Section 24 makes changes to the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (the 2017 Regulations) that are necessary for the purpose of implementing the United Kingdom’s obligations under Part IV the BBNJ Agreement in respect of an activity in an ABNJ and in relation to a Scottish licensable marine activity.
	Section 24 subsection (2)(a) inserts definitions of "area beyond national jurisdiction", "BBNJ works" and "the Biodiversity Beyond National Jurisdiction Agreement" into Regulation 2(1) of the 2017 Regulations.
	Section 24 subsection (2)(b) updates the definition of an "EIA project". It inserts a new criterion to include BBNJ works in the definition of an EIA project where there are reasonable grounds for believing that the BBNJ works may cause (i) substantial pollution, or (ii) significant and harmful changes to, the marine environment.
	Section 24 subsection (2)(c) updates the definition of "environmental information" in regulation 2 paragraph (1) of the 2017 Regulations to include a new paragraph (e). This adds, in relation to BBNJ works that are also an EIA project, any other matter necessary to give effect to Articles 31(1)(b) and (c) of the BBNJ Agreement. The effect of this is that for those works such matters will fall within the definition of "environmental information" in regulation 2 paragraph (1) of the 2017 Regulations.
	Section 24 subsection (2)(d) inserts additional wording to make reference to paragraph (1B) to support the definition of regulated activity.
	Section 24 subsection (2)(e) inserts new paragraphs 1A and 1B after regulation 2 paragraph (1) of the 2017 Regulations. Paragraph 1A sets out that terms used in paragraph (c)(i) and (ii) of the definition of an "EIA project" should be understood in the same way as they are understood in the BBNJ Agreement, especially Article 30(1)(b). Paragraph 1B sets out that where someone applies for a marine licence or a variation to a marine licence under the Marine (Scotland) Act 2010 for an activity in ABNJ and the requirement for a licence or variation of a licence depends on the application of the 2017 Regulations, those regulations apply unless and until applying the Regulations would lead to a different result. Regulations could be used in future under the Marine (Scotland) Act 2010 to establish that an activity is exempt from requiring a marine licence if it does not require an EIA under the 2017 Regulations. In this circumstance, section 24 subsections (2)(d) and (e) would mean that a screening under the 2017 Regulations could still take place to determine if an EIA is required and consequently if a marine licence is required.
	Section 24 subsection (3) amends regulation 8 of the 2017 Regulations which sets out when Scottish Ministers, as decision-makers, can defer to another EIA rather than carrying out a new separate assessment. This inserts paragraph (4A) to enable the decision maker to decide that an EIA is not required in relation to BBNJ works where they are satisfied that another person or authority has carried out, is carrying out or will carry out an equivalent assessment in relation to the activity that is subject to regulation. Paragraph (4C) provides that an equivalent assessment is one which is sufficient to meet the requirements of Part IV of the BBNJ Agreement. It also inserts paragraph (4B) which provides that Scottish Ministers may not grant a regulatory approval based on a deferral made under subsection (4A) unless they are satisfied that doing so is compatible with the UKs obligations under Part IV of the Biodiversity Beyond National Jurisdiction Agreement.
	Section 24 subsection (4) amends regulation 9 of the 2017 regulations in relation to general provisions relating to screening.
	Section 24 subsection (4)(c) ensures that in the case of screening BBNJ works regard must be given to any other matter necessary to ensure that the requirements of Article 30(1)(b) of the BBNJ Agreement are met.
	Section 24 subsection (4)(d) inserts an additional paragraph (2A) to regulation 9 to ensure that, where Scottish Ministers adopt a position that a BBNJ works is not an EIA project, the screening opinion must contain information stating whether (a) the works may have more than a minor or transitory effect on the marine environment, or (b) the effects of the works are unknown or poorly understood. New paragraph (2B) confirms that the terms in paragraph (2A) (a) and (b) should be understood in the same way as in the BBNJ Agreement in particular Article 30(1).
	Section 24 subsection (5) amends regulation 12 of the 2017 Regulations relating to application without prior screening.
	Section 24 subsection (5)(a) adds the term "BBNJ works" to paragraph 1(a) of regulation 12. It also removes superfluous "or an application to carry out" wording in the same paragraph.
	Section 24 subsection (5)(b) substitutes a new paragraph (2) to provide that where the application appears to relate to proposed schedule 1 or schedule 2 works, the Scottish Ministers must adopt a screening opinion in relation to the proposed works.
	Section 24 subsection (5)(c) inserts paragraph (2A) which provides that where Scottish Ministers are of the opinion that the application relates to proposed BBNJ works they must adopt a screening option where they consider either that (a) the works may have more than a minor or transitory effect on the marine environment, or (b) the effects of the works are unknown or poorly understood. This subsection also inserts additional paragraph (2B). This provides that, where Scottish Ministers decide that the paragraph (2A) does not apply to the proposed works they must provide the applicant with a notice stating that an Environmental Impact Assessment is not required. This subsection also inserts Paragraph (2C) which provides that the terms in paragraph (2A)(a) and (b) should be understood in the same way as in the BBNJ Agreement in particular Article 30(1).
	Section 24 subsection (5)(d) adds a reference to "BBNJ works" in regulation (12) paragraph (3) of the 2017 Regulations.
	Section 24 subsection (6) ensures that Scottish Ministers can adopt a screening report for BBNJ works as set out in paragraph (2A) (inserted by subsection (5)).
	Section 24 subsection (7) makes changes to Schedule 4 of the 2017 Regulations (information for inclusion in environmental impact assessment reports). This enables additional information to be required in the EIA accompanying the licensing application as needed to meet the requirements set out in Article 31(1)(c) of the BBNJ Agreement. This could include, for example, the need to consider the best scientific information and relevant knowledge of traditional communities and local populations.
Part 4 – Environmental Impact Assessments Section 24: Screening and Procedure (Scotland)