The Marine Licensing (Miscellaneous Provisions) (Amendment etc.) Order 2026 introduces changes to the Marine and Coastal Access Act 2009 and related orders. The changes extend the scope of marine licensable activities to areas beyond national jurisdiction (ABNJ).
This article explains the scope of the changes, who they apply to and the potential consequences of non-compliance.
The order extends the geographical scope of the marine licensing regime to certain activities carried out in areas beyond national jurisdiction. As a result, activities undertaken by UK individuals and organisations, or from British vessels, aircraft and marine structures, may now require a marine licence even where they take place beyond national jurisdiction.
The UK formally ratified the ‘Biodiversity Beyond National Jurisdiction Agreement’ on 10 July 2026, entering into force in the UK 30 days later. One of the aims of this agreement is to support the conservation and sustainable use of marine biodiversity beyond national jurisdiction.
On the 9 August 2026 the Marine Management Organisation (MMO) released new guidance about marine licensing in ABNJ which can be accessed here.
The changes apply to United Kingdom natural and legal persons operating in ABNJ. This encompasses individuals who are British citizens or habitually resident in the United Kingdom, as well as organisations formed under the law of any part of the United Kingdom. In practice, ABNJ will generally be located more than 200 nautical miles from a state's coastline, although the precise limits will need to be determined on a case-by-case basis.
Any person intending to undertake any of the activities listed below outside of national jurisdiction should consider at an early stage whether a marine licence is required. For some activities, this depends on whether environmental screening thresholds or exemptions apply. The MMO guidance makes clear that you should not assume your activity is exempt. The MMO must confirm whether an exemption applies.
Under the United Nations Convention on the Law of the Sea, the high seas are all parts of the sea that are not included in an Exclusive Economic Zone, which is typically out to 200 nautical miles, territorial sea or internal or archipelagic waters of any state.
The ‘Area’ refers to the sea bed and ocean floor and subsoil, beyond the limits of national jurisdiction. This excludes any sea bed, ocean floor or subsoil over which a state has jurisdiction.
What is a United Kingdom person?“United Kingdom person” means— (a) an individual who is a British citizen or habitually resident in the United Kingdom, or (b) a person [organisation] that is incorporated or formed under the law of any part of the United Kingdom;” “Areas beyond national jurisdiction” means – “the high seas and the Area.” |
A marine licence may be required for certain activities when carried out beyond national jurisdiction by:
or from, a British vessel, British aircraft, British marine structure, a floating container controlled by the same; or
a United Kingdom person – whether that be by direct involvement or by instruction, control, authorisation or permission of another to do so.
The activities include:
Depositing materials – placing or depositing any substance or object either in the sea or under the sea bed.
Scuttling – deliberately sinking a vessel or floating container.
Works – constructing, altering, or improving any works in or over the sea or on or under the sea bed.
Removal – removing any substance or object from the sea bed.
Dredging – carrying out any form of dredging, whether or not removing any material from the sea or sea bed.
Explosives – depositing or using an explosive substance or article in the sea or on or under the sea bed.
Incineration - incinerating (burning or combusting) any substance or object at sea.
Usually laying or maintaining an offshore stretch of submarine cable will be exempt, but must be considered on a case-by-case basis.
The MMO guidance sets out that the ‘controlling’ of an activity includes ‘causing or permitting another person to carry on that activity’, including by ‘managing, directing or otherwise being responsible for the activity, whether directly or through another person or organisation.’
As set out in the MMO guidance, some activities in ABNJ are regulated by the Scottish marine licensing regime instead of the MMO.
In particular this may apply to:
deposit, scuttling or incineration activity where the loading, towing or propelling element takes place in Scotland or the Scottish marine area
activities carried out or controlled by a Scottish person
This is achieved through a separate order: The Marine Licensing (Miscellaneous Amendment) (Scotland) Order 2026, which introduces changes to the Marine (Scotland) Act 2010.
What is a Scottish person?“Scottish person” means— (i) an individual who is habitually resident in Scotland, or (ii) a person who is not an individual, where that person— a) has its registered office in Scotland, b) in a case where it has no registered office, has its place of incorporation in Scotland or is otherwise formed under the law of Scotland” |
Carrying out any of the above activities without the required marine licence, or failing to comply with a licence condition, is a criminal offence.
On summary conviction, offenders may face a fine of up to £50,000. More serious offences prosecuted on indictment can result in an unlimited fine, up to two years' imprisonment, or both.
Ashfords marine team has extensive experience in advising on marine licensing requirements and supporting clients through the marine licensing process.
For more information, please contact Lara Moore and Emily Woof.
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