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Guidance for Public Authorities on Implementing the Biodiversity Duty

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Guidance for Public Authorities on Implementing the Biodiversity Duty withdrawn been GOV.UK on has and date elsewhere of out is guidance Guidance for date Public Authorities on guidanceto Implementing the Up This Biodiversity Duty Defra deals with the essentials of life – food, air, land, water and people www.defra.gov.uk www.defra.gov.uk withdrawn been GOV.UK on has and date elsewhere of out is Defra wishes to thank everyone who has contributed to the preparation of this guidance guidance, in particular the members of the NERC Duty Steering Group, made up of members representing Natural England, the Wildlife Trusts, the Association of Local Government Ecologists, Wildlife and Countryside Link, the Royal Society for the Pr date Welshotection Local Government of Birds, Countryside Association, Council Local Wales, Government Welsh Association.Assembly Gover Together their guidanceto contributions and suggestions have been invaluable. Up This nment, Fr Credit:ont Natural cover image:England Wolverhampton Photographer Peter– derelict Wakely ground planted with wild flowers withdrawn been GOV.UK on has and date elsewhere of Guidance for out Public Authorities on is guidance Implementing the Biodiversity Duty date guidanceto Up This Contents EXECUTIVE SUMMARY 3 1. INTRODUCING THE BIODIVERSITY DUTY FOR PUBLIC AUTHORITIES 6 1.1 A New Duty for Public Authorities 6 1.2 This Guidance 7 1.3 What is Biodiversity? 8 1.4 The Benefits of Conserving Biodiversity 10 1.5 The Role of Public Authorities in Conserving Biodiversity 13 2. POLICIES, STRATEGIES AND BIODIVERSITY 15 2.1 Introduction 15 2.2 The Current Policy Environment 15 2.3 Types of Policies and Strategieswithdrawn 16 2.4 Linkages between Policy and Strategy and Biodiversity 16 2.5 Policies and Strategy Development and Implementation 18 been GOV.UK 3. MANAGEMENT OF PUBLIC LAND AND BUILDINGS on 23 3.1 Introduction has 23 3.2 Designated Sites 28 3.3 Protected and Priority Species on Public Landand 30 3.4 Countryside, Waterside, Coastal and Marine Habitats 31 3.5 Farms and Tenanted Land 34 3.6 Management of Green Infrastructuredate elsewhere 35 3.7 Highways, Rights of Way and Transportof Infrastructure 37 3.8 School Grounds 40 out 4. PLANNING, INFRASTRUCTUREis AND DEVELOPMENT 42 4.1 Introduction guidance 42 4.2 Effects of Development on Biodiversity 42 4.3 National Planning Policy 43 4.4 Legal Requirements fordate Strategic Environmental Assessment and Environmentalguidance Impactto Assessment 44 4.5 Engaging With the Local Planning Authority 45 4.6 Providing SupportingUp Evidence 47 4.7 SeekingThis Biodiversity Enhancement 48 4.8 Monitoring 48 5. EDUCATION, ADVICE AND AWARENESS 49 5.1 Introduction 49 5.2 Education 50 5.3 Advice 52 5.4 Community Engagement 54 5.5 Raising Awareness 56 1 Guidance for Public Authorities on Implementing the Biodiversity Duty 6. IMPLEMENTING THE BIODIVERSITY DUTY – IMPLICATIONS FOR PUBLIC AUTHORITIES AND THEIR STAFF 59 6.1 Financial Resources 59 6.2 Skills and Training 60 6.3 Measuring Progress 61 APPENDIX 1: SUMMARY OF RELEVANT GUIDANCE MATERIALS (WEB PUBLICATION) http://www.defra.gov.uk/wildlife-countryside/biodiversity/index.htm APPENDIX 2: SUMMARY OF RELEVANT LEGISLATION 63 APPENDIX 3: SUMMARY OF SITE DESIGNATIONS withdrawn 76 APPENDIX 4: ADDITIONAL CASE STUDIES (WEB PUBLICATION) http://www.defra.gov.uk/wildlife-countryside/biodiversity/index.htmbeen GOV.UK on has and date elsewhere of out is guidance date guidanceto Up This 2 Executive Summary Introducing the Biodiversity Duty for Public Authorities 1. Biodiversity is the variety of life on earth, and includes all species of plants and animals and the natural systems that support them. Biodiversity is a core component of sustainable development, underpinning economic development and prosperity, and has an important role to play in developing locally distinctive and sustainable communities. 2. Conservation of biodiversity is vital in our response to climate change and in the delivery of key ecosystem services such as food, flood management, pollination and provision of clean air and water. 3. Public authorities have a key role to play in conserving biodiversity, through their work in: developing and implementing external and internal policies and strategies; administering the planning system; managing their land and buildings; developing infrastructure;withdrawn engaging with business and the public; conducting research and managing information; making decisions about procurement; and implementing economic, environmental and social programmes. been GOV.UK 4. Public authorities have a Duty to have regard to the conservation of biodiversity in exercising their functions. This Duty was introduced by the Natural Environmenton and Rural Communities Act and came into force on 1 October 2006. The Dutyhas aims to raise the profile and visibility of biodiversity, clarify existing commitments with regard to biodiversity, and to make it a natural and integral part of policy and decision making.and 5. The Duty applies to all public authorities including local authorities, central government departments, executive agencies, non departmentaldate elsewhere public bodies, regional government offices, non-ministerial departments, NHS Trusts,of regional assemblies, utilities and all other bodies carrying out functions of a public character under a statutory power. Public authorities can make a significant contributionout towards the 2010 target to halt biodiversity loss. 6. This guidance has been issuedis by Defra and the Welsh Assembly to assist public authorities in fulfilling their Duty. Separate guidanceguidance has also been produced for local authorities, in view of their specific activities and key role with regard to biodiversity conservation. date 7. Biodiversity is hugely important in its own right and we have international responsibilities and national and guidancelocal systemsto in place to protect and enhance it. It plays a key role in underpinning quality of life and giving a “sense of place”. Biodiversity offers opportunities for tourism, economic development,Up health promotion, community development and social cohesion. This 8. Conserving biodiversity includes restoring and enhancing species populations and habitats, as well as protecting them. 9. The guidance is structured around four key themes: policy and strategy; management of public land and buildings; planning and development; and education, advice and awareness. 3 Guidance for Public Authorities on Implementing the Biodiversity Duty Policies, Strategies and Biodiversity 10. Biodiversity is at the very heart of sustainable development and is a good indicator of the extent to which more sustainable communities are being achieved. 11. Public authorities should consider the range of policies and strategies affecting the work of their organisation, the linkages to biodiversity and how policies and strategies can be developed and implemented to have regard to biodiversity. 12. A useful systematic approach is to avoid any negative effects on biodiversity in the first instance, then to seek to reduce or mitigate such impacts, then to incorporate opportunities for biodiversity enhancement into public policy wherever possible. 13. It is important for public authorities to develop corporate biodiversity objectives,withdrawn developing and utilising Biodiversity Action Plans as appropriate. 14. Environmental Management Systems are a useful tool for developing and implementing internal policy and strategy. been GOV.UK on Management of Public Authority Land andhas Buildings 15. Public authorities are major land owners and togetherand own or manage many thousands of hectares of urban and rural land across England and Wales, with major implications for biodiversity. Management of public authority sites is important both in providing habitats for wildlife and in reducing environmental impacts that affect biodiversity.date elsewhere of 16. Biodiversity conservation measures need to have regard to both designated sites and priority species, and to wider species and habitats.out is 17. A wide variety of sites are importantguidance in this respect including designated sites and nature reserves, green infrastructure, buildings, school grounds, wetland and coastal sites, highways and rights of way, farms and tenanted land. date Planning, Infrastrguidanceucturto e and Development 18. National planningUp policy on biodiversity conservation is the primary reference point for those developing Thisor appraising development plans or projects. 19. Public authorities should engage with local authorities through the plan-making process and prior to submitting a planning application in order to avoid delays. 20. A good evidence base is essential to public authorities when planning development projects. 21. Effective monitoring is key to ensuring measures put in place to conserve biodiversity are successful. 4 Executive Summary Education, Advice and Awareness 22. Public authorities have an important role in promoting understanding and awareness of biodiversity, which underpins a wide range of biodiversity conservation activities. 23. Having regard to the conservation of biodiversity involves examining the scope to incorporate biodiversity messages into a wide variety of interactions with land managers, businesses, other organisations and the general public. 24. Relevant activities include the operation of the education system, provision of advisory services, promotion of community engagement in biodiversity, and raising awareness of biodiversity through communications with the public. Implementing the Duty – Implications for Public Authoritieswithdrawn
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