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by Munro Research

Conservation and Sustainable Use of Marine Biological Diversity (Ratification of Treaty) Bill


Official Summary

A Bill to make provision in connection with the ratification by the United Kingdom of 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.

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Overview

This bill aims to allow the UK to ratify the UN treaty on protecting biodiversity in international waters (the "High Seas Treaty"). It sets out how the UK government will implement the treaty's requirements, including creating new powers to protect marine life beyond UK territorial waters.

Description

The bill mandates the UK government to ratify the High Seas Treaty. It grants the government the power to create Orders in Council ("Implementation Orders") to enact the treaty's provisions. These Orders can:

  • Amend existing laws.
  • Create new regulations, prohibitions, and requirements (including information-sharing).
  • Set fees.
  • Establish criminal and civil penalties for non-compliance.
  • Provide for review and appeals.

However, Implementation Orders cannot:

  • Introduce or increase taxes.
  • Be retroactive.
  • Create serious criminal offences.
  • Amend the Human Rights Act 1998 or similar legislation.
  • Affect devolved matters without consent from devolved administrations.
  • Apply to high seas activities outside UK jurisdiction, except for UK citizens, ships, and aircraft.

All Implementation Orders must be approved by both Houses of Parliament, unless deemed urgent.

Government Spending

The bill provides for government spending on implementing the treaty and covering any payments the UK government makes under the High Seas Treaty. Any fees collected under Implementation Orders will go to the Consolidated Fund.

Groups Affected

  • UK Government: Responsible for treaty ratification and implementation.
  • Devolved administrations (Scotland, Wales, Northern Ireland): Their consent is required for Implementation Orders affecting devolved matters.
  • Businesses operating in international waters: Potentially subject to new regulations and fees.
  • Environmental groups: Potentially impacted by the level of enforcement and protection afforded to marine life.
  • Individuals involved in activities affecting international waters: May face new legal restrictions and potential penalties.
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