High Seas Biodiversity Act 2026

This Act establishes a framework for giving effect to some of Australia’s obligations under 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 (called the BBNJ Agreement).

The objective of the BBNJ Agreement is to ensure the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction. An area beyond national jurisdiction is an area that is outside the outer limits of the exclusive economic zone and continental shelf of all countries, including Australia.

Part 2 deals with marine genetic resources collected in areas beyond national jurisdiction, and digital sequence information of such marine genetic resources. Broadly, a marine genetic resource is a thing of marine plant, animal, microbial or other origin that contains genetic material.

An Australian entity that collects marine genetic resources in an area beyond national jurisdiction, or carries out research and development on such marine genetic resources or digital sequence information of such marine genetic resources, must comply with notification and information sharing requirements.

If the entity carries out research and development on the marine genetic resources or the digital sequence information, the entity must also comply with requirements for depositing the resources or information into a publicly accessible repository or database. An owner of such a repository or database must comply with reporting and record keeping requirements.

Part 3 sets out the process for giving effect to a decision under the BBNJ Agreement to establish an area‑based management tool. Broadly, an area‑based management tool contains measures, such as the establishment of a marine protected area, for managing a specific area beyond national jurisdiction.

Depending on whether Australia objects to the decision, the Minister must either:

Part 4 deals with the assessment and authorisation of certain activities carried out by an Australian entity in areas beyond national jurisdiction, or by any person in Australian jurisdiction.

Generally, a person carrying out or proposing to carry out an activity must refer the activity to the Minister if certain requirements are met in relation to the actual or potential impacts of the activity on the marine environment in an area beyond national jurisdiction.

On receiving the referral, the Minister must decide whether the Minister reasonably believes that an actual or potential result of the activity is substantial pollution of, or significant and harmful changes to, the marine environment in an area beyond national jurisdiction. Such an activity cannot be carried out without the Minister’s authorisation.

Before the Minister decides whether to give the authorisation, the person must conduct an environmental impact assessment of the activity. Once the environmental impact assessment is complete, the Minister must decide whether to give the authorisation, and what conditions to attach to the authorisation.

Part 5 provides for the establishment of the High Seas Biodiversity Register.

Part 6 provides for matters relating to compliance and enforcement.

Part 7 provides for the use and disclosure of certain information.

Part 8 contains miscellaneous provisions, including a requirement for 10‑yearly reviews of the operation of this Act.