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16th Jan, 2008
Local authorities now have a duty to have regard to the conservation of biodiversity in exercising their functions. This Duty was introduced by the Natural Environment and Rural Communities Act 2006 (NERC). The Duty affects all public authorities and aims to raise the profile of biodiversity, clarify existing commitments, and make it an integral part of policy and decision making. (The Duty is set out in Section 40 of NERC and 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.”)
This briefing has been prepared to assist those advising local councils on ways to meet this obligation.
Much of what follows is taken or adapted from Defra’s ‘Guidance for Local Authorities on Implementing the Biodiversity Duty’. This can be downloaded from http://www.defra.gov.uk/wildlife-countryside/pdfs/biodiversity/la-guid-english.pdf
Local Authorities’ Biodiversity Duty
Biodiversity is a core component of sustainable development, underpinning economic development, prosperity and distinctive and sustainable communities.
Conservation of biodiversity is vital in relation to climate change and key ecosystem services such as food, flood management, pollination and provision of clean air and water.
Local authorities have a key role to play through developing and influencing local policies and strategies; planning and development control; owning and managing their estates; procurement; education, awareness raising and advisory functions. (See below.)
Conserving biodiversity includes restoring, enhancing and protecting species and habitats.
Biodiversity is hugely important in its own right. We have international responsibilities and national and local systems to protect and enhance it. It plays a key role in underpinning local quality of life and giving a “sense of place”.
The performance framework for local government offers great potential for local authorities to provide leadership in protecting and enhancing biodiversity.Incorporating consideration of biodiversity into local authority functions and services can be achieved without significant additional costs. In some cases, however, there may be a need for additional expenditures to meet current statutory commitments. The guidance provides suggestions of how the costs can be minimised.
Ways of Implementing the Duty
Incorporating the conservation of biodiversity and its benefits into corporate, sustainable development and procurement strategies, asset management and economic development plans, and environmental management systems.Incorporating biodiversity in partnership arrangements such as Community Strategies and Local Area Agreements.
Taking account of the links between biodiversity and other environmental programmes such as waste management, energy conservation and response to climate change.
Delivering the key principles for biodiversity set out in national planning guidance.
Participating in, and supporting, local biodiversity partnerships and helping to deliver objectives of LBAPs.
Working with others to promote land management for biodiversity.
Protecting and enhancing biodiversity on the local authority estate.
Identifying policy drivers and ensuring up-to-date biodiversity data is available to the local authority, including support to Local Record Centres.
Identifying local sites of importance for biodiversity and managing systems, in partnership with others, to take these into account within the planning and land management processes.
Using the benefits of access to biodiversity in the delivery of services to the public such as social care, community development, health, and recreation.
Supporting appropriate access to nature and understanding of the natural world within schools, community engagement, education programmes. and raising awareness of biodiversity to the public.
Key messages relating to local policies, strategy and biodiversity.
Biodiversity is at the very heart of sustainable development and can contribute positively to social cohesion, community well-being and quality of life.
Establish and maintain biodiversity conservation as a local priority.
Integrate biodiversity within corporate priorities and internal policy.
Identify opportunities to deliver biodiversity conservation through Local Strategic Partnerships, Sustainable Community Strategies and Local Area Agreements.
Make best use of the Local Biodiversity Action Planning process.
Key messages relating to the management of land and buildings
Local authorities’ landholdings have major implications for biodiversity.
Local authority sites are important both in providing habitats for wildlife and in reducing environmental impacts that affect biodiversity.
Measures need to have regard to designated sites, priority species and wider species and habitats.
