Biodiversity Duty Reporting

Section 40 NERC Act Compliance for UK Public Bodies

Check Your DutiesView Reporting Process

Understanding Biodiversity Duty

The biodiversity duty under Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006 requires public authorities to have regard to conserving biodiversity when carrying out their functions. Since January 2024, strengthened reporting requirements mandate detailed reporting every three years.

Legal Requirement

Mandatory for all public authorities under NERC Act Section 40

3-Year Reporting

Detailed report required every three years since January 2024

Nature Recovery

Supports UK's 25 Year Environment Plan and nature recovery

Who Must Report Biodiversity Duty?

Local Authorities

  • • County councils
  • • District councils
  • • Unitary authorities
  • • Town & parish councils
  • • London boroughs

Government Bodies

  • • Central government departments
  • • Non-departmental public bodies
  • • Executive agencies
  • • Public corporations
  • • Special health authorities

NHS & Education

  • • NHS foundation trusts
  • • Clinical commissioning groups
  • • Higher education institutions
  • • Further education corporations
  • • Academy trusts

Regional Bodies

  • • National Park authorities
  • • Integrated transport authorities
  • • Police & crime commissioners
  • • Fire & rescue authorities
  • • Welsh/Scottish public bodies

Uncertain? If your organization exercises public functions or is funded by public money, you likely have biodiversity duty reporting obligations. Seek legal advice for complex cases.

Biodiversity Duty Reporting Requirements

Core Reporting Elements

  • Actions taken to conserve biodiversity
  • Consideration of biodiversity in policies and decision-making
  • Partnership working and collaboration efforts
  • Contribution to local nature recovery networks
  • Support for Environmental Land Management schemes

Enhanced 2024+ Requirements

  • Quantitative Data: Measurable biodiversity outcomes
  • Nature Recovery: Contribution to 30% land protection target
  • Climate Integration: Link biodiversity and climate actions
  • Public Accessibility: Reports must be publicly available
  • Annual Updates: Brief annual progress summaries required

Biodiversity Duty Reporting Timeline

Key Reporting Dates

Reports must be published by 1 January following the end of each reporting period

Period 1

1 Jan 2021 - 31 Dec 2023

Due: 1 Jan 2024

Period 2

1 Jan 2024 - 31 Dec 2026

Due: 1 Jan 2027

Ongoing

Every 3 years thereafter

Continuous cycle

Biodiversity Duty Examples by Sector

Local Authorities

  • • Green space management policies
  • • Planning application biodiversity requirements
  • • Tree planting and management programs
  • • Biodiversity net gain implementation
  • • Support for local nature reserves

NHS Trusts

  • • Hospital grounds biodiversity management
  • • Green prescribing initiatives
  • • Pollinator-friendly landscaping
  • • Partnership with Wildlife Trusts
  • • Sustainable procurement policies

Education Sector

  • • School nature gardens and wildlife areas
  • • Environmental education curricula
  • • Campus biodiversity management
  • • Student engagement programs
  • • Research partnerships

Biodiversity Duty Best Practices

Effective Reporting

  • Use specific, measurable examples with quantitative data where possible
  • Include photos, maps, and case studies to demonstrate impact
  • Show progression and lessons learned from previous periods
  • Reference local biodiversity action plans and strategies
  • Highlight collaborative working and partnerships

Strategic Integration

  • Integrate biodiversity considerations into all policy areas
  • Align with climate targets and nature recovery goals
  • Connect to environmental reporting frameworks
  • Engage with local nature partnerships and wildlife groups
  • Consider biodiversity in procurement and operations

Legal Framework & Enforcement

Legal Basis

  • • NERC Act 2006 Section 40: Primary legislation establishing biodiversity duty
  • • Environment Act 2021: Strengthened reporting requirements
  • • 25 Year Environment Plan: Strategic framework for nature recovery
  • • Environmental Improvement Plan 2023: Updated targets and commitments

Compliance & Enforcement

  • • No specific penalties for non-reporting, but legal duty remains
  • • Potential judicial review for failure to have regard to biodiversity
  • • Ombudsman complaints for public service failures
  • • Regulatory scrutiny and public accountability

Professional Tip: While enforcement is limited, biodiversity duty is increasingly scrutinized by auditors, regulators, and the public. Robust reporting demonstrates good governance and legal compliance.

Biodiversity Duty Reporting FAQs

What happens if we don't publish our biodiversity duty report?
While there are no specific financial penalties, failing to report breaches your legal duty under the NERC Act. This could lead to judicial review, ombudsman complaints, regulatory scrutiny, and reputational damage. It's also increasingly monitored by environmental groups and the media.
How detailed does our biodiversity duty report need to be?
Reports should be proportionate to your organization's size and functions. Small parish councils might produce 2-3 page reports, while large authorities need comprehensive documents. Include specific examples, quantitative data where possible, and demonstrate genuine consideration of biodiversity in decision-making.
Can we combine biodiversity duty reporting with other environmental reports?
Yes, many organizations integrate biodiversity duty reporting withSECR,TCFD, or sustainability reports. Ensure the biodiversity duty elements are clearly identifiable and meet the specific NERC Act requirements.
What if our organization has minimal impact on biodiversity?
All public authorities must report, regardless of perceived impact. Consider indirect effects like procurement policies, staff travel, building management, and partnership opportunities. Even small actions like pollinator-friendly landscaping or supporting local conservation groups fulfill the duty.
How does this relate to Biodiversity Net Gain requirements?
Biodiversity Net Gain is a separate planning requirement, but supporting BNG delivery can be reported as part of your biodiversity duty. Many local authorities include BNG policy development and implementation as key biodiversity duty actions.

Get Biodiversity Duty Compliant

Ensure legal compliance and demonstrate environmental leadership

Free Biodiversity Duty Assessment

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Related Biodiversity Resources

Biodiversity Reporting

Comprehensive biodiversity reporting guidance

Biodiversity Net Gain

Planning requirement for 10% biodiversity net gain

Environmental Reporting

Navigate all UK environmental reporting requirements