Natural Environment and Rural Communities Act, 2006, Section 40 places a statutory duty on all public bodies to have regard, so far as is consistent with the proper exercise of their functions, to the purpose of conserving biodiversity’.   Conserving biodiversity includes restoring or enhancing a population or habitat.

Council Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora (Habitats Directive) which aims to promote the maintenance of biodiversity.  The Member States are required to take measures to maintain or restore natural habitats and wild species at a favourable conservation status and introduce protection for those habitats and species of European importance.

Council Directive 79/409/EEC on the conservation of wild birds (Birds Directive) which provides a framework for the conservation and management of, and human interactions with, wild birds in Europe.

Conservation of Habitats and Species Regulations 2010 (the Habitat Regulations) transposed the requirements of the Habitats Directive into UK law.  An ecological network of protected sites across the EU were set up, known as the Natura 2000.  These sites include Special Protection Areas (SPAs), which aim to protect important bird species; and Special Areas for Conservation, which aim to protect habitats, animals and plants listed under the Habitats Directive. The regulations also require an appropriate assessment to be undertaken where a proposal may include potentially damaging operations on or near one of these sites.  Consent for such a proposal may only be granted once it has been shown that the proposed operation will not adversely affect the integrity of the site.  In instances where damage could occur permission may be granted where there is no alternative solution AND there are imperative economic, social or environmental reasons of overriding public interest. 

The Wildlife and Countryside Act 1981 (as amended) affords protection to wild animals and plants.  Section 1 refers to the protection of wild birds with additional protection for  birds listed in Schedule 1 of the act.  Section 9 also provides protection for a number of animals listed under Schedule 5 of the Act.  Section 13 sets out protection for wild plants with additional protection against uprooting, picking and destruction of plants listed under schedule 8 of the Act.  This Act sets out responsibilities for the designation of protected areas, such as Sites of Special Scientific Interest (SSSIs) by the Countryside Council for Wales.  The Act also includes provisions for the prevention of release of certain non-native species into the wild.

A list of the European and nationally protected species as set out in these pieces of legislation can be found here.

RAMSAR Convention 1971 provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources.  It also lists a number of wetland areas of international importance.

National Parks and Access to the Countryside Act 1949 sets out provisions for the designation of National Nature Reserves (NNRs) by the Countryside Council for Wales and Local Nature Reserves (LNRs) by the Local Authorities.

The Hedgerow Regulations 1997 aim to protect ‘important’ hedgerows, as defined by statutory criteria that include ecological and historical features.

Countryside Rights of Way Act 2000, Section 74 – Biological Diversity states that “It is the duty of (the National Assembly for Wales) in carrying out its functions, to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biological diversity in accordance with the Convention” (on biological diversity ratified following the 1992 Rio Earth Summit).  The Welsh Assembly has published a list of habitats and species that are of principal importance to biodiversity conservation in Wales.

The Protection of Badgers Act 1992 affords protection to Badgers.  The main provisions of this act prevent cruelty to this species and it is an offence to: wilfully kill or injure; interfere with a badger sett by damaging or destroying it; obstruct access to a badger sett; and to disturb a badger when it is occupying a sett.