‘Section 40 of the Natural Environment and Rural Communities Act 2006 (NERC Act) provides in section 40(3) that:
“The action which may be taken by the authority to further the general biodiversity objective includes, in particular, action taken for the purpose of—
(a) conserving, restoring or otherwise enhancing a population of a particular species, and
(b) conserving, restoring or otherwise enhancing a particular type of habitat.”
This gives local authorities a function in respect of conservation works. In addition, Local Nature Recovery Strategies will “Take action – local partners work together with landowners and managers to create and enhance habitat for nature and environment and take other biodiversity-positive actions.”’
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Old Square Chambers, 11th April 2025
Source: oldsquare.co.uk