Biodiversity Duty

What is the Biodiversity Duty?

The Nature Conservation (Scotland) Act 2004 (the 2004 Act) places a duty on all public bodies and office holders in Scotland to ‘further the conservation of biodiversity when exercising their functions’, and to comply with this duty as far as it is ‘consistent with the proper exercise of those functions’.  The 2004 Act requires, and empowers (public bodies) to take appropriate positive action to ‘further the conservation of the overall diversity, richness and extent of the natural world’.  

Public bodies should ‘consider the impacts which their activities and policies have on the health of the environment and act, in ways consistent with their statutory functions, to ensure that conservation of biodiversity is encouraged and advanced’.

The 2004 Act further explains that public bodies and office holders must have regard to the UN Convention on Biological Diversity i.e. the Kunming-Montreal Global Biodiversity Framework, and the Scottish Biodiversity Strategy: Tackling the Nature Emergency - Scottish biodiversity strategy to 2045. The 2004 Act further states that the Scottish Biodiversity List identifies species of flora and fauna, and habitats considered by the Scottish Ministers to be of principal importance for the purpose of the duty.  The Wildlife and Natural Environment (Scotland) Act 2011 requires public bodies in Scotland to provide a publicly available report every three years, on the actions which they have taken to meet the biodiversity duty.

Biodiversity and wider goals and outcomes

The Biodiversity Duty is not intended to be narrow or prescriptive – it is about taking care of nature all around us, not only on specific protected sites or for some species or habitats.  There are many ways that public bodies can contribute to halting and reversing the loss of biodiversity and building a nature-positive future.  As outlined in the Scottish Biodiversity Strategy, we need a whole of society and whole of government approach.

As well as delivering for biodiversity, fulfilling your Biodiversity Duty by carrying out actions for nature can help to address wider outcomes and societal challenges, such as:

• Mitigating climate change by capturing carbon in healthy ecosystems such as woodlands, peatlands, in the marine environment and around our coasts.
• Adapting to the impacts of climate change by putting in place Nature-based Solutions such as natural flood management infrastructure, urban greening measures, local nature networks, sustainable urban drainage systems, and natural coastal protection schemes.
• Increasing opportunities for outdoor recreation and contact with nature by providing access to nature-rich green and blue spaces near to where people live.
• Raising awareness and understanding of how our individual and collective choices and behaviours can impact on nature here in Scotland and worldwide.
• Strengthening local economies, including in remote rural areas by caring for the environment and supporting and building nature-based jobs and skills.
• Ensuring compliance with the legislation and demonstrating your contribution to Scotland meeting its national and international biodiversity targets.
• Contributing to a just transition to a nature-positive, net zero Scotland.
• Demonstrating that public bodies are working in a socially responsible and ethical way by safeguarding biodiversity and environmental assets for future generations.

  For more advice and guidance on what actions you could take to contribute to the conservation of biodiversity read Biodiversity Duty Explained

Reporting on the Biodiversity Duty

The Nature Conservation (Scotland) Act 2004, Section 2A places a duty on all public bodies in Scotland to publish ‘biodiversity reports’ every three years that outline the actions taken by the body in pursuance of its duties under Section 1 of the Act.

Your next report is due by 1 Jan 2027.

While the 2004 Act does not specify the form of biodiversity reports, Biodiversity Duty Explained provides advice on the sorts of actions you can take for biodiversity and how you might report on them.  It will help you to select a template with further suggestions to assist in drafting your biodiversity duty report.

To submit your Biodiversity Duty Report, you should publish it online and email a link to [email protected].  If you have any queries about the reporting or submission process, please contact [email protected].