Abstract
Section 40 of the Natural Environment and Rural Communities (NERC) Act places a duty on public authorities to have regard to the purpose of conserving biodiversity. This project is to collect information from public authorities and others on implementation of the duty, and to assess and draw conclusions on its impact and effectiveness. The section 40 duty came into force on 1 October 2006. It replaced a pre-existing duty on Ministers and Government, which was set out in s74 of the Countryside and Rights of Way Act 2000, and now extends that duty to all public authorities, such as local authorities, parish councils, statutory undertakers, the police, fire service, health and transport authorities.