Best Value for Biodiversity

Headline Activities and Indicators for Biodiversity

Table 4.8
Statutory Responsibility and Professional Competence

Statutory Context National Policy Context Local Policy Context Indicators Targets

National Parks and Access to the Countryside Act (1949)

The Countryside Act (1968)

Wildlife and Countryside Act (1981)

Town and Country Planning Act (1990)

Planning Compensation Act (1991)

Conservation (Natural Habitats & c) Regulations (1994)

Land Drainage Act Chapter 25 (1994)

Hedgerow Regs. (1997)

The Town and Country Planning Environmental Impact Assessment Regulations (1999)

Local Govt. Act (2000) The Countryside and Rights of Way Act (2000)

Making Biodiversity Happen Across Government: Green Ministers Checklist (2000)

PPG 9 Nature Conservation (1994)

Planning Circular 1/97 (Planning Obligations)

Technical Advice Note No.5 (Wales) (1996)

UK Biodiversity Action Plan (1994) and Biodiversity: UK Steering Group Report (1995)

Parliamentary Select Committee: Report and Proceedings on Biodiversity (House of Commons; 2000)

Preparing community Strategies: guidance to local authorities (2000) (Wales version awaited)

Circular 04/2001 Countryside and Rights of Way Act

Sustaining the Variety of Life: 5 Years of the UK Biodiversity Action Plan (2001)

Examples of relevant policy documents include:

LNR policy documents

Policy documents for section 39 Agreements

ISO 14001

Corporate Environmental Management Systems

Corporate EMAS

Internal corporate procedures and Standing Orders (covering statutory duties relating to biodiversity)

Has the Council taken documented action to exercise duties or powers under any or all of the following:

- National Parks and Access to the Countryside Act (1949)

- Wildlife and Countryside Act (1981)

- Conservation (Natural Habitats & c) Regulations (1994)

- Land Drainage Act (Chpt. 25; 1994)

- Hedgerow Regulations (1997)

- The Town and Country Planning Environmental Impact Assessment Regulations (1999)

- Countryside and Rights of Way Act (2000)

For instance: English Nature state that there should be one hectare of Local Nature Reserve per 1000 head of population.

Does the Authority employ an ecologist and/or Local Biodiversity Action Plan Coordinator?

At least one per authority

Judicial review of LA with a ruling that they have failed in their statutory environmental duties and responsibilities

Receipt of a formal notification from English Nature or the Countryside Council for Wales, that the LA's actions may have contravened environmental legislation

Full compliance with all relevant statutory duties and constraints