Extra fishing limits
The bill could be used to add more closures and red tape for existing fisheries if it is not applied carefully.
This bill became law on Apr 8th, 2026.
Climate, energy & environment
The bill would update Australian law to match a new global oceans agreement.
Australia could not ratify the new High Seas Biodiversity Treaty because domestic law did not yet implement its obligations for activities in areas beyond national jurisdiction. The bill creates that framework, aligning Australian law with the treaty and setting rules for marine protected areas, environmental assessments and marine genetic resources.
A new global High Seas Treaty had already created binding rules for protecting plants, animals and genetic resources in international waters, but Australia had no matching law for activities it controls there. After the treaty took effect and other countries ratified it, pressure grew because Australia still could not formally join, so this bill set the domestic rules needed for protected areas, environmental checks and sharing benefits from marine genetic resources.
The main concern was not the treaty goal itself, but how the bill could be used in practice. Critics said it should not lead to extra fishing closures or red tape, and warned that some parts may give officials too much power or leave too much detail to later rules.
The Labor government introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 08 Apr 2026
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
55 days
From introduction to the latest recorded parliamentary step
Meaning
The bill would update Australian law to match a new global oceans agreement. It applies to ocean and seabed areas outside any country’s control, not Australia’s own waters.
It would set rules for taking and using samples from sea plants, animals and microbes in the high seas, and for using genetic data from those samples. The rules deal with sharing benefits, supporting research, and helping countries build skills and access marine technology.
It would create a process for marine protected areas and other managed zones in the high seas. Countries could propose these areas, and the proposals would be considered through an international process.
It would require planned activities in these offshore areas to be checked for environmental risk. Australia could only approve activities it controls if it is satisfied that steps are in place to prevent serious harm to the marine environment.
The bill would also give the Commonwealth stronger powers to enforce these rules. These include audits, notices requiring information or documents, and civil penalties for not complying.
The BBNJ Agreement is an implementing agreement under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS provides the comprehensive legal framework within which all activities in the ocean and seas are carried out. UNCLOS contains a general obligation to protect and preserve the marine environment (Article 192) and several related rights and obligations. The BBNJ Agreement augments these rights and obligations by establishing a regime to conserve and sustainably use marine biological diversity in areas beyond national jurisdiction. Areas beyond national jurisdiction includes the water and seabed beyond the limits of national jurisdiction, that is, outside the exclusive economic zone and continental shelf that extend up to and sometimes beyond 200 nautical miles from States’ baselines.Explanatory memorandum
Part II of the BBNJ Agreement seeks to regulate activities with respect to marine genetic resources and digital sequence information from marine genetic resources in areas beyond national jurisdiction by imposing international obligations for benefit sharing, capacity development, research and innovation, and the development and transfer of marine technology.Explanatory memorandum
Part III of the BBNJ Agreement creates a framework for establishing area-based management tools (including marine protected areas) in areas beyond national jurisdiction to protect, preserve, restore and maintain biological diversity and ecosystems. Parties can submit proposals to establish area-based management tools, including marine protected areas, for consultation and then decision by the Conference of the Parties.Explanatory memorandum
only authorising planned activities after determining that appropriate measures have been put in place to prevent significant adverse impacts on the marine environment; andExplanatory memorandum
including audit and information gathering powers to ensure compliance with the Bill (including the ability to issue a notice to produce); andExplanatory memorandum
Context
A new global High Seas Treaty had already created binding rules for protecting plants, animals and genetic resources in international waters, but Australia had no matching law for activities it controls there. After the treaty took effect and other countries ratified it, pressure grew because Australia still could not formally join, so this bill set the domestic rules needed for protected areas, environmental checks and sharing benefits from marine genetic resources.
High Seas Treaty takes effect for ratifying countries
The agreement became the first binding global framework for biodiversity in international waters after enough countries ratified it.
ABC News ↗Australia moves to ratify treaty with enabling bill
Ministers said Australia needed domestic rules on protected areas, environmental checks and marine genetic resources before it could join the treaty.
Minister for Foreign Affairs ↗Coalition backs High Seas Bill, citing biodiversity damage
During Senate debate, support for the measure was linked to long-running concern about harm from activities such as deep-sea trawling.
OpenAustralia / Senate Hansard ↗Parliament passes bill needed before Australia can ratify
That completed the domestic legislative step required before Australia could formally become a party to the treaty.
iEnvironmental Australia ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The committee examined whether the bill affects personal rights, gives broad administrative powers, and leaves too much important detail to later rules. It asked the minister to explain and justify those parts.
Considered in published report
Scrutiny Digest 3 of 2026Members debated the bill in principle before the chamber decided whether to keep considering it.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Senators examined the bill in detail and considered amendments clause by clause. Amendment: 15 Australian Greens agreed to.
Committee of the Whole debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Members debated the bill in principle before the chamber decided whether to keep considering it.
The House sent the bill to the Federation ChamberA secondary House forum where bills can be debated before returning to the House for final decisions. so debate could continue in that parallel forum before reporting back to the House.
Referred to Federation ChamberA secondary House forum where bills can be debated before returning to the House for final decisions.
Members debated the bill in principle before the chamber decided whether to keep considering it.
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Key criticism
The main concern was not the treaty goal itself, but how the bill could be used in practice. Critics said it should not lead to extra fishing closures or red tape, and warned that some parts may give officials too much power or leave too much detail to later rules.
Support for the bill was otherwise broad, with most concern focused on safeguards, fairness and practical implementation.
Extra fishing limits
The bill could be used to add more closures and red tape for existing fisheries if it is not applied carefully.
Too much left to later rules
Some offences and official decisions may make it harder for people to defend themselves, and too much detail may be left to later rules instead of the bill itself.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments grouped by chamber. Where APH reports aggregate counts, the package card summarizes the matching public amendment sheets by source theme.
Senate
APH records 15 Australian Greens amendments agreed on the voices. The public amendment list groups them into 2 amendment sheets, so this page summarizes the package by source theme.
Passed on the voices
The chamber agreed to this amendment package without a counted vote. APH records the agreed count by amendment, while the source documents are grouped into amendment sheets.
Parliamentary debate
Start here — lead voices
Gallagher supports the bill as the legislation needed for Australia to ratify the High Seas Biodiversity Treaty, arguing it will strengthen protection and sustainable use of marine biodiversity beyond national jurisdiction.
Read in Hansard ↗Senator Roberts opposes the bill, arguing it hands excessive power to the United Nations, creates costly and intrusive bureaucracy, threatens fishing and marine research, and effectively enables large-scale ocean closures without clear financial limits.
Read in Hansard ↗Whish-Wilson clearly supports the bill, describing ratification of the UN high seas treaty as a historic and welcome step to regulate the largely lawless high seas and protect biodiversity and human rights.
Read in Hansard ↗Kate Chaney strongly supports the High Seas Biodiversity Bill 2026, arguing it ratifies the high seas treaty, creates legal mechanisms to protect biodiversity beyond national jurisdiction, and is an essential step for ocean governance and regional leadership.
Read in Hansard ↗All speeches by bloc
16 speakers · 15 support · 1 unclear
“Australia was proud to sign the high seas biodiversity treaty on 20 September 2023, the day it opened for signature, after playing an active role in its inception and development over two decades. Today I am proud to introduce the High Seas Biodiversity Bill. This implementing legislation will enable us to ratify the treaty, noting that the treaty entered into force on 17 January this year.”Read the full speech in Hansard ↗
“Australia was proud to sign the High Seas Biodiversity Treaty on 20 September 2023, the day it opened for signature after playing an active role in its inception and development over two decades. Australia is one of the few countries that needs to pass legislation to ratify a treaty and today I am proud to introduce the High Seas Biodiversity Bill. This implementing legislation will enable us to ratify the Treaty. And not a moment too soon, the Treaty entered into force generally on 17 January this year.”Read the full speech in Hansard ↗
“Senator CAROL BROWN (Tasmania) (12:00): 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.”Read the full speech in Hansard ↗
“Australia signed the treaty on the first day it opened for signature back in 2023. It has now entered into force internationally. Australia requires enabling legislation before we can ratify, and this bill provides the framework. It is important that we act swiftly. The first conference of the parties is expected in August this year, and Australia is currently co-chairing that preparatory commission. If we want to shape how international marine protected areas are established and managed, we must ratify in time to participate as a full party.”Read the full speech in Hansard ↗
“This bill is about the future. It is about ensuring that our children grow up in a world where wilderness still exists, not only on land but in the deep and distant parts of our oceans. There will always be those that say we should wait or do less, but climate change is not waiting, biodiversity loss is not waiting and ocean degradation is not waiting. This bill is a statement that Australia has turned a corner and that under Labor science, evidence and responsibility guide our environmental policy, not denial or delay. The High Seas Biodiversity Bill is Australia's contribution to a nature positive future. It strengthens our standing as a global environmental leader, a reliable regional partner and a nation willing to act when the moment demands it. I proudly commend the bill to the House.”Read the full speech in Hansard ↗
“I can get seasick in a bathtub, so it is with some apprehension that I venture mentally onto the high seas—but here we go. The high seas are the international marine waters beyond the jurisdiction of any country. These waters and the seabeds below them are essential to biodiversity, climate regulation and the overall health of marine ecosystems. Yet only around one per cent of them is currently protected. That is the gap this legislation helps address.”Read the full speech in Hansard ↗
“This legislation reflects a straightforward principle: the condition of our coastline is shaped by not only what we do within our borders but what occurs beyond them. For the people of Moore, this bill is a practical step in protecting the environment they rely on every day. It supports sustainable industry, sustains international cooperation and ensures Australia is contributing to the responsible management of the global ocean. For those reasons, I commend the bill to the House.”Read the full speech in Hansard ↗
“Australia has engaged in the more than 20 years of discussion and negotiations for this treaty, and we are co-chairing the process to prepare for the first meeting of the conference of the parties. This bill is necessary for Australia to ratify the treaty and to safeguard the health of our shared ocean, support our thriving ocean economy for future generations and maintain our hard earned reputation as a global ocean leader. I thank all members who have contributed to this debate. I also thank the many environmental non-government organisations that have campaigned for a long time to have this legislation passed. I also recognise the constructive engagement of a number of industry groups as we've developed this legislation. On that basis, I commend the bill to the chamber.”Read the full speech in Hansard ↗
“I am proud that the Albanese Labor government is a recognised leader when it comes to the high seas biodiversity treaty. We were one of the first countries to sign it and we have been leading, with Belize, the international negotiations to prepare the treaty for implementation. I support this bill wholeheartedly and am proud to be contributing to its passage through parliament.”Read the full speech in Hansard ↗
“Not a single law will solve this crisis overnight, but this is a critical step towards healthier oceans, stronger ecosystems and a more sustainable future. In this place, we can choose to lead. We can choose to act with courage, guided by science and responsibility. That's why I commend this bill to the House.”Read the full speech in Hansard ↗
“This bill is about responsibility: responsibility for our environment, responsibility for our communities and responsibility for future generations. The ocean connects us all, and protecting it is a shared task. In my electorate, people understand what is at stake. They see the ocean every day, they rely on it and they can expect us to act. This bill meets that expectation. It strengthens Australia's leadership, it protects our national interest and it contributes to a global effort to safeguard the health of our oceans. If we want our communities to continue to thrive, if we want our environment to be protected and if we want future generations to enjoy what we all enjoy today, then we must act. This bill is part of that action. I commend the bill to the House.”Read the full speech in Hansard ↗
“Australia has engaged in the more than 20 years of discussion and negotiations for this treaty, and we are co-chairing the process to prepare for the first meeting of the conference of the parties. I commend this bill because it is necessary for Australia to (1) ratify the treaty and safeguard the health of our shared ocean, (2) support our thriving ocean economy for future generations and (3) maintain our hard-earned reputation as a global ocean leader. I thank all members for their contributions and I commend the bill to the House.”Read the full speech in Hansard ↗
“The high seas treaty will create a comprehensive international legal structure dedicated to protecting and responsibly managing marine biodiversity in areas that lie beyond the control of individual nations, because the ocean and the environment don't see borders, but that doesn't mean that they don't deserve protection. It is designed to work alongside and to reinforce existing global and regional agreements, filling critical gaps in ocean governance where regulation has previously been limited. By promoting stronger cooperation and coordinated action among countries, the high seas treaty will play a pivotal role in safeguarding marine ecosystems, supporting sustainable use of ocean resources and maintaining ocean health. It will be a key mechanism in advancing the global commitment to conserve at least 30 per cent of the world's oceans by 2030.”Read the full speech in Hansard ↗
“I want to thank the advocates who helped get this over the line, including Drew Alsop and Damian Spruce from the Minderoo Foundation, as well as the Parliamentary Friends of the Ocean and the Parliamentary Friends of Sustainable Development. They've all worked really hard to put the environment at the forefront of what a good government does. Be it on this, be it on environmental law reform passed late last year or be it on setting an achievable and ambitious emissions reduction target, I hope that Australians know we have the environment and care for our ecosystems at the centre of what we do. We owe our existence today to a healthy planet, and today, by passing this bill, hopefully we take a step towards ensuring that the existence of this beautiful planet continues for generations to come. We don't have any other option; we need to look after this planet.”Read the full speech in Hansard ↗
“Ms TRISH COOK (Bullwinkel) (19:10): I rise today in support of the High Seas Biodiversity Bill 2026. For a nation like Australia, an island continent defined by its relationship with the sea, this legislation is a historic step towards securing the blue heart of our planet. Beyond our national waters lie the high seas. This vast expanse covers 60 per cent of the global ocean yet currently only one per cent of these waters are protected. Today, the Albanese government is acting on that.”Read the full speech in Hansard ↗
“So ratifying the high seas biodiversity treaty demonstrates Australia's commitment to international law and our commitment to better protecting our ocean and its marine life for future generations. I'm pleased to support this bill.”Read the full speech in Hansard ↗
5 speakers · 4 support · 1 mixed
“Protecting the high seas and feeding Australia are not competing objectives. We need this government, in the exact same breath as it passes this bill, to firmly commit to a domestic ocean governance framework that finally gives food production the exact same standing it currently gives conservation. My message to the government is incredibly simple: if this bill is to succeed, which it will—if it is to genuinely protect biodiversity while strengthening Australia's position globally—then the commercial fishing industry must be at the table from the very start, not as a token afterthought, not as a box-ticking consultation exercise, but as a respected, genuine partner, because, when you actually work with the industry, you get better policy, you get vastly better environmental outcomes and you get a much stronger, more resilient Australia.”Read the full speech in Hansard ↗
“In closing, the coalition supports this bill. We support it because it gives effect to a treaty that Australia helped negotiate. We support it because it provides a framework for protecting biodiversity in the high seas, and we support it because it aligns with Australia's longstanding commitment to responsible ocean stewardship, but that does not mean a blank cheque. We will continue to scrutinise the implementation of this treaty. We will continue to advocate for practical, efficient and effective regulation and will continue to hold the government to account for delays, for lack of detail and for any failure to deliver on its commitments. Australia has a proud record when it comes to managing our oceans. That record was strengthened under the coalition, and we intend to ensure that it's not diminished under this government.”Read the full speech in Hansard ↗
“In my time remaining, I would reinforce to the chamber this is an important bill, one that should pass the Senate as quickly as possible so that the great work of all the conservationists and all of those in the department can continue to protect our natural world.”Read the full speech in Hansard ↗
“We acknowledge the work of the government in bringing this bill forward. We will be looking to support this on a bipartisan basis. We look forward to questioning the government on its enforcement record, when it puts in place its new environmental bureaucracy. We hope that it is a bureaucracy which does more harm—does less harm than good. I'm trying to work on that one. 'Does more good than bad'—maybe that's a good one; what do you think? Good? You can't answer the question. So that's what we hope. We hope this will be a good proposal.”Read the full speech in Hansard ↗
“Mr KENNEDY (Cook) (19:06): The coalition proudly supports the High Seas Biodiversity Bill 2026. This legislation is necessary to finally put in place the UN high seas treaty after years of delay under Labor. The people of Cook are huge supporters of the ocean—as am I. Proudly announced as Australia's best beach in 2026, Bate Bay is the pride of the Sutherland Shire, much of Sydney and much of Australia.”Read the full speech in Hansard ↗
3 speakers · 3 support
“The Greens welcome this legislation, the High Seas Biodiversity Bill 2026, today to ratify the UN high seas treaty.”Read the full speech in Hansard ↗
“Right now, our oceans are under immense strain, and this is why the Greens welcome and support the High Seas Biodiversity Bill.”Read the full speech in Hansard ↗
“The Greens welcome this legislation, will be supporting it and regard it as a significant step forward.”Read the full speech in Hansard ↗
1 speaker · 1 oppose
“That's exactly what this bill does. For all the nice words—the fraudulent wording—around protecting fishing, this bill will give the United Nations, in their own words, the right to lock up 30 per cent of the world's oceans from fishing. In so doing, the world's hungry will lose billions of tonnes of food, of protein and of good nutrition. That's what you're all voting for. One Nation opposes this bill.”Read the full speech in Hansard ↗
4 speakers · 4 support
“I'm proud to advocate for and support this bill. It's a significant step in the right direction, providing a strong legal foundation for responsible stewardship of our global high seas. I commend the bill to the House.”Read the full speech in Hansard ↗
“The High Seas Biodiversity Bill 2026 establishes a long-overdue framework for protecting marine genetic resources, strengthening Australia's compliance with our international obligations and providing certainty for our scientific, commercial and research communities. It will contribute to advances in understanding and sustainable use of one of the largest and least understood parts of our beautiful planet. If properly enforced, it should ensure that Australia plays its part in safeguarding biodiversity and share in the benefits of those resources. I commend the bill to the House.”Read the full speech in Hansard ↗
“The high seas are not someone else's problem but are a problem of all of us. It's a living system that shapes our coasts, our weather, our fisheries and our future. This bill is a chance to move from signature to stewardship, to bring international commitments into Australian law with real enforcement, real transparency and real ambition. There is now a clear mandate to pass the bill, fund it and use it to protect our oceans.”Read the full speech in Hansard ↗
“Returning to the bill before us, the high seas treaty provides an opportunity to better manage existing and emerging risks in the deep ocean, such as bottom trawling, deep-sea mining and other activities where the environmental impacts are still uncertain. Having a framework that supports precaution and proper environmental assessment is essential, and this legislation is an important step. It establishes the framework we need to better protect the high seas, and ratifying it positions Australia to play a constructive role in that effort. I commend the government for bringing this bill forward, and I support its passage. I also acknowledge the work of the Australian environmental and conservation organisations, scientists and advocates who have contributed to this outcome over many, many years. Their efforts have been critical in getting us to this point. I commend this bill to the House.”Read the full speech in Hansard ↗
Record
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the whole: amendments considered
Detailed Senate review
Senators examined the bill in detail and considered amendments clause by clause. Amendment: 15 Australian Greens agreed to.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
House · Referred to Federation Chamber
Referred to Federation ChamberA secondary House forum where bills can be debated before returning to the House for final decisions.
The House sent the bill to the Federation ChamberA secondary House forum where bills can be debated before returning to the House for final decisions. so debate could continue in that parallel forum before reporting back to the House.
House · Second reading debate
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
House · Second reading debate
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Returned to House for further consideration
Returned to House for further consideration
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate Standing Committee for the Scrutiny of Bills
Considered in published report
The committee examined whether the bill affects personal rights, gives broad administrative powers, and leaves too much important detail to later rules. It asked the minister to explain and justify those parts.
Considered by scrutiny committee (25 Feb 2026): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 3 of 2026
Scrutiny Digest 3 of 2026