The following notes give a brief overview of significant legislation referenced by the Act.
	Part 4 of the Marine and Coastal Access Act 2009 1 establishes a system for licensing the carrying on of activities in the marine environment. Anyone carrying on or causing or permitting any other person to carry on, an activity mentioned in section 66 will need to obtain a licence from the appropriate licensing authority, subject to any exemption provided for in the Act. The 2009 Act is amended by Part 4 of this Act to ensure alignment with the BBNJ EIA requirements in respect of activities in ABNJ.
	The Marine Works (EIA) Regulations 2007 2 make provision requiring EIAs to be carried out prior to the granting of consent for certain regulated activities. These Regulations apply, among other activities, to activities requiring a marine licence, or variation of a marine licence, under Part 4 of the Marine and Coastal Access Act 2009. The 2007 Regulations are amended by Part 4 of this Act to ensure alignment with the BBNJ EIA requirements in respect of activities in ABNJ.
	Part 4 of the Marine (Scotland) Act 2010 3 establishes a system for the licensing of certain marine activities by the Scottish Ministers. Anyone carrying on or causing or permitting any other person to carry on, an activity mentioned in section 21 must obtain a licence from the Scottish Ministers, subject to any exemptions or special cases provided for by virtue of sections 32 to 37. The 2010 Act is amended by Part 4 of this Act to ensure alignment with the BBNJ EIA requirements in respect of activities in ABNJ.
	The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 4 make provision requiring EIAs to be carried out prior to the granting of consent for certain regulated activities. These Regulations apply, among other activities, to activities requiring a marine licence, or variation of a marine licence, under Part 4 of the Marine (Scotland) Act 2010. The 2017 Regulations are amended by Part 4 of this Act to ensure alignment with the BBNJ EIA requirements in respect of activities in ABNJ.
	The Levelling Up and Regeneration Act 2023 5 makes a number of changes to existing legislation including in the areas of local government, planning and compulsory purchase. Amongst a range of other provisions, Part 6 of the 2023 Act allows for the replacement of the EU environmental assessment system with a new framework for Environmental Outcome Reports (EORs). Section 26 of the BBNJ Act amends the Levelling-up and Regeneration Act 2023 to ensure that EORs can apply to planned marine activities in ABNJ. This ensures that the BBNJ Agreement can be implemented through any future EOR framework.
	The Merchant Shipping Act 1995 6 provides the principal legal framework governing the registration, safety and regulation of ships in the UK. The Act defines key terms such as "British ship", a term which is used in the BBNJ Act as part of its definition of "UK craft". This term has a wider scope in the BBNJ Act, however, to encompass and impose obligations also on innovative marine craft, which may not come within the definition of "ship" but may be used to gather MGR. The Merchant Shipping Act 1995 also provides the framework for enforcement powers at sea, including those set out in Part 10 relating to the powers of enforcement officers to board, inspect and detain ships, which may be applied by regulations made under Section 14 of the BBNJ Act in the context of ABMTs. The BBNJ Act draws on the 1995 Merchant Shipping Act’s definitions and enforcement structures to ensure consistency with existing maritime legislation.
Legal Background