Biodiversity Duty report

2.1In England, the Biodiversity Duty was established under Section 40 of the Natural Environment and Rural Communities Act 2006, which states: "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." This created an obligation for public authorities to consider biodiversity in their decision making, but it did not require them to take specific actions, and the duty offered limited enforceability.

2.2As a result, the Environment Act 2021 significantly strengthened the Biodiversity Duty, introducing a requirement for public authorities to "take action to further the conservation and enhancement of biodiversity." Additionally, the Environment Act also introduced a requirement for local authorities (excluding Parish Councils) to produce a Biodiversity Report every five years, documenting the actions they have taken in support of this duty.

2.3In addition, the Act also introduced Local Nature Recovery Strategies (LNRSs) and Biodiversity Net Gain (BNG), amongst other key instruments for conserving and enhancing nature. The LNRS, prepared by a Responsible Authority, identifies priorities for nature recovery locally and proposes measures in locations identified using local evidence and input from local stakeholders. BNG mandates that most developments must deliver a biodiversity uplift of at least 10%, with some exceptions.