What is WBP? > Legislation & Guidance

Legislation & Guidance

Biodiversity Framework

The Biodiversity Framework for Wales explains the roles, remits and processes essential to biodiversity conservation and enhancement in Wales. Its value lies in that it provides a common point of reference on biodiversity for all organisations and individuals in Wales, whether Government department or local nature enthusiast. This document should be read in combination with the Wales Environment Strategy. In particular, the Environment Strategy chapter 'Distinctive biodiversity, landscapes and seascapes' describes the areas covered by the biodiversity framework and the outcomes that need to be achieved.

Wales Biodiversity Framework
Wales Biodiversity Framework Annexes

Natural Environment and Rural Communities Act 2006 (Nerc) Biodiversity Duty

Section 40(1) of the Natural Environment and Rural Communities Act 2006 ("the NERC Act") places a new duty on every public authority, in exercising its functions, to “have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity”. The duty affects all public authorities.  Local authorities are a key target group, but the duty also affects a wide range of public bodies including fire, and police, health and transport authorities etc.

Biodiversity Duty Local Authorities
Biodiversity Duty Public Bodies

To assist local authorities and public bodies in complying with the Duty, a useful guide to planting pollinator-friendly plants on amenity land has been produced by the Welsh Government.

Plants for Pollinators
Guidance notes

Section 42 of the Natural Environment and Rural Communities Act (2006) requires the National Assembly for Wales in consultation with The Countryside Council for Wales to publish, review, revise and act on lists of organisms of principal importance in Wales. This list is known as the Section 42 (S42) list of species and habitats of principal importance in Wales

Section 42 Species & Habitats Lists

Biodiversity Checklists

WBP have produced biodiversity checklists for local authority and public authority staff in Wales. The checklists will assist public and local authorities to take account of biodiversity in their operational activities and will help organisations to remain legal under the NERC Act (2006) Biodiversity Duty, Habitats Regulations and other biodiversity related legislation. In addition, the implementation of the checklists and guidance will help build towards the biodiversity outcomes contained in the Environment Strategy for Wales.

Biodiversity Duty Workshops

A series of LRC workshops took place between Jun and Sept 08 to raise the profile of biodiversity in local authorities and National Parks. The overall aim is to integrate biodiversity into policy and decision making. The high-profile workshops were hosted by Jane Davidson, WAG Minister for the Environment, Sustainability & Housing and facilitated by WAG and WBP.

Workshop Pack

Workshop Outputs

Regional Workshops

Following on from the 2008 LRC workshops, regional workshops in North and South Wales will take place to build on the progress achieved at the original workshops and the compliance visits.

Brecon Workshop Oct 2009 Presentation

Brecon Workshop Oct 2009

In addition, WBP will visit each local authority and National Park to conduct a baseline assessment and produce a series of actions designed to ensure compliance and raise the profile of biodiversity. The first round of visits were completed in Jan 09 and will be followed by annual visits thereafter.

NERC Implementation Progress

It's important to put into practice the right actions to back up the policy and legislative framework provided by the NERC Biodiversity Duty. WBP partners are encouraged to share progress and successes on how their organisations are complying with the Duty. In this part of the website we will provide case studies and will display further examples as they become available.

Local Authority & National Park case studies (from LRC Workshop Pack 2008)

Forestry Commission Wales case study

Welsh Assembly Government case study

Dwr Cymru Welsh Water case study

Wildlife Crime

Wildlife crime appears in many guises, but can be broadly categorised into three main types; crimes involving native species which are endangered or of conservation concern; cruelty to and the persecution of wildlife species; the illegal trade in endangered species. The Partnership for Action against Wildlife Crime (PAW) leads on UK Wildlife crime detection and reporting and is a multi-agency body comprising representatives of the organisations involved in wildlife law enforcement in the UK. There are UK wildlife crime priorities and Wales-specific wildlife crime priorities, for more information, refer to the Wildlife crime link.

Wildlife Crime Officers in Wales

Biannual Wildlife Crime Conference

CCW in conjunction with Dyfed Powys Police held a one day Wildlife and Environmental Crime Conference at the Police Headquarters, Llangunnor, Carmarthen on the 23rd November.

A review of the prevention and investigation of wildlife crime in Wales

The Review made a number of recommendations including the establishment of a Wildlife Crime Enforcement Group.

Wildlife Crime Enforcement Group

An enforcement working group is now established charged with ensuring interoperability through production of a Welsh wildlife crime strategy; developing codes of practice and data sharing agreements; progressing UK and Welsh wildlife crime priorities; and delivery of an annual wildlife crime conference.

Wildlife Crime Enforcement Group Terms of Reference

Wildlife Crime Working Group Members

Wildlife Crime Enforcement Group meeting Dec 2010

Wildlife Crime Enforcement Group meeting Sept 2011

Welsh Wildlife crime strategy 

UK Tactical Assessment of Wildlife Crime

Wildlife Crime Information

UK Wildlife Crime Priorities 

LEGAL EAGLE - the RSPB wildlife crime Investigations team newsletter

Links

PAWS Website

Environment Strategy Wales

NERC Act

Habitats Directive and Wild Birds Directive

Compliance with the following European directives is required as a minimum requirement: the Habitats Directive – Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and the Wild Birds Directive - Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds.

Local Planning Authority determinations of planning application for developments which may have an impact on European Protected Species (EPS) require careful consideration to remain legal and to minimise planning conflicts. A case law summary is provided below.

Local Planning Authority EPS test case

Planning

TAN 5

Technical Advice Note 5; Nature Conservation and Planning (2009) is now available.
The revised TAN 5 should be referred to in correspondence with all local planning authorities and will strengthen the case of Local Sites & LBAP implementation. To access TAN 5,click on the web link

Environmental Assessment  

There are four main types of statutory Environmental Assessment which are required by organisations delivering plans, programmes and/or projects.

Planning Aid Wales

Planning Aid Wales has a new website full of information about the planning system in Wales. The website explains the main features of the land use planning system in plain language and gives tips on how the public can get involved in planning issues.

Visit www.planningaidwales.org.uk for more details