Explanatory Notes

Wildlife and Natural Environment (Scotland) Act 2011

2011 asp 6

7 April 2011

The Act – Commentary on Sections

Part 5 – Biodiversity

Section 36 – Reports on compliance with biodiversity duty

239.Section 36 of the Act inserts new section 2A into the Nature Conservation (Scotland) Act 2004.

Reports on compliance with biodiversity duty – inserted section 2A of the 2004 Act

240.Section 1 of the 2004 Act imposes a duty on 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 (the “biodiversity duty”).

241.Section 2A of the 2004 Act provides for each such body (but not each such office-holder) to publish a biodiversity report every 3 years, which is a report on the actions taken by the body in pursuance of the biodiversity duty during the period to which the report relates.