PART 6

Nature and biodiversity

Conservation

Species conservation strategies
109
1
Natural England may prepare and publish a strategy for improving the conservation status of any species of fauna or flora.
2
A strategy under subsection (1) is called a “species conservation strategy”.
3
A species conservation strategy must relate to an area (the “strategy area”) consisting of—
a
England, or
b
any part of England.
4
A species conservation strategy for a species may in particular—
a
identify areas or features in the strategy area which are of importance to the conservation of the species,
b
identify priorities in relation to the creation or enhancement of habitat for the purpose of improving the conservation status of the species in the strategy area,
c
set out how Natural England proposes to exercise its functions in relation to the species across the whole of the strategy area or in any part of it for the purpose of improving the conservation status of the species in the strategy area,
d
include Natural England’s opinion on the giving by any other public authority of consents or approvals which might affect the conservation status of the species in the strategy area, and
e
include Natural England’s opinion on measures that it would be appropriate to take to avoid, mitigate or compensate for any adverse impact on the conservation status of the species in the strategy area that may arise from a plan, project or other activity.
5
Natural England may, from time to time, amend a species conservation strategy.
6
A local planning authority in England and any prescribed authority must co-operate with Natural England in the preparation and implementation of a species conservation strategy so far as relevant to the authority’s functions.
7
The Secretary of State may give guidance to local planning authorities in England and to prescribed authorities as to how to discharge the duty in subsection (6).
8
The Secretary of State must lay before Parliament, and publish, the guidance.
9
A local planning authority in England and any prescribed authority must in the exercise of its functions have regard to a species conservation strategy so far as relevant to its functions.
10
In this section—
- “England” includes the territorial sea adjacent to England, which for this purpose does not include—
  1. any part of the territorial sea adjacent to Wales for the general or residual purposes of the Government of Wales Act 2006 (see section 158 of that Act), or
  2. any part of the territorial sea adjacent to Scotland for the general or residual purposes of the Scotland Act 1998 (see section 126 of that Act);
- “local planning authority” means a person who is a local planning authority for the purposes of any provision of Part 3 of the Town and Country Planning Act 1990;
- “prescribed authority” means an authority exercising functions of a public nature in England which is specified for the purposes of this section by regulations made by the Secretary of State.
11
Regulations under subsection (10) are subject to the negative procedure.