Nature Conservation (Scotland) Act 2004

Part 1 S Biodiversity

1 Duty to further the conservation of biodiversity S

(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).

Modifications etc. (not altering text)

C1 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)

Commencement Information

I1 S. 1 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

2 Scottish Biodiversity Strategy S

(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.

Commencement Information

I2 S. 2 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[F1 2A Reports on compliance with biodiversity duty S

(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.]

Textual Amendments

F1 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)