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The Natural Environment and Communities Act (NERC Act) received Royal Assent on March 30 2006. The act created Natural England and the Commission for Rural Communities and, amongst other measures, it extended the biodiversity duty set out in the Countryside and Rights of Way (CROW) Act to public bodies and statutory undertakers to ensure due regard to the conservation of biodiversity.
The Duty is set out in Section 40 of the Act, 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"
The Duty applies to all local authorities,community, parish and town councils, police, fire and health authorities, and utility companies.
The Government has produced guidance on implementing the Duty, contained in two publications. The first is for Local Authorities, and second for other public bodies.
Links to the Defra guidance:
