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Best Value and Biodiversity in Scotland: A HANDBOOK OF GOOD PRACTICE FOR PUBLIC BODIES
CHAPTER 2 Statutory Duties and Powers Relating to Biodiversity
Many functions of local government are set and defined by primary and secondary legislation. The Local Government in Scotland Act 2003, through its statutory duties, strengthens the consideration of sustainable development in local government. The Nature Conservation (Scotland) Act 2004 applies a general biodiversity duty to all Scottish public bodies and office holders, which will oblige them to "further the conservation of biodiversity" in the course of exercising their functions. The Countryside and Rights of Way Act (2000) imposes
a lesser duty on the UK Government and the National Assembly for Wales to "have regard to the conservation of biological diversity in accordance with the Convention on biological diversity, in the exercise of their functions".
The key primary and secondary legislation and policy documents that give local authorities the duties and powers relating to biodiversity and nature conservation action are listed alphabetically below. Summaries of the policy documents are in
appendix 4.
Table 1: Legislation Relating to Biodiversity
Primary legislation | Countryside (Scotland) Act 1967 |
Environment Act 1995 |
Environmental Protection Act 1990 |
Flooding Prevention (Scotland) Act 1961 |
Local Government in Scotland Act 2003 |
National Parks and Access to the Countryside Act 1949 |
Nature Conservation (Scotland) Act 2004 |
Planning and Compensation Act 1991 |
Town and Country Planning (Scotland) Act 1997 |
Wildlife & Countryside Act 1981 |
Secondary legislation | Conservation (Natural Habitats etc.) Regulations 1994 |
Environmental Impact Assessment (Scotland) Regulations 1999 |
Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999 |
Pollution Prevention and Control (PPC) (Scotland) Regulations 2000 |
Rural Stewardship Scheme (Scotland) Regulations 2001 |
Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 |
Policy guidance | Action for Scotland's Biodiversity (2000) |
A Flying Start: Local Biodiversity Action in Scotland (2001) |
Biodiversity in Scotland: Progress Report (2002) |
Biodiversity: The UK Steering Group Report (1995) |
Influence of Local Biodiversity Action Plans in the Unitary Authority LA21 Process and Community Planning (2001) |
Local Biodiversity Action Plans - A manual and guidance notes (1999) |
National Planning Policy Guideline 14 - Natural Heritage (1999) |
Planning Advice Note 60 - Planning for Natural Heritage (2000) |
Planning Advice Note 64 - Reclamation of Surface Mineral Workings (2002) |
Planning Advice Note 65 - Planning and Open Space (2003) |
Scottish Planning Policy 1 - The Planning System (2002) |
Sustaining the Variety of Life: 5 Years of the UK Biodiversity Action Plan (2001) |
UK Biodiversity Action Plan (1994) |
As well as making the link between best value and biodiversity, this publication shows what local authorities have already been doing for biodiversity conservation, across most service delivery areas.
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