What UK Natural Environment and Rural Communities Act 2006: Natural England, the Biodiversity Duty and SSSIs requires
The Natural Environment and Rural Communities Act 2006 (the NERC Act) reorganises England's nature-conservation bodies and imposes a statutory biodiversity duty on public authorities. Part 1 establishes Natural England: section 1 constitutes Natural England as a body corporate, and section 2 sets its general purpose of ensuring that the natural environment is conserved, enhanced and managed for the benefit of present and future generations, contributing to sustainable development. Part 1 Chapter 2 originally established the Commission for Rural Communities (section 17 constitution and section 18 general purpose) to give voice to rural needs, a body since wound up with its functions transferred. Part 3 contains the wildlife and biodiversity provisions: section 40 imposes the biodiversity duty, requiring every public authority, in exercising its functions, to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity, a duty strengthened by later amendment to require authorities to determine and take action and to conserve and enhance biodiversity; section 40A requires biodiversity reports; and sections 41 and 42 provide for lists of species and habitats of principal importance for the conservation of biodiversity in England and Wales respectively. Part 4 deals with Sites of Special Scientific Interest, including section 55 offences in relation to SSSIs. The Act is the legal foundation for Natural England's regulatory and advisory role and for the biodiversity duty that now runs through the decision-making of every public authority in England.
Pillar: Water & Environmental Resources · Authority: UK Parliament / Department for Environment, Food and Rural Affairs and Natural England · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2006/16/contents
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Primary Citations — 8 traced to source
- Natural Environment and Rural Communities Act 2006, section 1 - constitution of Natural England as a body corporate.
- Natural Environment and Rural Communities Act 2006, section 2 - the general purpose of Natural England to conserve, enhance and manage the natural environment for present and future generations.
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