Natural Environment and Rural Communities Act 2006

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.
Chapter 1.
Chapter 1 (sections 1-16) deals with the establishment and role of Natural England.
Sections 40 to 42 – Duty to conserve biodiversity.
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.
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.
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 However, this requirement (and one specified in Section 40 for Wales) has been superseded by virtue of similar requirements being enshrined in the Environment (Wales) Act 2016.
Section 107 – Commencement.
The following orders have been made under this section: