The Marine Licensing (Miscellaneous Provisions) (Amendment etc.) Order 2026

1. -(1) This Order may be cited as the Marine Licensing (Miscellaneous Provisions) (Amendment etc.) Order 2026 and comes into force on the date on which the Biodiversity Beyond National Jurisdiction Agreement( 3 ) enters into force for the United Kingdom( 4 ).

(2) This Order extends to the United Kingdom subject to paragraph (3).

(3) Any amendment made by this Order has the same extent as the provision amended.

2. -(1) In accordance with section 66(3A) of the Marine and Coastal Access Act 2009, each of the licensable marine activities added to section 66(1) of that Act under article 4 is designated as an activity added in contemplation of the United Kingdom's obligations under Part 4 of the Biodiversity Beyond National Jurisdiction Agreement (environmental impact assessments).

(2) But an activity is not designated under paragraph (1) so far as it consists of doing anything in the course of laying or maintaining an offshore stretch of exempt submarine cable( 5 ).

4. -(1) Section 66 is amended as follows.

(2) In subsection (1)-

(a) in item 2, after paragraph (b), insert as closing words 'unless the deposit is carried out in an area beyond national jurisdiction.'; (b) in item 5, after 'anywhere at sea', insert 'except in an area beyond national jurisdiction'; (c) in item 12, after 'anywhere at sea', insert ', except in an area beyond national jurisdiction,'; (d) after item 13, insert- '14. To deposit any substance or object in an area beyond national jurisdiction either in the sea or on or under the sea bed from- (a) a British vessel, British aircraft or British marine structure, or (b) a container floating in the sea, if the deposit is controlled from a British vessel, British aircraft or British marine structure. 15. To deposit any substance or object in an area beyond national jurisdiction in the sea or on or under the sea bed where the person carrying on, or causing or permitting any other person to carry on, the deposit is a United Kingdom person. 16. To scuttle any vessel or floating container at sea in an area beyond national jurisdiction, if the scuttling is controlled from a British vessel, British aircraft or British marine structure. 17. To scuttle any vessel or floating container at sea in an area beyond national jurisdiction where the person carrying on, or causing or permitting any other person to carry on, the scuttling is a United Kingdom person. 18. To construct, alter or improve any works in an area beyond national jurisdiction either in or over the sea or on or under the sea bed, if- (a) such activity is carried on or controlled from a British vessel or British marine structure, or (b) the person carrying on, or causing or permitting any other person to carry on, such activity is a United Kingdom person. 19. To use a vessel, aircraft, marine structure or floating container to remove any substance or object from the sea bed in an area beyond national jurisdiction, if- (a) the vessel, aircraft or marine structure is a British vessel, British aircraft or British marine structure, (b) the floating container is controlled from a British vessel, British aircraft, or British marine structure, or (c) the person carrying on, or causing or permitting any other person to carry on, the removal is a United Kingdom person. 20. To carry out any form of dredging in an area beyond national jurisdiction (whether or not involving the removal of any material from the sea or sea bed) if- (a) the dredging is carried on or controlled from a British vessel or British marine structure, or (b) the person carrying on, or causing or permitting any other person to carry on, the dredging is a United Kingdom person. 21. To deposit or use any explosive substance or article in an area beyond national jurisdiction either in the sea or on or under the sea bed, if- (a) the deposit or use is made or carried out from a British vessel, British aircraft, or British marine structure, (b) the deposit or use is made from a floating container controlled from a British vessel, British aircraft, or British marine structure, or (c) the person carrying on, or causing or permitting any other person to carry on, the deposit or use is a United Kingdom person. 22. To incinerate any substance or object at sea in an area beyond national jurisdiction on- (a) a British vessel or British marine structure, or (b) a container floating in the sea, if the incineration is controlled from a British vessel, British aircraft or British marine structure. 23. To incinerate any substance or object at sea in an area beyond national jurisdiction where the person carrying on, or causing or permitting any other person to carry on, the incineration is a United Kingdom person.'.

(3) In subsection (2)(a), for 'item 9' substitute 'items 9 and 20'.

(4) In subsection (2)(b)- (a) for 'items 12 and 13' substitute 'items 12, 13, 22 and 23'; (b) for 'items 11 and 12' substitute 'items 11, 12, 22 and 23'.

(5) After subsection (2)(b), insert- '(c) 'United Kingdom person' has the same meaning that it has in section 27(1) of the Biodiversity Beyond National Jurisdiction Act 2026.'.

(6) In subsection (3C)( 6 ), for 'In subsection (3A)' substitute 'In this section'.

13. After article 38 insert-

' Environmental impact assessments - areas beyond national jurisdiction

39. -(1) Article 4 applies to an activity- (a) in relation to which a notice has been given under regulation 11(3B)( 8 ) of the Marine Works (Environmental Impact Assessment) Regulations 2007( 9 ) (a notice stating that an activity does not require an environmental impact assessment), or (b) in relation to which a screening opinion has been given in accordance with paragraph 4A(2) of Schedule 2 to the Marine Works (Environmental Impact Assessment) Regulations 2007 stating that an environmental impact assessment is not required under regulation 8A( 10 ) of those Regulations.

(2) But article 4 does not apply unless such activity falls within item 15, 17, 18, 19, 20, 21 or 23.

Activities specified in section 21 of the Marine (Scotland) Act 2010

40. -(1) Article 4 applies to an activity that falls within paragraph (2).

(2) An activity falls within this paragraph if- (a) where the activity falls within item 14 or 15 (deposit in an area beyond national jurisdiction), the activity also falls within item 2 of the 2010 Act (deposit anywhere at sea from a vehicle loaded in Scotland etc); (b) where the activity falls within item 16 or 17 (scuttling of a vessel etc in an area beyond national jurisdiction), the activity also falls within item 4 of the 2010 Act (scuttling of a vessel anywhere at sea if towed from Scotland etc); (c) the activity is an incineration activity which falls within item 22 or 23 (incineration of any substance or object in an area beyond national jurisdiction), and the loading of the substance or object for incineration is an activity which falls within item 10 of the 2010 Act (to load a vehicle etc in Scotland with a substance or object for incineration anywhere at sea); (d) the activity falls within item 11 of the 2010 Act (deposit in an area beyond national jurisdiction by a Scottish person) and does not fall within item 3 (deposit anywhere in the sea from a vehicle etc loaded in the United Kingdom); (e) the activity falls within item 12 of the 2010 Act (scuttling of a vessel etc in an area beyond national jurisdiction by a Scottish person) and does not fall within item 6 (scuttling a vessel etc anywhere at sea if towed or propelled from the United Kingdom); (f) the activity is an incineration activity which falls within item 17 of the 2010 Act (incineration of any substance or object in an area beyond national jurisdiction by a Scottish person), and the loading of the substance or object for incineration is not an activity which falls within item 13 (to load a vehicle etc in the United Kingdom with any substance or object for incineration anywhere at sea); (g) the activity falls within item 13, 14, 15 or 16 of the 2010 Act (works activity, removal activity, dredging activity or deposit or use of explosives in an area beyond national jurisdiction by a Scottish person); (h) the activity- (i) falls within item 2 (deposit anywhere at sea except an area beyond national jurisdiction), (ii) falls within item 2 of the 2010 Act (deposit anywhere at sea from a vehicle loaded in Scotland etc), and (iii) does not occur within the UK marine licensing area; (i) the activity- (i) falls within item 5 (scuttling of a vessel etc anywhere at sea except an area beyond national jurisdiction), (ii) falls within item 4 of the 2010 Act (scuttling of a vessel anywhere at sea if towed or propelled from Scotland etc), and (iii) does not occur within the UK marine licensing area; (j) the activity is an incineration activity- (i) which falls within item 12 (incineration of any substance or object anywhere at sea except an area beyond national jurisdiction), (ii) where the loading of the substance or object for incineration is an activity which falls within item 10 of the 2010 Act (to load a vehicle etc in Scotland with a substance or object for incineration anywhere at sea), and (iii) which does not occur within the UK marine licensing area.

(3) In paragraph (2) a reference to a particular numbered item 'of the 2010 Act' is a reference to that numbered item in section 21(1) of the Marine (Scotland) Act 2010( 11 ) as that section has effect on the day on which this article comes into force.

Removal of submarine cables in areas beyond national jurisdiction

41. -(1) Article 4 applies to anything done in the course of removing an offshore stretch of exempt submarine cable in an area beyond national jurisdiction.

(2) But article 4 does not apply to an activity that falls within item 21.

(3) In this article, 'exempt submarine cable' means a submarine cable that is exempt within the meaning of section 81(5) of the Act.'