What's the Council's Biodiversity duty?

31st of August, 2023

Biodiversity duty

A few of you have asked us about the biodiversity duty. The Environment Act 2021 made changes to the Natural Environment and Rural Communities Act 2006 in respect of biodiversity.

Section 40 of the 2006 Act, in force 1 January 2023, places a duty on all local authorities, including parish councils, to from time to time consider what action the authority can properly take to further the general biodiversity objective. The general biodiversity objective is the conservation and enhancement of biodiversity in England so all parish councils must take biodiversity into account in all their decisions and actions. The government has issued guidance on complying with the duty.

Section 40A of the 2006 Act places a duty on principal authorities (but not parish councils) to produce biodiversity reports.