Herefordshire Biodiversity Partnership

NERC

The Biodiversity Duty (Section 40) under the Natural Environment and Rural Communities (NERC) Act 2006

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.”

In March 2008, Herefordshire Biodiversity partnership invited approximately 200 representatives from Local Authorities and public bodies to a seminar to learn more about Section 40 of the NERC Act and its implications on these bodies. Speakers came from across the UK and Ireland to cover a wide range of associated subjects. 84 delegates attended on the day and went away afterwards feeling inspired and ready to change their working practice to incorporate stronger messages about biodiversity conservation.

Also in March 2008, training was given to planners within Herefordshire Council provided by Mike Oxford from the Association of Local Government Ecologists (ALGE) on the NERC Act as well as other relevant legislation. Mike's presentation is available here, as well as a handout outlining basic environmental legislation relevant to Herefordshire, Planning, and wildlife, prepared by Bridgit Symons, senior Planning Ecologist within Herefordshire Council.

In 2008, Herefordshire Council signed the West Midlands Biodiversity Partnership Pledge, showing acknowledgement of biodiversity and expressing the Councils commitment to biodiversity conservation. The pledge is available to see in pdf format.