The UK Government acknowledges that the natural environment of the UK is depleted and continuing to decline. In response, multiple policies and legislation have been put in place in attempt to protect the natural and built environments and enhance biodiversity.
With the advent of devolved government for Scotland, Wales and Northern Ireland, the responsibilities for environment and conservation have become more complicated with a variety of UK-wide, national (to each constituent country) and local bodies, as well as non-governmental organisations, operating in the field.
History
Environmental protection law has a long history in the UK. Among the first known environmental management laws was the Charter of the Forest, brought in by the King of England alongside the Magna Carta in 1217.[1]
The first legislation on protecting built cultural hertiage was the Ancient Monuments Protection Act 1882, which made provision to protect 50 prehistoric sites.[3]
By the 21st century, environmental protection has often been seen in Western countries as a barrier to economic growth. This is linked to the dominant, neo-liberal political thought in the UK in this period.[1]
Current status
The loss of biodiversity in the UK has been well documented. In 2023, the Office for Environmental Protection stated England was off-track from achieving policy goals of thriving plants and wildlife.[7]
Current conservation law covers not only the preservation of the environment, but also the recreation and improvement on it.[8]
Nature conservation
British legislation on the conservation of wildlife, species and habitats can be divided into those concerned with the protection of individual species and those concerned with the protection of the habitats upon which wildlife depends.[8]
Modern legislation has a focus on biological diversity, or biodiversity. This concept originates in the Convention on Biological Diversity of 1992 (CBD). The CBD takes the ecosystem approach, which recognises that biodiversity is dependent on natural systems, and those systems are dependent on biodiversity. It initially led to the first UK Biodiversity Action Plan (UKBAP) in 1994, which covers the period to 2014 but was superseded by Conserving Biodiversity–The UK Approach in 2007, also the revised UKBAP. The revised UKBAP included 65 priority habitats and 1,149 species.[8]
Many of the CBD obligations have been implemented in UK law. The Natural Environment and Rural Communities Act 2006 imposes a duty on every public authority to have regard to the purpose of conserving biodiversity when exercising its functions.[8]
Biodiversity net gain
Biodiversity net gain (BNG) is a biodiversity offsetting policy in England. New, non-exempt developments or infrastrucutre are assessed using a biodiversity metric developed by Natural England. The biodiversity metric calculates an existing and future biodiversity value of the site and development, and the BNG policy mandates that developments must acheive at least a 10% increase in biodiversity value, either within the site or by buying off-site units from biodiversity enhancement schemes.[9][10] It became mandatory in 2024 following the Environment Act 2021.[7]
Historic sites and the built environment
The primary way in which historic sites are conserved in the UK is the listed buildings system, in which designated buildings are protected from alteration or redevelopment by the planning system. This was first created by the Town and Country Planning Act 1947, but was not strictly enforced, leading to the continued loss of built heritage. Stronger planning protections came into place with the Planning Act 1968.[3]
Full legislation
Some of the key legislation which governs conservation issues in the UK. This list is not exhaustive.
The National Trust is a charity preserving both natural and built sites in England, Wales and Northern Ireland. It was incorporated by Parliament through the National Trust Act 1907.[3]
Nature conservation
The governance of the conservation of the natural environment falls into three distinct areas:
the designation and management of protected areas
the protection of individual species
the development of national and sub-national conservation strategies[8]
The governance of each are complex, with the management of land and the setting and monitoring of objectives being state-mediated, whereas in practice a large range of non-governmental bodies play a major role in managing land.[8]
The key governmental bodies for nature conservation are legally grouped as 'the UK Conservation Bodies'. These comprise the following non-departmental public bodies:
Council for Nature Conservation and the Countryside in Northern Ireland[8]
These bodies have a statutory duty to advise on the implementation of conservation policies in their respective regions.[8]
Built heritage conservation
Historic England is the government body in England for conserving the historic built environment. It was created by the National Heritage Act 1983. The National Trusts of England, Wales and Northern Ireland and of Scotland conserve specific built heritage sites.[3]
Natural Resources Wales (NRW) (formerly Countryside Council for Wales, Forestry Commission Wales and Environment Agency Wales) — protection of landscapes and rural countryside, regulation of waterways, pollution, waste management
Green belts are often interpreted as conservation designations, but are in fact intended to be a planning policy to prevent urban sprawl. Green belt areas are not necessarily of high environmental or landscape quality.[14]
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