Search Legislation

Environment Act 2021

Status:

This is the original version (as it was originally enacted).

Local nature recovery strategies

104Local nature recovery strategies for England

(1)There are to be local nature recovery strategies for areas in England.

(2)Together the local nature recovery strategies are to cover the whole of England.

(3)The Secretary of State is to determine the areas within England to which individual local nature recovery strategies are to relate.

(4)The area of a local authority, other than a county council, may not be split between local nature recovery strategies.

(5)Section 40(2A) of the Natural Environment and Rural Communities Act 2006 (duty to conserve biodiversity) makes provision about the duties of public authorities in relation to local nature recovery strategies.

105Preparation of local nature recovery strategies

(1)A local nature recovery strategy for an area (“the strategy area”) is to be prepared and published by the responsible authority.

(2)The responsible authority for a local nature recovery strategy is such one of the following authorities as is appointed by the Secretary of State—

(a)a local authority whose area is, or is within, the strategy area;

(b)the Mayor of London;

(c)the mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

(d)a National Park authority in England;

(e)the Broads Authority;

(f)Natural England.

(3)A local nature recovery strategy is to be reviewed and republished from time to time by the responsible authority.

(4)The Secretary of State may by regulations make provision about the procedure to be followed in the preparation and publication, and review and republication, of local nature recovery strategies.

(5)Regulations under this section may, for example, include provision—

(a)requiring the provision of information by a local authority whose area is, or is within, the strategy area but which is not the responsible authority;

(b)for a local nature recovery strategy to be agreed by all of the local authorities whose areas are within the strategy area;

(c)for the procedure for reaching such agreement and for the resolution of disagreements (including resolution by the Secretary of State or by a public inquiry);

(d)for consultation, including consultation of members of the public;

(e)for the times at or after which a local nature recovery strategy is to be reviewed and republished.

(6)Regulations under this section are subject to the negative procedure.

106Content of local nature recovery strategies

(1)A local nature recovery strategy relating to an area (“the strategy area”) is to include—

(a)a statement of biodiversity priorities for the strategy area, and

(b)a local habitat map for the whole strategy area or two or more local habitat maps which together cover the whole strategy area.

(2)The statement of biodiversity priorities referred to in subsection (1)(a) is to include—

(a)a description of the strategy area and its biodiversity,

(b)a description of the opportunities for recovering or enhancing biodiversity, in terms of habitats and species, in the strategy area,

(c)the priorities, in terms of habitats and species, for recovering or enhancing biodiversity (taking into account the contribution that recovering or enhancing biodiversity can also make to other environmental benefits), and

(d)proposals as to potential measures relating to those priorities.

(3)A local habitat map referred to in subsection (1)(b) is a map identifying—

(a)national conservation sites in the strategy area,

(b)any nature reserves in the strategy area provided under section 21 of the National Parks and Access to the Countryside Act 1949, and

(c)other areas in the strategy area which in the opinion of the responsible authority—

(i)are, or could become, of particular importance for biodiversity, or

(ii)are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits.

(4)A local habitat map which does not relate to the whole of the strategy area must relate to the area of one or more local authorities within the strategy area.

(5)The Secretary of State may issue guidance as to—

(a)information to be included in a local nature recovery strategy pursuant to the requirements in subsections (1) to (3), and

(b)any other matters to be included in a local nature recovery strategy.

(6)A responsible authority must have regard to the guidance when preparing a local nature recovery strategy.

(7)The Secretary of State must lay before Parliament, and publish, the guidance.

107Information to be provided by the Secretary of State

(1)For the purpose of assisting responsible authorities in their preparation of local nature recovery strategies, the Secretary of State must prepare and publish a national habitat map for England.

(2)The national habitat map must in particular identify—

(a)national conservation sites, and

(b)other areas that in the opinion of the Secretary of State are of particular importance for biodiversity.

(3)The Secretary of State may from time to time review and republish the national habitat map.

(4)The Secretary of State must inform a responsible authority of any area in the authority’s strategy area which falls within subsection (5).

(5)An area falls within this subsection if in the Secretary of State’s opinion—

(a)the area could be of greater importance for biodiversity, or is an area where the recovery or enhancement of biodiversity could make a contribution to other environmental benefits, and

(b)the area could contribute to the establishment of a network of areas across England for the recovery and enhancement of biodiversity in England as a whole.

(6)The Secretary of State must provide a responsible authority with any other information—

(a)that is held by the Secretary of State, and

(b)that the Secretary of State considers might assist the authority in preparing a local nature recovery strategy.

108Interpretation

(1)This section has effect for the purposes of sections 104 to 107.

(2)Local authority” means—

(a)a county or district council in England;

(b)a London borough council;

(c)the Common Council of the City of London;

(d)the Council of the Isles of Scilly.

(3)National conservation site” means—

(a)a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981;

(b)a national nature reserve declared in accordance with section 35 of that Act;

(c)a Ramsar site, within the meaning of section 37A of that Act;

(d)a marine conservation zone designated under section 116 of the Marine and Coastal Access Act 2009;

(e)a European site, within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources