Biodiversity Beyond National Jurisdiction Act 2026
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Change 1
23 Licensable marine activities
(1) In the Marine (Scotland) Act 2010 (asp 5), Part 4 (marine licensing) is amended as follows. (2) In section 21 (licensable marine activities), after subsection (3) (power to add or remove licensable marine activities) insert— (3A) An order under subsection (3) that adds an activity may designate the activity as activity added in contemplation of the United Kingdom’s obligations— (a) under Part 3 of the Biodiversity Beyond National Jurisdiction Agreement (area-based management tools), or (b) in respect of an activity that takes place in an area beyond national jurisdiction, under Part 4 of that Agreement (environmental impact assessments). (3B) Where an order contains provision within subsection (3A), the related provision that may be made in the order in reliance on section 165(1)(b) (consequential etc provision) includes provision amending an enactment (whenever passed or made). (3C) In subsection (3A)— “area beyond national jurisdiction” has the meaning that it has in the Biodiversity Beyond National Jurisdiction Agreement (see Article 1); “the Biodiversity Beyond National Jurisdiction 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, opened for signature at New York on 20 September 2023. (3) In section 32 (exemptions to requirements for marine licences), after subsection (4) insert— (4A) Where an order under this section applies to activity designated under section 21(3A), the related provision that may be made in the order in reliance on section 165(1)(b) (consequential etc provision) includes provision amending an enactment (whenever passed or made). (4) In section 37 (submarine cables)— (a) in subsection (1), at the end insert “, subject to subsection (5A)”; (b) after subsection (5) insert— (5A) This section does not prevent the application of this Part in relation to activity designated under section 21(3A).
23 Licensable marine activities
(1) In the Marine (Scotland) Act 2010 (asp 5), Part 4 (marine licensing) is amended as follows. (2) In section 21 (licensable marine activities), after subsection (3) (power to add or remove licensable marine activities) insert— (3A) An order under subsection (3) that adds an activity may designate the activity as activity added in contemplation of the United Kingdom’s obligations— (a) under Part 3 of the Biodiversity Beyond National Jurisdiction Agreement (area-based management tools), or (b) in respect of an activity that takes place in an area beyond national jurisdiction, under Part 4 of that Agreement (environmental impact assessments). (3B) Where an order contains provision within subsection (3A), the related provision that may be made in the order in reliance on section 165(1)(b) (consequential etc provision) includes provision amending an enactment (whenever passed or made). (3C) In subsection (3A)— “area beyond national jurisdiction” has the meaning that it has in the Biodiversity Beyond National Jurisdiction Agreement (see Article 1); “the Biodiversity Beyond National Jurisdiction 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, opened for signature at New York on 20 September 2023. (3) In section 32 (exemptions to requirements for marine licences), after subsection (4) insert— (4A) Where an order under this section applies to activity designated under section 21(3A), the related provision that may be made in the order in reliance on section 165(1)(b) (consequential etc provision) includes provision amending an enactment (whenever passed or made). (4) In section 37 (submarine cables)— (a) in subsection (1), at the end insert “, subject to subsection (5A)”; (b) after subsection (5) insert— (5A) This section does not prevent the application of this Part in relation to activity designated under section 21(3A).
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