Australia’s High Seas Treaty enters into force: delivering on a milestone BCSDA supported
23 October 2026 | Nature Action
BCSD Australia welcomes the entry into force of the High Seas Biodiversity Treaty for Australia on 23 October 2026, marking an important milestone in international cooperation to conserve and sustainably use marine biodiversity beyond national jurisdiction.
Australia formally ratified the Agreement on 23 September 2026. Thirty days later, the Treaty entered into force for Australia, alongside the commencement of the High Seas Biodiversity Act 2026.
The Agreement, formally known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, entered into force internationally on 17 January 2026. It provides a framework for international cooperation on marine protected areas and other area-based management tools, environmental impact assessments, marine genetic resources, and capacity building and technology transfer.
These arrangements are significant for ocean conservation and for the long-term sustainability of economic activity dependent on healthy marine ecosystems.
BCSDA supported Australia's ratification
On 17 July 2024, BCSD Australia made a formal submission to the Parliamentary Joint Standing Committee on Treaties supporting Australia's ratification and implementation of the BBNJ Agreement. BCSDA subsequently appeared before the Committee at its public hearing on 5 September 2024, represented by CEO Andrew Petersen. The evidence addressed the business case for sustainable ocean governance and the practical implications of implementing the Agreement.
The Committee's October 2024 report referenced BCSDA's written submission and oral evidence and recommended that Australia take binding treaty action. Our submission identified six priorities:
1. Ratification: Australia's participation in stronger international governance of marine biodiversity.
2. Domestic legislation: A robust framework for implementing the Agreement's obligations.
3. Stakeholder engagement: Meaningful involvement of business, research institutions, civil society and other relevant stakeholders.
4. Capacity building and technology transfer: Strengthening scientific cooperation, particularly with developing countries in the Indo-Pacific.
5. Environmental impact assessments: Transparent assessment informed by the best available science and relevant traditional knowledge.
6. Monitoring and reporting: Effective mechanisms to track implementation, compliance and environmental outcomes.
BCSDA's position was that stronger international ocean governance should combine biodiversity conservation with clear, practical arrangements supporting sustainable economic activity, scientific cooperation and long-term business resilience.
Australia's ratification delivers the central policy outcome BCSDA supported in 2024. The commencement of domestic legislation also represents progress on several implementation matters addressed in our submission.
What the new framework means for business
The High Seas Biodiversity Act 2026 provides Australia's domestic framework for implementing key Treaty obligations. It includes arrangements concerning area-based management tools, environmental assessment and approval of relevant activities, and the management of marine genetic resources, including reporting and record keeping.
For businesses whose activities may fall within the legislation's scope, the immediate priority is understanding whether the new requirements apply and what assessment, referral, approval or reporting processes may be relevant.
More broadly, the Agreement creates opportunities for improved international cooperation, marine science, responsible resource management and greater consistency in environmental decision-making. BCSDA considers that clear implementation guidance, effective stakeholder engagement and proportionate regulatory administration will be important to delivering the Agreement's environmental objectives while providing certainty for affected businesses.
From ratification to implementation
Australia's commencement of the Act marks the beginning of a new phase of practical delivery.
The Australian Government recently completed consultation on implementation of the High Seas Biodiversity Act. The next important international milestone is the first Conference of the Parties to the BBNJ Agreement, scheduled for 11–22 January 2027 in New York.
Attention will increasingly turn to the operation of governance arrangements, conservation measures, assessment processes, scientific cooperation, finance and capacity building. These priorities also connect with the wider international objective of protecting and conserving at least 30 per cent of the ocean by 2030.
Through its Nature Action programme, policy engagement and international business networks, BCSD Australia will continue to follow the implementation of the Agreement and its implications for Australian business.
Australia's ratification is an important achievement. The measure of its long-term success will be effective implementation that delivers measurable conservation outcomes alongside sustainable economic activity.
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