Legislation – Biodiversity Beyond National Jurisdiction Act 2026

““area beyond national jurisdiction” has the meaning given by Article 1(2) of the Biodiversity Beyond National Jurisdiction Agreement;

“BBNJ works” means the carrying out of a regulated activity 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;

“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 2023;”;

(b)

in paragraph (1), in the definition of “EIA project”—

(i)

in the words before paragraph (a) omit “either”,

(ii)

omit the “or” at the end of paragraph (a), and

(iii)

at the end of paragraph (b) insert “; or

(c)

BBNJ works where there are reasonable grounds for believing that the works may cause—

(i)

substantial pollution, or

(ii)

significant and harmful changes to,

the marine environment;”;

(c)

in paragraph (1), in the definition of “environmental information”—

(i)

omit the “and” at the end of paragraph (c);

(ii)

at the end of paragraph (d) insert “; and

(e)

in relation to BBNJ works that are an EIA project, any other matter necessary to give effect to Article 31(1)(b) and (c) of the Biodiversity Beyond National Jurisdiction Agreement;”;

(d)

in paragraph (1), in the definition of “regulated activity”, at the end insert “(see also paragraph (1B))”;

(e)

after paragraph (1) insert—

“(1A)

Terms used in paragraph (c)(i) and (ii) of the definition of “EIA project” have the same meaning that they have in the Biodiversity Beyond National Jurisdiction Agreement (see in particular Article 30(1)(b)).

(1B)

Where the requirement for a marine licence, or variation of a marine licence, under Part 4 of the 2010 Act for works in an area beyond national jurisdiction depends on the application of these Regulations (including the doing or not doing of anything under these Regulations), these Regulations have effect as if such a licence or variation were required unless and until the application of these Regulations produces a different result.”

(3)

In regulation 8 (exemptions)—

(a)

in paragraph (4), in the words before sub-paragraph (a), after “apply” insert “in respect of schedule 1 works or schedule 2 works”;

(b)

after paragraph (4) insert—

“(4A)

The Scottish Ministers may direct that these Regulations do not require an environmental impact assessment to be carried out in relation to BBNJ works if they are satisfied that an equivalent assessment has been carried out, is being carried out or will be carried out in relation to the works.

(4B)

The Scottish Ministers may not grant a regulatory approval for BBNJ works in respect of which a direction under paragraph (4A) has been given unless they have determined that to do so would be compatible with the United Kingdom’s obligations under Part 4 of the Biodiversity Beyond National Jurisdiction Agreement.

(4C)

For the purposes of paragraph (4A), an assessment is an equivalent assessment if it is sufficient to meet the requirements of Part 4 of the Biodiversity Beyond National Jurisdiction Agreement.”

(4)

In regulation 9 (general provisions relating to screening)—

(a)

in paragraph (1), in the words before sub-paragraph (a), after “works” insert “or BBNJ works”;

(b)

omit the “and” at the end of sub-paragraph (a)(ii);

(c)

at the end of sub-paragraph (b) insert “; and

(c)

in the case of BBNJ works, have regard to any other matter necessary to give effect to Article 30(1)(b) of the Biodiversity Beyond National Jurisdiction Agreement.”;

(d)

after paragraph (2) insert—

“(2A)

Where the Scottish Ministers adopt a screening opinion in relation to BBNJ works to the effect that the works are not an EIA project, the screening opinion must also contain provision stating whether the Scottish Ministers consider that—

(a)

the works may have more than a minor or transitory effect on the marine environment, or

(b)

the effects of the works are unknown or poorly understood.

(2B)

Terms used in paragraph (2A)(a) and (b) have the same meaning that they have in the Biodiversity Beyond National Jurisdiction Agreement (see in particular Article 30(1)).”

(5)

In regulation 12 (application without prior screening)—

(a)

in paragraph (1)(a), for “or an application to carry out schedule 2 works” substitute “schedule 2 works or BBNJ works”;

(b)

for paragraph (2) substitute—

“(2)

Where it appears to the Scottish Ministers that the application relates to proposed schedule 1 works or schedule 2 works, the Scottish Ministers must adopt a screening opinion in relation to the proposed works.”;

(c)

after paragraph (2) insert—

“(2A)

Where it appears to the Scottish Ministers that the application relates to proposed BBNJ works, the Scottish Ministers must adopt a screening opinion in any case where the Scottish Ministers consider that—

(a)

the proposed works may have more than a minor or transitory effect on the marine environment, or

(b)

the effects of the proposed works are unknown or poorly understood.

(2B)

Where the Scottish Ministers decide that paragraph (2A) does not apply in respect of proposed BBNJ works, they must give the applicant a notice stating that the proposed works do not require an environmental impact assessment.

(2C)

Terms used in paragraph (2A)(a) and (b) have the same meaning that they have in the Biodiversity Beyond National Jurisdiction Agreement (see in particular Article 30(1)).”;

(d)

in paragraph (3), after “works” insert “or BBNJ works”.

(6)

In regulation 13 (EIA application made without an EIA report), in paragraph (3)(b), after “12(2)” insert or “12(2A)”.

(7)

In Schedule 4 (information for inclusion in environmental impact assessment reports)—

(a)

after paragraph 9 insert—

“9A

In relation to BBNJ works, any other information that is necessary to enable the Scottish Ministers to give effect to Article 31(1)(c) of the Biodiversity Beyond National Jurisdiction Agreement.”;

(b)

in paragraph 10, for “9” substitute “9A”.