Many of the functions of local government are set and defined by primary and secondary legislation. Biodiversity and countryside services are underpinned by a wide range of legislation and national policy guidance. Some of this key legislation for local authorities is shown below. Appendix 1 provides a fuller list of nature conservation legislation. In many instances, reference to the statutory framework is key to answering the "challenge" component of Best Value because it explains why something should or could be done.

Primary legislation particularly relevant to local authorities includes:

• The National Parks and Access to the Countryside Act 1949
• The Countryside Act 1968
• The Wildlife and Countryside Act 1981
• The Town and Country Planning Act 1990
• The Planning and Compensation Act 1991
• The Land Drainage Act 1994 Chapter 25 (see Section 61b)
• The Environment Act 1995
• The Government of Wales Act (1998)
• The Local Government Act 2000
• The Countryside and Rights of Way Act 2000

Secondary legislation also includes relevant provisions within a variety of Statutory Instruments; for instance:

• The Conservation (Natural Habitats &c.) Regulations 1994, S.I. 1994 No. 2716;
• The Hedgerow Regulations 1997, S.I. 1997 No. 1160
• The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 SI 1999 No 293

Policy guidance
There is considerable policy guidance issued by central government and the National Assembly for Wales which specifically addresses biodiversity; these include:

• The UK Biodiversity Action Plan 1994
• Biodiversity: The UK Steering Gp Report 1995
• Planning Policy Guidance No. 9 Nature Conservation 1994 (applicable in England)
• Technical Advice Note 5 (Wales) Nature Conservation and Planning (1996)
• Mineral Planning Policy Guidance No 7 The Reclamation of Mineral Workings (1996)
• Planning Guidance (Wales) Planning Policy 1st Revision (1999)
• Circular 04/2001 The Countryside and Rights of Way Act 2001 (applicable in England with Wales version awaited)
• Preparing Community Strategies: Government Guidance to Local Authorities (2000) (Wales version awaited)
• www.betterwales.com
• Learning to Live Differently - The Sustainable Development Scheme of the NAW (2000)
• Sustaining the Variety of Life: 5 Years of the UK Biodiversity Action Plan (2001)
• Minerals Planning Policy Wales (2001)

While the term "Biodiversity" is a relatively recent addition to the vocabulary, the conservation of wildlife (e.g. nature conservation) is not a new or additional function for local government; nor in many cases is it an optional extra. For instance: ALGE has identified for local government's planning function alone:

• 21 existing statutory duties which directly concern nature conservation;
• 7 existing statutory duties which may affect nature conservation interests;
• 30 existing discretionary legal powers which local planning authorities may exercise in the protection and enhancement of nature conservation interests;

Whilst these various legislative measures provide a broad requirement and a valuable framework for the consideration and implementation of nature conservation within local government, there is currently no specific duty on local authorities to "do" nature conservation or biodiversity. There is, however, strong guidance in Sections 48 of Circular 04/2001 The Countryside and Rights of Way Act (2001) for local Authorities to include biodiversity as an element of their Community Strategies - with the latter being a statutory requirement under Section 4 of the Local Government Act (2000). With this Act comes a strong statutory framework for economic, social and environmental well being; biodiversity is not free standing from this duty but is to be integrated into all local authority activities. This is also emphasised in Wales in draft NAW guidance on Community Strategies which advises that a community strategy should act as an overarching framework for other plans including LBAPs.