Commentary on Sections Part 1 – Sustainable management of natural resources Section 7 – Biodiversity lists and duty to take steps to maintain and enhance biodiversity
47.This section is similar to the duty in section 42 of the NERC Act 2006 which it replaces. It places a duty on the Welsh Ministers to publish, review and revise lists of living organisms and types of habitat in Wales, which they consider are of key significance to sustain and improve biodiversity in relation to Wales.
48.Before publishing, reviewing and revising the lists, the Welsh Ministers must consult NRW (subsections (2) and (4)).
49.This section also requires the Welsh Ministers to take, and encourage others to also take measures to sustain and improve the listed organisms and habitats (subsection (3)).
50.In producing the list or taking any measures to sustain and improve the listed organisms and habitats, the Welsh Minister must apply the principles of sustainable management of natural resources (as provided in section 4 of the Act). The Welsh Ministers must therefore consider any appropriate evidence, for example as provided in the state of natural resources report (see section 7) and also engage with any relevant stakeholders (subsection (5)).
51.Section 42 of the NERC Act 2006 is repealed by paragraph 9(3) of Schedule 2 to the Act.