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

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

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

A second workshop is planned in North Wales on 25th Feb 2010. Further details to follow.

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.

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.

• Checklist for Biodiversity Champions
• Checklist for Developers
• Checklist for Ecological Advisors
• Enforcement Document
• Checklist for Local Authorities
• Checklist for Local Planning Authorities
• Checklist for the Police
• Checklist for Project Officers
• Checklist for Public Bodies
• WAG Decision Report
• Combined Checklists
• S42 Guidance for planning assessment
• Working More Closely Together: Scientists and Civil Servants

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.

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

Wildlife Crime Information

Wildlife Crime Officers in Wales

Wildlife Crime cases

PAWS Website

Habitats and species of principal importance in Wales list

Following detailed consultation, the Section 42 list of habitats and species of principal importance in Wales has been signed off by the Welsh Assembly Government and is now available. The list contains all UK Biodiversity Action Plan habitats and species known to occur in Wales in addition to species of particular conservation significance in Wales and is required by legislation under the NERC Act (2006) Biodiversity Duty. A note of thanks is extended to all those who took part in the consultation exercise.

Click here to view the Section 42 species list
Click here to view the Section 42 habitats list

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.

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

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

Protected Species Planning Guidance - Think Wildlife, Think Protected Species

This quick reference guide has been developed for planning officers in South East Wales. Entitled ‘Think Wildlife, Think Protected Species’, it aims to guide planners through the maze of species protection law. The guide only deals with the protected species found in the Glamorgan and Gwent areas.

Click here to view the guidance

The guide has been produced by the Glamorgan Biodiversity Advisory Group and the Gwent Biodiversity Action Group, based on initial work by the Avon Wildlife Trust*. It is intended as a first reference point for planning officers dealing with applications and pre application discussions, to highlight the possible presence of protected species and outline what steps should be taken to conform to legal requirements.

The guide focuses on different types of development and the protected species that may be affected. Protected species are a material planning consideration (para 5.5.11, P60 Planning Policy Wales 2002) and the new TAN5 Nature Conservation and Planning is likely to provide further advice (consultation draft revised TAN5 Jan 2006).

Think Wildlife is published electronically with each participating Local Authority adding contact details for the Council’s ecologist and other relevant specialists.

For more information contact the local authority ecologist or biodiversity officer in one of the participating Councils.

^{*GLAMBAG and GWENTBAG represent Monmouthshire CC, Newport CBC, Caerphilly CBC, Torfaen CBC, Blaenau Gwent CBC, Cardiff CC, Vale of Glamorgan C, Rhondda Cynon Taf CBC, Merthyr Tydfil CBC, Neath Port Talbot CBC, Bridgend CBC and C&C Swansea, Countryside Council for Wales, Environment Agency, Forestry Commission Wales, RSPB, Brecon Beacons National Park, Welsh Development Agency, The Wildlife Trust of South And West Wales, Gwent Wildlife Trust, Otters and Rivers Project, Glamorgan Heritage Coast, Dwr Cymru Welsh Water, National Museum of Wales, Welsh Assembly Government Food and Farming Development Division 5, Butterfly Conservation, South East Wales Biodiversity Record Centre}