DEPARTMENT FOR
ENVIRONMENT, FOOD AND RURAL AFFAIRS News Release (News Release ref
:143/07) issued by The Government News Network on 22 May 2007
Guidance on the
biodiversity duty under Section 40 of the Natural Environment and
Rural Communities Act (NERC), has been published today by Defra.
The aim of the biodiversity duty is to raise the profile of
biodiversity in England and Wales, eventually to a point where
biodiversity issues become second nature to everyone making
decisions in the public sector.
All public authorities are affected, including over 900 public
bodies local authorities, fire, police and health bodies, museums
and transport authorities.
Defra has worked with a wide range of partners, including Natural
England, Countryside Council for Wales, the Local Government
Association, Wildlife and Countryside Link and others on
developing guidance to support public authorities in implementing
this duty.
In recognition of the key role local authorities play with regard
to conserving and enhancing biodiversity, there are two sets of guidance:
* specific guidance aimed at the needs and requirements of local
authorities; and
* more generic guidance aimed at all public authorities affected.
Workshops with local authorities, regional bodies and other public
bodies were held in November 2006 to engage those affected and to
inform the development of the guidance.
The guidance is intended to assist public authorities to
implement the biodiversity duty. It provides advice on different
activities and functions of public sector organisations and
includes a number of case studies which illustrate what can be
done to have regard to biodiversity. The guidance is available on
the Defra website at: http://www.defra.gov.uk/wildlife-countryside/biodiversity/index.htm
Notes to editors
1. The passing of the Natural Environment and Rural Communities
Act was a significant step. Section 40 of the Natural Environment
and Rural Communities Act came into effect on 1 October 2006.
2. Section 40 requires 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.
3. Copies of the Act can be downloaded from the Defra website: http://www.defra.gov.uk/rural/ruraldelivery/bill/default.htm
Section 40 of the Act replaces and extends a duty, from Section
74 of the Countryside and Rights Of Way Act 2000, on Ministers and
Government which already requires them to have regard to the
purpose of conserving biodiversity.
Public enquiries 08459 335577;
Press notices are available on our website http://www.defra.gov.uk
Defra's aim is sustainable development
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