- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
(1)Section 40 of the Natural Environment and Rural Communities Act 2006 (duty to conserve biodiversity) is amended in accordance with subsections (2) to (7).
(2)In the heading, after “conserve” insert “and enhance”.
(3)For subsections (A1) and (1) substitute—
“(A1)For the purposes of this section “the general biodiversity objective” is the conservation and enhancement of biodiversity in England through the exercise of functions in relation to England.
(1)A public authority which has any functions exercisable in relation to England must from time to time consider what action the authority can properly take, consistently with the proper exercise of its functions, to further the general biodiversity objective.
(1A)After that consideration the authority must (unless it concludes there is no new action it can properly take)—
(a)determine such policies and specific objectives as it considers appropriate for taking action to further the general biodiversity objective, and
(b)take such action as it considers appropriate, in the light of those policies and objectives, to further that objective.
(1B)The requirements of subsection (1A)(a) may be satisfied (to any extent) by revising any existing policies and specific objectives for taking action to further the general biodiversity objective.
(1C)The first consideration required by subsection (1) must be completed by the authority within the period of one year beginning with the day on which section 102 of the Environment Act 2021 comes into force.
(1D)Any subsequent consideration required by subsection (1) must be completed no more than five years after the completion of the authority’s previous consideration.
(1E)A determination required by subsection (1A)(a) must be made as soon as practicable after the completion of the consideration to which it relates.
(1F)Nothing in this section prevents the authority from—
(a)determining or revising policies and specific objectives at any time, or
(b)taking action to further the general biodiversity objective at any time.”
(4)In subsection (2) for “subsection (1)” substitute “subsections (1) and (1A)”.
(5)After subsection (2) insert—
“(2A)In complying with subsections (1) and (1A) the authority must in particular have regard to—
(a)any relevant local nature recovery strategy, and
(b)any relevant species conservation strategy or protected site strategy prepared by Natural England.
(2B)The Secretary of State must issue guidance to local planning authorities as to how they are to comply with their duty under subsection (2A)(a) when complying with subsections (1) and (1A) in their capacity as such authorities.
(2C)Guidance under subsection (2B) must be—
(a)published by the Secretary of State in such manner as the Secretary of State thinks fit,
(b)kept under review, and
(c)revised where the Secretary of State considers it appropriate.
(2D)The first guidance under subsection (2B) must be published by the Secretary of State within the period of two years beginning with the day on which section 102 of the Environment Act 2021 comes into force.”
(6)For subsection (3) substitute—
“(3)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.”
(7)After subsection (5) insert—
“(6)This section has effect in relation to Her Majesty’s Revenue and Customs with the following modifications—
(a)the omission from subsection (A1) of the words “in England” and “in relation to England”;
(b)the omission from subsection (1) of the words from “which” to “England”.
(7)In this section references to England include the territorial sea adjacent to England.”
(8)In section 41 of that Act (biodiversity lists and action (England))—
(a)in subsection (1), after “conserving” insert “or enhancing”;
(b)in subsection (3) for “and (2)” substitute “and (1A)”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys