Carol Brown (Tasmania, Australian Labor Party) Share this | Hansard source

I rise to speak in support of the High Seas Biodiversity Bill 2026. This legislation gives effect to Australia's obligation under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation of Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, often referred to as the high seas biodiversity agreement. This legislation allows Australia to implement and ratify the global agreement that will help protect biodiversity on the high seas.

The high seas are the parts of the ocean that lie beyond the national waters of any country. They sit outside exclusive economic zones and are not under the direct control of any single nation. These areas make up the majority of the world's oceans. They cover roughly two-thirds of the ocean and around half of the planet's surface. Because they sit beyond national borders, they have historically been difficult to manage. No single country is responsible for protecting them, yet the health of these waters affects everyone. The ocean is one connected system. What happens in the high seas does not stay there. Ocean currents move nutrients, fish and pollution across the globe. The health of marine ecosystems far from our coastline can influence fisheries, weather patterns and biodiversity much closer to home. For that reason, protecting the biodiversity beyond national jurisdiction is not simply a theoretical international issue; it is central to the long-term health of the global ocean and it is in Australia's national interest.

But the high seas are under increasing pressure. Overfishing has placed growing strain on fish stocks in many parts of the world's oceans. Climate change is warming ocean waters and increasing the effects on coral reefs and marine ecosystems. Pollution, including plastics and other waste, is spreading across the ocean and accumulating in remote areas. Shipping activity continues to increase as global trade grows. And new activities, including potential deep-sea mining and expanding fishing technologies, are raising fresh questions about how we manage these areas sustainably. All of these pressures contribute to biodiversity loss.

Species that live in the open ocean or in the deep sea often grow slowly and reproduce over long periods of time. That means they can be particularly vulnerable to environmental change or overexploitation. Yet, historically, the high seas have lacked strong conservation rules. The United Nations Convention on the Law of the Sea, established under the basic legal framework for the oceans, did not include a comprehensive system for protecting biodiversity in areas beyond national jurisdiction. For decades, the international community recognised that gap, but negotiating a new agreement to address it was never going to be easy. The high seas are shared by every country in the world. Reaching agreement on how they should be governed requires cooperation across regions, industries and legal systems. That is why the agreement represents such an important achievement.

After many years of negotiation, the treaty was adopted at the United Nations in June 2023. It establishes a global framework for conserving and sustainably using marine biodiversity on the high seas. Australia signed the treaty shortly after it opened for signature and has supported the international work to bring it into effect. The agreement came into force earlier this year once the required number of countries had ratified it. This legislation ensures that Australia can now formally ratify the treaty and participate fully in its implementation.

The agreement is built around four key pillars. The first concerns marine genetic resources. Marine organisms often contain unique genetic materials that can be valuable for research, medicine and biotechnology. The treaty establishes rules around how these resources are collected and used and how benefits from them are shared fairly. The second pillar relates to area based management tools. This includes the ability to establish marine protected areas on the high seas. Just as national marine parks protect ecosystems within a country's waters, these international tools will allow countries to work together to protect important ecosystems beyond national jurisdictions. The third pillar focuses on environmental impact assessments. Before activities that could harm the marine environment take place in these areas, their impacts must be properly assessed. This helps ensure that development or research activities are carried out responsibly. The fourth pillar deals with capacity building and technology transfer. Many countries, particularly developing nations, do not yet have the scientific or technological capacity to monitor and protect marine biodiversity. The treaty creates mechanisms for sharing knowledge, technology and expertise so that protection efforts can be more effective across the globe. Together, these elements form the first comprehensive international system for protecting biodiversity on the high seas.

The legislation before the Senate today is the mechanism that allows Australia to implement those commitments in domestic law. The High Seas Biodiversity Bill establishes the legal framework necessary for Australia to meet its obligations under the treaty. It regulates the collection and use of marine genetic resources by Australian entities operating in areas beyond national jurisdiction. It establishes a system for recognising and implementing international marine protected areas created under the treaty. It introduces an environmental impact assessment process for certain activities carried out by Australian entities that may affect the marine environment beyond our national jurisdiction, and it creates mechanisms to ensure transparency, monitoring and compliance with these requirements.

Legislation like this is necessary because Australia, like a small number of other countries, requires enabling legislation before ratifying certain international treaties. Passing this bill means that Australia can formally ratify the BBNJ agreement and participate fully in the decision-making process that will follow, and that includes the first conference of the parties under the treaty, which is expected to take place later this year. Participation, as we all know, in that forum will matter. I commend the bill before the Senate.