The NERC Act (2006) Explained

What is NERC?

The Natural Environment and Rural Communities Act (2006)

What does NERC mean?

The NERC act aims to encourage greater consideration of biodiversity within everyday decisions made by all public bodies.

Click here for the full text of the NERC act (2006) 

Click here for guidance for Local Authorities in implementing the bioodiversity duty

Click here for guidance for Public Authorities in implementing the biodiversity duty

What does NERC mean for public bodies? 

Section 40 of NERC (2006) states that:

'Every public body must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity.'

This section of NERC is often referred to as 'the biodiversity duty' and it excludes the day-to-day professional roles of public bodies and looks instead at what the organisation is doing for biodiversity outside of its core function.

eg. For an organisation like Natural England it is not how they manage their network of nature reserves and SSSI which satisfies the biodiversity duty but rather how they manage land around their offices away from reserves.

 Update of the NERC Act (2006) Species & Habitats List

The Secretry of State has agreed an update of the Habitats and Species listed in Section 41 of the NERC Act (2006). These are known as Habitats and Species of Principle Importance in England.

There are now 56 habitats and 943 species on the Section 41 list representing those considered important for conserving biodiversity. The Section 41 list should be used as a guide by any public body which has the biodiversity duty under the NERC Act.

 Click here to download the full Section 41 list of habitats and species considered of principle importance under the NERC Act (2006)

E.ON at Ironbridge (Buildwas) Power Station

E.ON have significant opportunities to enhance biodiversity and are already carrying out projects at the Ironbridge power station site. E.ON have a company Biodiversity statement which is available from the E.ON website and also have a BAP for the Ironbridge power station site. They have an ecologist, education and PR officer at Ironbridge at least 3 days a week.

The pulverized fly ash disposal site is located on high ground about 2km from the power station and covers more than 40 hectares called Devil’s Dingle. A single lagoon has been part of the site workings but will be transformed, through a restoration project, into several shallow pools, areas of wet grassland, open water, marsh and reed swamp. There is also an area of relatively unimproved grassland which was once destined to be returned to agriculture, this policy has been abandoned and the current plans are for low density grazing by sheep with nature conservation as the priority.

Two barn owl boxes have been recently added on the site with the help of Shropshire Barn Owl Group to make a total of 6 barn owl boxes across the site. One of the pole mounted nest boxes was successfully used by a pair of barn owls in 2007.

E.ON is working in partnership with Shropshire Wildlife Trust and Severn Gorge Countryside Trust to run volunteer tasks and carry out habitat management on the site.

Shropshire Fire and Rescue Service

Shropshire Fire and Rescue Service take environmental management very seriously and hold ISO14001 registration (the internationally recognised standard for environmental management systems) for all of their activities. There are few opportunities to enhance biodiversity available to the Service but they are taking advantage of any which arise.

A policy statement has been prepared for the site and it is now being managed in sympathy with the presence of great crested newt, a European protected species. The habitat protection notice can be viewed here

Great crested newts were recently discovered to be using a concrete trough at the Telford Central Fire Station and Training Centre (see photograph). The sloping trough was originally built to assist in training with cars in confined positions, firefighting foam familiarisation and pumping from open water. It has since become flooded and the water surface is just below ground level.

At other locations the Service is also improving biodiversity, it has provided nesting and habitat boxes at a number of sites and the option of putting barn owl boxes on training towers is being investigated with Shropshire Barn Owl Group.

HM Prison Service at Stoke Heath Young Offenders' Institution

The Prison Service has a national environment policy which applies to the national estate some of which is of high significance and includes areas of SSSI however opportunities at Stoke Heath are limited by the security needs of the site, vegetation has to be controlled, yet the staff and prisoners are working within the functionality of the site.

There is considerable emphasis placed on issues within the wider environment with prisoners. The sites sort and recycles its own waste and has reduced the volume going to landfill from 19.6 to 16 tons per year, this is half way to its target of a 30% reduction. A wormery based composting system is under construction and the site has purchased a Swiss built unit to recycle food waste into compost on a four week cycle.

Natural England

Natural England is among the organisations expected to fully understand the biodiversity duty since enhancing biodiversity is an integral part of the organisation's role. They have opportunities, in addition to the biodiversity work on their NNRs, and are taking advantage of them.

Rigmoreoak 

This is the base from which The Stiperstones and Downton Gorge NNRs are managed

Nest boxes have been provided all around the buildings specifically for barn owl, house martin, swift and blue / great tit. (The photo shows the barn owl box integrated into a building)

 The bank on the side of the car park has been seeded with wild flower seed collected from a SSSI meadow within the NNR. 200m of mixed local species hedging has been planted alongside the approach track from the main road.

                                                                                      Moss Lane

 Moss Lane is the base from which Fenn's, Whixall & Bettisfield Mosses NNR is managed.

There is mixed local species hedge planted around the car park at Fenn's and Whixall and a barn owl box erected there. Wildflower seed from a local hay meadow has been sewn around the visitor car park at Morris' Bridge, Whixall. During the restoration of newly acquired fields, locally sourced native braodleaves are being used during gapping up the hedges to increase their biodiversity (pictured left).

Severn Trent Water Ltd.

The company has a Strategic Direction Statement (SDS) 2010 - 2035 which makes only a single mention of biodiversity which is less than the importance given to biodiversity by some of its competitors in their core documents.

Natural England has expressed its concern, citing Severn Trent Water’s Biodiversity Action Plan and previous excellent record of achievement for species and habitat work and the protection of SSSIs in the company’s care.

In 2005, STW published a five year progress report on the BAP, which details the company's biodiversity work throughout their operating region and includes details of work at Monkmoor Sewage Works.

Monkmoor Sewage Works

Part of this site is open to public access as the Monkmoor Nature Reserve, Shrewsbury through an agreement with Shropshire Wildlife Trust. There are a number of ongoing biodiversity projects on this site.