Long title | An Act to make provision about bodies concerned with the natural environment and rural communities; to make provision in connection with wildlife, sites of special scientific interest, National Parks and the Broads; to amend the law relating to rights of way; to make provision as to the Inland Waterways Amenity Advisory Council; to provide for flexible administrative arrangements in connection with functions relating to the environment and rural affairs and certain other functions; and for connected purposes. |
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Citation | 2006 c 16 |
Dates | |
Royal assent | 30 March 2006 |
History of passage through Parliament | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Natural Environment and Rural Communities Act 2006 (c 16), also referred to as the NERC Act (2006), is an Act of the Parliament of the United Kingdom. In a reorganisation of public bodies involved in rural policy and delivery, the measures dissolved English Nature, the Countryside Agency and the Rural Development Service, and established Natural England.
Chapter 1 (sections 1–16) deals with the establishment and role of Natural England. English Nature and the Countryside Agency are dissolved, and most of their powers transferred to the new agency. [2]
Chapter 2 (sections 17–25) establishes as a public body the Commission for Rural Communities, which had been created in 2005 as a division of the Countryside Agency. Subsequently, a statement in June 2010 by Caroline Spelman led to the abolition of the commission. [3]
Section 39 and Schedule 4 reconstitute the Joint Nature Conservation Committee.
Section 40 of the NERC Act places a duty to conserve biodiversity on public authorities in England. It requires local authorities and government departments to have regard to the purposes of conserving biodiversity in a manner that is consistent with the exercise of their normal functions such as policy and decision-making. 'Conserving biodiversity' may include enhancing, restoring or protecting a population or a habitat. [4]
Section 41 requires the Secretary of State to publish and maintain lists of species and types of habitats which are regarded by Natural England to be of "principal importance" for the purposes of conserving biodiversity in England. These 56 priority habitats and 943 species are drawn from earlier lists of United Kingdom Biodiversity Action Plan Priority Species and Habitats. The Section 41 lists are needed by decision-makers in local and regional authorities when carrying out their duties under Section 40 of the Act. [5]
Section 42 similarly required the National Assembly for Wales to publish equivalent lists of priority species and habitats for that country. However, this requirement (and one specified in Section 40 for Wales) has been superseded by virtue of similar requirements being enshrined in the Environment (Wales) Act 2016. [6]
The act laid the ground for rationalisation of levy-funded boards in agriculture and related industries, leading to the establishment in 2008 of the Agriculture and Horticulture Development Board.
The following orders have been made under this section:
The Countryside Agency was a statutory body set up in England in 1999 with the task of improving the quality of the rural environment and the lives of those living in it. The agency was dissolved in 2006 and its functions dispersed among other bodies.
A site of special scientific interest (SSSI) in Great Britain, or an area of special scientific interest (ASSI) in the Isle of Man and Northern Ireland, is a conservation designation denoting a protected area in the United Kingdom and Isle of Man. SSSI/ASSIs are the basic building block of site-based nature conservation legislation and most other legal nature/geological conservation designations in the United Kingdom are based upon them, including national nature reserves, Ramsar sites, Special Protection Areas, and Special Areas of Conservation. The acronym "SSSI" is often pronounced "triple-S I".
English Nature was the United Kingdom government agency that promoted the conservation of wildlife, geology and wild places throughout England between 1990 and 2006. It was a non-departmental public body funded by the Department for Environment, Food and Rural Affairs (DEFRA) and gave statutory advice, grants and issued licences.
This page gives an overview of the complex structure of environmental and cultural conservation in the United Kingdom.
NatureScot is the operating name for the body formally called Scottish Natural Heritage. It is an executive non-departmental public body of the Scottish Government responsible for the country's natural heritage, especially its natural, genetic and scenic diversity. It advises the Scottish Government on nature conservation, and acts as a government agent in the delivery of conservation designations, i.e. national nature reserves, local nature reserves, national parks, Sites of Special Scientific Interest (SSSIs), Special Areas of Conservation, Special Protection Areas and the national scenic areas. It receives annual funding from the Government in the form of Grant in Aid to deliver Government priorities for the natural heritage.
An Area of Outstanding Natural Beauty is one of 46 areas of countryside in England, Wales, or Northern Ireland that has been designated for conservation due to its significant landscape value. On 22 November 2023 the AONBs in England and Wales adopted a new name, National Landscapes, and are in the process of rebranding.
The Wildlife and Countryside Act 1981 is an Act of Parliament in the United Kingdom implemented to comply with European Council Directive 79/409/EEC on the conservation of wild birds. In short, the act gives protection to native species, controls the release of non-native species, enhances the protection of Sites of Special Scientific Interest and builds upon the rights of way rules in the National Parks and Access to the Countryside Act 1949. The Act is split into 4 parts covering 74 sections; it also includes 17 schedules.
The Department for Environment, Food and Rural Affairs (DEFRA) is a department of His Majesty's Government in the United Kingdom responsible for environmental protection, food production and standards, agriculture, fisheries and rural communities in the entire United Kingdom. Concordats set out agreed frameworks for co operation, between it and the Scottish Government, Welsh Government and Northern Ireland Executive, which have devolved responsibilities for these matters in their respective nations.
The Rural Development Service (RDS) was formerly part of the UK Government's Department for Environment, Food and Rural Affairs (Defra). It ceased to exist on 1 October 2006 following the creation of Natural England.
The National Parks and Access to the Countryside Act 1949 is an Act of the Parliament of the United Kingdom which created the National Parks Commission which later became the Countryside Commission and then the Countryside Agency, which became Natural England when it merged with English Nature in 2006. The Act provided the framework for the creation of National Parks and Areas of Outstanding Natural Beauty in England and Wales, and also addressed public rights of way and access to open land.
The United Kingdom Biodiversity Action Plan or (UK BAP) was the UK government's response to the Convention on Biological Diversity, opened for signature at the Rio Earth Summit in 1992. The UK was the first country to produce a national Biodiversity Action Plan. It was published in 1994 and created action plans for priority species and habitats in the UK that were most under threat so as to support their recovery.
The Environmental Protection Act 1990 is an Act of the Parliament of the United Kingdom that as of 2008 defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.
An internal drainage board (IDB) is a type of operating authority which is established in areas of special drainage need in England and Wales with permissive powers to undertake work to secure clean water drainage and water level management within drainage districts. The area of an IDB is not determined by county or metropolitan council boundaries, but by water catchment areas within a given region. IDBs are geographically concentrated in the Broads, Fens in East Anglia and Lincolnshire, Somerset Levels and Yorkshire.
The Commons Act 2006 is an Act of the Parliament of the United Kingdom. It implements recommendations contained in the Common Land Policy Statement 2002.
The Water Act 2003 is an Act of the Parliament of the United Kingdom.
The Environment (Wales) Act 2016 is an Act of the National Assembly for Wales that was given royal assent on 21 March 2016. It put into place the necessary legislation to enable the planning and management of the natural resources of Wales in a more sustainable, pro-active and joined-up way than was previously possible.