may make regulations to meet the implementing duty in Article 25(1) for activities under UK jurisdiction or control. Such regulations may apply outside the UK, include enforcement powers and fees, and create civil sanctions or criminal offences within the Act’s statutory maxima. Urgent measures adopted on an emergency basis under Article 24 may be given effect using the made affirmative procedure. Equivalent powers are conferred on the Scottish Ministers and DAERA within devolved competence.
In an emergency under Article 24, the Secretary of State may give directions to specified UK craft. Directions can be issued orally and then confirmed in writing, must be laid before Parliament, and automatically lapse when the underlying emergency measure ends. Failing to comply without reasonable excuse is an offence punishable on indictment by up to two years’ imprisonment or a fine, with summary penalties capped as provided. Offences committed outside the UK may be tried in the UK.
The Marine and Coastal Access Act 2009 is amended so that orders adding licensable activities may expressly implement Part 3 of the Agreement (area‑based management tools, including marine protected areas) or, for activities in areas beyond national jurisdiction, Part 4 (environmental impact assessments). Amendments to section 81 on submarine cables ensure the marine licensing regime can apply where activities are designated as BBNJ‑related.
The Marine Works (Environmental Impact Assessment) Regulations 2007 now include a BBNJ‑specific gateway. For ABNJ activities requiring a marine licence, an environmental impact assessment is mandatory where there are reasonable grounds to believe the activity may cause substantial pollution of, or significant and harmful changes to, the marine environment. Screening must treat an ABNJ activity as potentially requiring assessment where effects may be more than minor or transitory or are unknown or poorly understood. A regulator may rely on an equivalent assessment conducted by another body only if it is sufficient to meet Part 4 of the Agreement, and must determine that granting approval would be compatible with the UK’s Part 4 obligations.
Parallel reforms are made in Scotland. The Marine (Scotland) Act 2010 gains matching powers to designate licensable activities for BBNJ purposes, and the 2017 Marine Works EIA Regulations (Scotland) treat “BBNJ works” as EIA projects where there are reasonable grounds to believe the works may cause substantial pollution or significant and harmful changes. Scottish Ministers must screen BBNJ works for more than minor or transitory effects or for unknown or poorly understood effects, may recognise equivalent assessments that meet Part 4 requirements, and must ensure approvals are compatible with the Agreement.
The Secretary of State may update marine licensing law to implement any standards or guidelines adopted by the Conference of the Parties under Article 38, with affirmative parliamentary control where Acts are amended. The Scottish Ministers may do likewise for Scottish licensable marine activities, subject to Scottish parliamentary procedures.
Environmental outcomes reporting is extended. The Levelling‑up and Regeneration Act 2023 is amended so that “relevant consent” and “relevant plan” may, where specified, include activities in areas beyond national jurisdiction when they are or involve licensable marine activities under UK or Scottish marine licensing law.
The Act defines key enforcement tools-monetary penalties, stop notices and compliance notices-and confirms that the Crown is bound though not criminally liable. “Digital sequence information” will be set by regulations. For interpreting references to areas beyond national jurisdiction, relevant maritime zones of British overseas territories are treated as if they were exclusive economic zones. The Act extends across the UK, with targeted Scotland‑only provisions, and may be extended to the Isle of Man or a British overseas territory by Order in Council. It commenced on 12 February 2026 except for sections 2 to 8, 13, 21 and 24, which will be brought into force by regulations and may be supported by transitional or saving provisions as needed for operational roll‑out. From that point, compliance duties will apply as those provisions are commenced by statutory instrument.