Part 4deals 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.
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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.
5 Definitions
In this Act:
activity includes:
(a) a project; and
(b) a development; and
(c) an undertaking; and
(d) an alteration of any of the things mentioned in paragraph (a), (b) or (c).
activity area, in relation to an activity, means the area in which the activity is, or is proposed to be, carried out.
alternative measure, for an area beyond national jurisdiction, means a measure to manage the area determined in an instrument under section 59.
Antarctica has the same meaning as in the Antarctic Treaty Act 1960.
area‑based management tool has the same meaning as in the BBNJ Agreement.
area beyond national jurisdiction means:
(a) an area of water that is outside the outer limits of the exclusive economic zone of all countries, including Australia; or
(b) an area of seabed or subsoil that is outside the outer limits of the continental shelf of all countries, including Australia.
auditor has the meaning given by section 124.
Australia, when used in a geographical sense, includes the external Territories.
Australian aircraft means:
(a) an aircraft that is owned, possessed or controlled by:
(i) the Commonwealth, a State or a Territory; or
(ii) an authority of the Commonwealth, a State or a Territory; or
(b) an aircraft that is registered, or required to be registered, in Australia.
Australian entity means:
(a) an Australian citizen; or
(b) an individual who is ordinarily resident in Australia; or
(c) a body (whether incorporated or not) established for a public purpose by or under an Australian law; or
(d) a body corporate incorporated by or under an Australian law; or
(e) a person in command or control of an Australian aircraft or Australian vessel.
Australian jurisdiction means:
(a) the land, waters, seabed, subsoil and airspace in, under or above Australia; or
(b) the land, waters, seabed and subsoil in or under the exclusive economic zone of Australia; or
(c) the seabed and subsoil of the continental shelf of Australia.
Note: A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory, as the case requires (see section 15B of the Acts Interpretation Act 1901).
Australian law means a law of the Commonwealth, a State or a Territory.
Australian vessel means:
(a) a vessel that is owned, possessed or controlled by:
(i) the Commonwealth, a State or a Territory; or
(ii) an authority of the Commonwealth, a State or a Territory; or
(b) a vessel that is registered, or required to be registered, in Australia; or
(c) a vessel that is flying the Australian flag.
BBNJ 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, done at New York on 20 September 2023, as in force for Australia from time to time.
Note: The BBNJ Agreement could in 2026 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
BBNJ identifier, for a collection activity, means the identifier generated in respect of the activity in accordance with Article 12(3) of the BBNJ Agreement.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Clearing‑House Mechanism means the mechanism established under Article 51 of the BBNJ Agreement.
collection activity means an activity constituting the collection of one or more marine genetic resources in an area beyond national jurisdiction.
collection notification certificate, for a collection activity, has the meanings given by subsections 26(2) and 28(2).
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
controlled activity has the meaning given by subsection 71(4).
controlled activity authorisation, for a controlled activity, has the meaning given by paragraph 81(4)(a).
Convention area has the same meaning as in the Antarctic Marine Living Resources Conservation Act 1981.
Note: This is a reference to the area to which the Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra on 20 May 1980, applies. The Convention is in Australian Treaty Series 1982 No. 9 ([1982] ATS 9) and could in 2026 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
cumulative impacts has the same meaning as in the BBNJ Agreement.
customs officer means an officer of Customs within the meaning of the Customs Act 1901.
data management plan, for a collection activity, has the meaning given by paragraph 21(2)(l).
digital sequence information of a marine genetic resource:
(a) has the meaning given by the rules; or
(b) if the rules do not give the term a meaning—has its ordinary meaning as understood under the BBNJ Agreement.
domestic activity means an activity carried out, or proposed to be carried out, in Australian jurisdiction.
draft environmental impact assessment report, for a controlled activity, has the meaning given by subsection 77(2).
entrusted person means any of the following:
(a) the Minister;
(b) the Secretary;
(c) an APS employee in the Department;
(d) any other person employed in, or engaged by, the Department;
(e) any other person prescribed by the rules.
exempt activity has the meanings given by subsection 69(1) and (3).
final environmental impact assessment report, for a controlled activity, has the meaning given by subsection 80(3).
foreign country means any country that is outside Australia, whether or not it is an independent sovereign state.
foreign entity means a person other than an Australian entity.
holder means:
(a) in relation to a collection notification certificate or a utilisation notification certificate—the person to whom the certificate is issued; or
(b) in relation to a controlled activity authorisation for a controlled activity:
(i) the proponent of the activity; or
(ii) if the authorisation is varied to specify another person as the holder—that other person.
impact includes:
(a) environmental impact; and
(b) economic impact; and
(c) social impact; and
(d) cultural impact; and
(e) impact on human health.
inspector means a person appointed under section 111 as an inspector for the purposes of this Act.
international activity means an activity carried out, or proposed to be carried out, in an area beyond national jurisdiction.
management measure, in relation to an area‑based management tool, means a measure referred to in Article 22 of the BBNJ Agreement.
marine genetic resource means a thing of, or a thing that is material of, marine plant, animal, microbial or other origin containing functional units of heredity of actual or potential value.
marine protected area has the same meaning as in the BBNJ Agreement.
non‑controlled activity has the meaning given by subsection 71(5).
notifying entity:
(a) for a collection activity—has the meanings given by subsections 18(1) and (2); and
(b) for a utilisation activity—has the meaning given by subsection 18(3).
post‑collection matters, for a marine genetic resource, has the meaning given by subsection 25(2).
post‑collection notice, for a collection activity, has the meanings given by subsections 23(1) and 24(1).
pre‑collection matters, for a collection activity, has the meaning given by subsection 21(2).
pre‑collection notice, for a collection activity, has the meaning given by subsection 20(1).
premises includes the following:
(a) a structure, building, vehicle, vessel or aircraft;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing mentioned in paragraph (a) or (b).
proponent of an activity means the person who referred the activity to the Minister under section 66.
protected information means information of any of the following kinds obtained by an entrusted person:
(a) information the disclosure of which by the entrusted person could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;
(b) information the disclosure of which could reasonably be expected to prejudice the effective working of government;
(c) information the disclosure of which could reasonably be expected to prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences;
(d) information the disclosure of which could reasonably be expected to endanger a person’s life or physical safety;
(e) information the disclosure of which could reasonably be expected to prejudice the protection of public safety or the environment;
(f) information the disclosure of which could reasonably be expected to prejudice the security, defence or international relations of Australia.
Register means the High Seas Biodiversity Register established under section 108.
regulated database has the meaning given by subsection 19(1).
regulated fishing activity has the meaning given by subsection 15(1).
regulated repository has the meaning given by subsection 19(2).
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant information means information obtained or generated by a person in:
(a) performing functions or duties, or exercising powers, under this Act or the rules, or the Regulatory Powers Act as it applies in relation to this Act or the rules; or
(b) assisting another person to perform functions or duties, or exercise powers, under this Act or the rules, or the Regulatory Powers Act as it applies in relation to this Act or the rules.
relevant person, for an audit, has the meaning given by section 125.
rules means the rules made under section 156.
Scientific and Technical Body means the body established under Article 49 of the BBNJ Agreement.
screening report, in relation to a referral of an activity, has the meaning given by paragraph 66(4)(c).
Secretary means the Secretary of the Department.
specially managed area means an area declared under paragraph 55(1)(a) to be a specially managed area.
special management plan, for a specially managed area, means a plan to manage the area determined under paragraph 55(1)(b).
State or Territory government body means:
(a) a Department of a State or Territory; or
(b) an agency of a State or Territory; or
(c) an authority of a State or Territory.
utilisation activity has the meanings given by subsections 17(1) and (3).
utilisation matters, for a utilisation activity, has the meaning given by subsection 35(2).
utilisation notice, for a utilisation activity, has the meaning given by subsection 34(1).
utilisation notification certificate, for a utilisation activity, has the meaning given by subsection 36(2).
utilise has the meaning given by section 16.
Note: Other parts of speech and grammatical forms of “utilise” (for example, “utilisation”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
utilised marine genetic resources, in relation to a utilisation activity, has the meaning given by subsection 17(2).
Part Part 4 - High Seas Biodiversity Act 2026 - 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. | Zoe