UK BBNJ Act 2026 sets high seas rules for North Sea work
Royal Assent on 12 February 2026 brought the Biodiversity Beyond National Jurisdiction Act into UK law. For the North of England, it reshapes how universities, survey vessels and offshore operators plan work in waters beyond any nation’s control.
Published on legislation.gov.uk, the Act implements the UN High Seas Treaty (BBNJ), signed in 2023. It creates new duties when UK craft collect marine genetic resources in areas beyond national jurisdiction and when UK organisations use those resources or their digital sequence information, publish results or bring products to market.
Before a UK vessel heads out to sample deep‑sea microbes or other marine genetic resources, the lead scientist must file full pre‑collection details with the Secretary of State and then wait at least seven months. That wait can be shortened only where ministers judge there is a compelling reason. After the final sample is taken, post‑collection information must be filed as soon as possible and no later than 11 months.
For work back on shore, the project lead must report in line with the Act’s Schedule, deposit any physical samples in a publicly accessible repository and record digital sequence information in a publicly accessible database. These steps must be completed within three years of the utilisation project beginning, and materials must be trackable using the Agreement’s standard identifiers.
Repositories and UK databases have their own duties: clearly label material as coming from areas beyond national jurisdiction, provide access for others to use, and submit a usage report to government every two years. Access can be subject to treaty‑consistent conditions, but the presumption is that data and samples are open to the research community.
Environmental checks tighten too. The Marine Works Environmental Impact Assessment Regulations now require an EIA for BBNJ activities where there are reasonable grounds to believe they could cause substantial pollution or significant and harmful changes to the marine environment. Regulators must also screen in projects that may have more than a minor or transitory effect, or where effects are unknown or poorly understood. Scotland’s 2017 regulations have been amended in step, and the Marine and Coastal Access Act 2009 now explicitly accommodates BBNJ‑related licensing.
The Act respects devolution. Scottish Ministers and Northern Ireland’s Department of Agriculture, Environment and Rural Affairs gain powers to make detailed regulations and impose civil sanctions in their areas. Westminster must consult them before making UK rules that fall within devolved competence, save for urgent measures under the treaty’s emergency article.
Several activities are outside scope: licensed commercial fishing and related scientific evidence work under the Fisheries Act 2020, defence activity, and anything done in Antarctica. National security protections also limit what the UK sends to the treaty’s international Clearing‑House.
To implement future decisions by the treaty’s Conference of the Parties, UK ministers can set domestic rules, including fees and enforcement. New criminal offences are possible but capped, with a maximum of two years’ imprisonment on indictment. In an emergency decision under the treaty, the Secretary of State can issue binding directions to specific UK craft wherever they are operating.
For Northern universities-from Newcastle and Hull to Liverpool and Lancaster-the seven‑month notice period will reshape cruise planning and grant timelines. Labs will need to choose recognised repositories and sequence databases, budget for compliance, and ensure publications, patents and product launches are reported within the one‑month window set in the Schedule. Port clusters on the Tyne, Tees, Humber and Mersey that support research, offshore wind and subsea engineering should expect closer EIA scrutiny for high‑seas work staged from local terminals.
Start‑ups and spin‑outs using high‑seas organisms should watch benefit‑sharing. If the treaty agrees a monetary mechanism, UK regulations can require disclosures and payments. Contracts with overseas partners will need careful drafting to avoid double compliance where an equivalent foreign regime already applies.
Most of the Act took effect on 12 February 2026, with key sections on collection, utilisation, guidance and elements of licensing to commence on dates set by regulations. The two‑year reporting cycle for repositories and databases starts when the treaty formally enters into force for the UK. Government guidance must be published, so research offices, port operators and offshore firms across the North should schedule compliance checks now and watch for commencement orders on sections 2 to 8, 13, 21 and 24.