High Seas Biodiversity Rules 2026

Contents

1 Name #

This instrument is the High Seas Biodiversity Rules 2026.

2 Commencement #

These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.

(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The later of:(a) the day after this instrument is registered; and(b) the day the High Seas Biodiversity Act 2026 commences.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority #

This instrument is made under the High Seas Biodiversity Act 2026.

4 Definitions #

Note: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:

(a) Australia

(b) collection activity;

(d) digital sequence information;

(e) foreign country;

(f) holder;

(g) marine genetic resources;

(h) notifying entity;

(i) post-collection matters;

(j) post-collection notice;

(k) pre-collection matters;

(l) pre-collection notice;

(m) regulated database;

(n) regulated repository;

(o) utilisation activity;

(p) utilisation matters;

(q) utilisation notice.

In this instrument:

Act means the High Seas Biodiversity Act 2026.

free, prior and informed consent, in relation to the access or use of traditional knowledge, may include the approval and involvement of the relevant Indigenous Peoples and local communities who hold that knowledge or their authorised representatives.

traditional knowledge means traditional knowledge associated with marine genetic resources in areas beyond national jurisdiction that is held by Indigenous Peoples and local communities.

5 Contents of pre-collection notice—other prescribed information #

(1)For the purposes of paragraph 21(1)(c) of the Act, this section prescribes other information that must be included in a pre-collection notice for a collection activity.

(2)The information is the following:

(a)if any traditional knowledge has been, or is proposed to be, accessed or used for the purposes of a collection activity—evidence that:

(i)the notifying entity for the collection activity, or another person, has obtained free, prior and informed consent for the access or use of the knowledge from the relevant Indigenous Peoples or local communities who hold that knowledge, or their authorised representatives; and

(ii)the access or use of the knowledge has been, or is proposed to be, consistent with that consent; or

(b)if traditional knowledge has not been, and is not proposed to be, accessed or used for the purposes of a collection activity—a statement to that effect.

6 Contents of post-collection notice—other prescribed information #

(1)For the purposes of paragraph 25(1)(d) of the Act, this section prescribes other information that must be included in a post-collection notice for a collection activity.

(2)The information is the following:

(a)if any traditional knowledge has been accessed or used for the purposes of the collection activity —evidence that:

(i)the holder of the collection notification certificate, a notifying entity for a utilisation activity, or another person, obtained free, prior and informed consent for the access or use of the knowledge from the relevant Indigenous Peoples or local communities who hold that knowledge, or their authorised representatives; and

(ii)the access or use of the knowledge was consistent with that consent; or

(b)if traditional knowledge was not accessed or used for the purposes of the collection activity— a statement to that effect.

(3)Subsection (2) does not apply to the extent that the same information was included in a pre-collection notice for the collection activity given under section 20 of the Act.

7 Contents of utilisation notice—other prescribed information #

(1)For the purposes of paragraph 35(1)(d) of the Act, this section prescribes other information that must be included in a utilisation notice for a utilisation activity.

(2)The information is the following:

(a)if any traditional knowledge has been, or is proposed to be, accessed or used for the purposes of a utilisation activity—evidence that:

(i)the notifying entity for the utilisation activity, or another person, has obtained free, prior and informed consent for the access or use of the knowledge from the relevant Indigenous Peoples or local communities who hold that knowledge, or their authorised representatives; and

(ii)the access or use of the knowledge has been, or is proposed to be, consistent with that consent; or

(b)if traditional knowledge has not been, and is not proposed to be, accessed or used for the purposes of the utilisation activity—a statement to that effect.

8 Regulated databases and regulated repositories #

(1)For the purposes of subsection 19(1) of the Act, all databases, whether administered in Australia or a foreign country, in which digital sequence information may be deposited are prescribed.

(2)For the purposes of subsection 19(2) of the Act, all repositories, whether located or administered in Australia or a foreign country, in which marine genetic resources or digital sequence information may be deposited are prescribed.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The later of:(a) the day after this instrument is registered; and(b) the day the High Seas Biodiversity Act 2026 commences.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

High Seas Biodiversity Rules 2026

1 Name #

2 Commencement #

3 Authority #

4 Definitions #

5 Contents of pre-collection notice—other prescribed information #

6 Contents of post-collection notice—other prescribed information #

7 Contents of utilisation notice—other prescribed information #

8 Regulated databases and regulated repositories #

Defined terms · 3

History · 1 version

Key facts

1 Name #

2 Commencement #

3 Authority #

4 Definitions #

5 Contents of pre-collection notice—other prescribed information #

6 Contents of post-collection notice—other prescribed information #

7 Contents of utilisation notice—other prescribed information #

8 Regulated databases and regulated repositories #