Part 1

Biodiversity

Duty to further the conservation of biodiversity
1
1
It is the duty of every public body and office-holder, in exercising any functions, to further the conservation of biodiversity so far as is consistent with the proper exercise of those functions.
2
In complying with the duty imposed by subsection (1) a body or office-holder must have regard to—
a
any strategy designated under section 2(1), and
b
the United Nations Environmental Programme Convention on Biological Diversity of 5 June 1992 as amended from time to time (or any United Nations Convention replacing that Convention).

Scottish Biodiversity Strategy
2
1
The Scottish Ministers must designate as the Scottish Biodiversity Strategy one or more strategies for the conservation of biodiversity (whether prepared by them or by one or more other persons).
2
The Scottish Ministers must publish any strategy so designated in such manner (including on the internet or by other electronic means) as they think fit.
3
A strategy so designated may include different provision for different cases or types of case.
4
Within one year of a strategy being so designated, the Scottish Ministers must publish, in such manner (including on the internet or by other electronic means) as they think fit, lists of—
a
species of flora and fauna, and
b
habitats,
considered by the Scottish Ministers to be of principal importance for the purpose mentioned in section 1(1).
5
The Scottish Ministers may from time to time review any lists published under subsection (4).
6
Where, following such a review, the Scottish Ministers consider that any such lists should be revised they must publish revised lists under that subsection.
7
The Scottish Ministers must, within 3 years of the date on which—
a
they first designate a Scottish Biodiversity Strategy, or
b
a report was last laid under this subsection,
lay a report before the Scottish Parliament regarding the implementation of the strategy.

Reports on compliance with biodiversity duty
2A
1
A public body must prepare and publish a biodiversity report within 3 years of—
a
the base date,
b
the date on which a report was last published by the body under this subsection.
2
A biodiversity report is a report on the actions taken by the body in pursuance of its duty under section 1 during the period to which the report relates.
3
The base date is—
a
the date on which section 36 of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) comes into force, or
b
where the body is established after that date, the date on which the body is established.
4
A report under this section—
a
is to be prepared in such form and published in such manner as the body thinks fit,
b
may be incorporated within another report prepared or published by the body.
S. 1 in force at 29.11.2004 by S.S.I. 2004/495, art. 2
S. 2 in force at 29.11.2004 by S.S.I. 2004/495, art. 2
S. 1 modified (31.10.2009) by Climate Change (Scotland) Act 2009 (asp 12), ss. 59(4), 100(2) (with s. 95); S.S.I. 2009/341, art. 2(2)(a)
S. 2A inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 36, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(h)