Part 3Wildlife etc.

Biodiversity

I140Duty to conserve biodiversity

1

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.

2

In complying with subsection (1), a Minister of the Crown, government department or the National Assembly for Wales must in particular have regard to the United Nations Environmental Programme Convention on Biological Diversity of 1992.

3

Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat.

4

“Public authority” means any of the following—

a

a Minister of the Crown;

b

the National Assembly for Wales;

c

a public body (including a government department, a local authority and a local planning authority);

d

a person holding an office—

i

under the Crown,

ii

created or continued in existence by a public general Act, or

iii

the remuneration in respect of which is paid out of money provided by Parliament;

e

a statutory undertaker.

5

In this section—

  • “local authority” means—

    1. a

      in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

    2. b

      in relation to Wales, a county council, a county borough council or a community council;

  • “local planning authority” has the same meaning as in the Town and Country Planning Act 1990 (c. 8);

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

  • “statutory undertaker” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.