Biodiversity Duty
Since 1 January 2023, all public authorities have been under an enhanced statutory duty to conserve and enhance biodiversity.
From 1 January 2024 public authorities are required to set out a plan confirming how they will comply with this duty, what actions it will be taking and how it will develop its objectives and policies to meet the biodiversity duty.
In terms of the legal context, the Environment Act 2021, subsequently amended Section 40 of the Natural England and Rural Communities (NERC) Act 2006, introduced a strengthened 'biodiversity duty' requiring all public authorities in England to consider what they can do to conserve and enhance biodiversity.
Guidance on complying with the biodiversity duty was published by the Government in May 2023 which, in summary, confirmed that authorities must:
- Consider what they can do to conserve and enhance biodiversity by 1 January 2024. No formal reporting template was provided for this; and
- Agree policies and specific objectives based on their consideration as soon as possible after 1 January 2024; and
- Act to deliver the policies and achieve these objectives and report on them.
In this context, to inform a baseline of its biodiversity duty, public authorities are required to publish a 'first considerations' report setting out what actions it will be taking and how it will develop its objectives and policies to meet the biodiversity duty.
There is a requirement that a check should be made to consider how these actions/strategies will affect how the authority complies with the biodiversity duty in respect of:
- Local Nature Recovery Strategies;
- Species Conservation Strategies; and
- Protected Site Strategies
Government guidance for complying with the biodiversity duty highlights key themes where local authorities can take actions to ensure compliance with the biodiversity duty:
- Council Strategies and Policies;
- Development plans and decisions;
- Land and corporate estate management;
- Education and raising awareness;
- Review of internal policies and processes; and
- Preparing for biodiversity net gain.
Meeting the biodiversity duty is a corporate responsibility that is relevant to all Council departments, actions and decision making.
Following completion of the 'first consideration' there is a legal requirement for local authorities to publish a biodiversity report for the first reporting period, and this should be no later than 1 January 2026.
Thereafter, the end date of each subsequent reporting period must be within 5 years of the end date of the previous reporting period. Reports must be published within 12 weeks of the reporting period end date.
The Biodiversity Report - First Considerations (2024-2026) and the Biodiversity Duty Report (2026-2031) are now available to view.