Part 1 Preliminary

Citation, commencement and extent

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.

Designation of activities

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).

Part 2 Amendment of the Marine and Coastal Access Act 2009

Amendment of the Marine and Coastal Access Act 2009

3. The Marine and Coastal Access Act 2009 is amended in accordance with this Part.

Amendment to section 66 (licensable marine activities)

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—

(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”.

Amendment to section 69 (determination of applications)

5. In section 69(2), after “item 7” insert “or item 18”.

Amendment to section 71 (licences)

6. In section 71(5), after “item 7” insert “or item 18”.

Part 3 Amendment of the Marine Licensing (Exempted Activities) Order 2011

Amendment of the Marine Licensing (Exempted Activities) Order 2011

7. The Marine Licensing (Exempted Activities) Order 2011(7) is amended in accordance with this Part.

Amendment to article 6 (interpretation of this Part)

8.—(1) Article 6 is amended as follows.

(2) In paragraph (1), at the end insert “except as otherwise provided”.

(3) In paragraph (2)—

(a)for sub-paragraph (a) substitute—

“(a)a reference to a “deposit” is a reference to a deposit falling within—

(i)item 1 (deposit within the UK marine licensing area etc), 2 (deposit from British vessels etc anywhere at sea etc), 3 (deposit from vehicle, vessel etc loaded in United Kingdom except Scotland or the UK marine licensing area), 14 (deposit from British vessels etc in an area beyond national jurisdiction) or 15 (deposit in an area beyond national jurisdiction by a United Kingdom person), or

(ii)except as otherwise provided, item 10 (deposit of explosives within the UK marine licensing area etc) or 21 (deposit of explosives in an area beyond national jurisdiction etc);”;

(b)in sub-paragraph (b), at the end insert “or 20 (dredging in an area beyond national jurisdiction etc)”;

(c)in sub-paragraph (c), at the end insert “or 19 (use of a vessel etc to remove substance or object from the sea bed in an area beyond national jurisdiction)”;

(d)in sub-paragraph (d), at the end insert “or 18 (construction, alteration or improvement of works in an area beyond national jurisdiction etc)”.

Amendment to article 16 (deposit of equipment to control, contain or recover oil etc)

9. In article 16(2), at the end insert “or 21”.

Amendment to article 22 (deposits in the course of normal navigation or maintenance)

10. In article 22(2)(b), at the end insert “or 21”.

Amendment to article 28 (dismantling of ships)

11. In article 28(2), at the end insert “or 21”.

Amendment to article 34 (cables and pipelines – authorised emergency inspection and repair)

12. In article 34(3), after “item 10” insert “or 21”.

Insertion of article 39, 40 and 41

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.”.

Part 4 Amendment of the Marine Licensing (Register of Licensing Information) Regulations 2011

Amendment of the Marine Licensing (Register of Licensing Information) Regulations 2011

14. The Marine Licensing (Register of Licensing Information) Regulations 2011(12) are amended in accordance with this Part.

Amendment to regulation 6 (deposit of substances or objects)

15. In regulation 6(1), for “item 1, 2 or 3” substitute “item 1, 2, 3, 14 or 15”.

Amendment to regulation 7 (scuttling)

16. In regulation 7(1), for “item 4, 5 or 6” substitute “item 4, 5, 6, 16 or 17”.

Amendment to regulation 8 (construction, alteration or improvement of works)

17. In regulation 8(1), after “item 7” insert “or 18”.

Amendment to regulation 9 (use of vehicle etc to remove substances or objects from sea bed)

18. In regulation 9(1), after “item 8” insert “or 19”.

Amendment to regulation 10 (dredging)

19. In regulation 10(1), after “item 9” insert “or 20”.

Amendment to regulation 11 (deposit or use of explosives)

20. In regulation 11(1), after “item 10” insert “or 21”.

Amendment to regulation 12 (incineration or loading vehicle etc for incineration)

21. In regulation 12(1), for “item 11, 12 or 13” substitute “item 11, 12, 13, 22 or 23”.