40 Duty to conserve [and enhance] biodiversity

Part 3 Wildlife etc

Biodiversity

40  Duty to conserve [and enhance] biodiversity

[(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

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