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Biodiversity duty for public bodies

Biodiversity affects every one of us because it is truly cross-cutting, relating to social, health and economic issues.

Under Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006, all public bodies in England have a legal duty to conserve and enhance biodiversity in the exercise of their functions. The Environment Act 2021 strengthened this duty, requiring public authorities to publish biodiversity reports setting out what they have done to comply with it. Most authorities were required to publish their first report by January 2026.

The duty applies broadly – to local authorities, NHS trusts, government agencies, universities, and many other public bodies. It is not limited to land management; it extends to policy-making, procurement, and any activity where decisions affect the natural environment.

What does the duty require in practice?

Public bodies can demonstrate compliance by integrating biodiversity into policies and decision-making across all functions; ensuring staff understand how biodiversity relates to their decisions; supporting local initiatives and data infrastructure such as SBIS and the County Wildlife Site system; protecting and enhancing biodiversity in line with statutory obligations; accessing professional ecological expertise and up-to-date local biodiversity data; and reporting on progress against national and local biodiversity targets.

Species of principal importance

Section 41 of the NERC Act 2006 requires the Secretary of State to publish a list of species and habitats of principal importance for biodiversity conservation in England. This list – covering 943 species and 56 habitats – is the key reference for public bodies meeting their duty. You can download the current list from GOV.UK: Habitats and species of principal importance in England.

For species afforded direct legal protection, the current schedules under the Wildlife and Countryside Act 1981 are also maintained on GOV.UK: Government response to the 7th quinquennial review of Schedules 5 and 8.

Suffolk’s Priority Species

SBIS maintains detailed information on Suffolk’s Priority Species – the species of greatest conservation concern locally, many of which appear on the national Section 41 list. This is a practical resource for any public body assessing its biodiversity obligations in Suffolk: Suffolk’s Priority Species.