Introduction

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Introduction

The Natural Environment and Rural Communities Act came into force in England and Wales on the 1st October 2006.  

Section 40 of the Act states that:

“Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity”.

The duty affects over 900 public bodies including Local Authorities. 

Guidance on how this might be implemented by Public Bodies and Local Authorities was published on the 22nd of May 2007. 

In 2009 Defra intend to review progress with implementation of the duty. The Guidance states that “In demonstrating that it has implemented its Duty a public authority is likely to be able to show that it has:

1.       Identified and taken opportunities to integrate biodiversity

2.       considerations into relevant service areas and functions, and ensured that biodiversity is protected and enhanced in line with current statutory obligations;

3.       Raised awareness of staff and managers with regard to biodiversity issues;

4.       Demonstrated a commitment and contribution to Biodiversity Action Plans, where appropriate;

5.       Demonstrated progress against key biodiversity indicators and targets.”