Part 6: Nature and Biodiversity Section 109: Species conservation strategies
This section establishes species conservation strategies, which may be prepared by Natural England with the purpose of improving the conservation status of a specified species. It further requires local planning authorities, and any other public authority specified in regulations by the Secretary of State, to cooperate with Natural England in preparing and implementing a strategy. It then establishes that these authorities must consider any relevant strategy as they carry out their functions.
	Natural England has already developed such a strategic approach in relation to licensing activity impacting on great crested newts. Evidence from this existing scheme will be used to inform aspects of the development of future strategies for other species.
	In the areas of the country where species conservation strategies are put into effect, the measures they include will be integrated into the relevant Local Nature Recovery Strategies. This will allow them to form part of a wider landscape-scale plan for nature.
	Subsection (1) specifies that a strategy may be prepared by Natural England, and that Natural England should publish it. It further defines the overall purpose of the strategy as improving the conservation status of any species of flora or fauna. This is to ensure that Natural England can prepare a strategy for any species where it is beneficial, without being constrained to any specific list of endangered or threatened species.
	Subsection (2) establishes the name of the new type of strategy.
	Subsection (3) sets out that a strategy should apply to a specific area, which can consist of England or any part of England. This allows Natural England to define the area to best suit the needs of the population of the species to which the strategy applies.
	Subsection (4) lists elements that may form part of a strategy. The list is not definitive, as each strategy will be prepared to best support the conservation needs of a particular species and those needs will vary.
	Paragraphs (a) and (b) of subsection (4) establish that a strategy may identify areas or features in the strategy area that are important for the protection of the species (such as key habitat) and set out priorities for where habitat can be created or improved so as to improve the species’ conservation status. Paragraphs (c) and (d) further specify that the strategy may include Natural England’s proposal for improving the conservation status of the species and Natural England’s advice to other decision making bodies, for example about conditions relating to the species that should attach to any approval given. Finally, paragraph (e) specifies that the strategy may set out how the mitigation hierarchy (avoid, mitigate, compensate) should be applied to addressing impacts on the strategy area from activity such as development.
	Subsection (5) gives Natural England a power to periodically amend a strategy. This will allow strategies to be updated as evidence emerges showing how effective they are in improving the conservation status of the species.
	Subsection (6) places a duty on local planning authorities and other prescribed authorities (as established by the Secretary of State through regulations as set out in subsection (9)) to cooperate with Natural England in preparing and implementing a strategy. The duty only applies if the cooperation required is relevant to the functions of the authority. This duty is a proportionate way to ensure Natural England has the data and support required to efficiently and effectively establish and lead a strategy.
	Subsection (7) provides a power for the Secretary of State to produce guidance for authorities setting out what is required by the duty to cooperate in subsection (6). The power allows bespoke guidance to be prepared for each strategy, as the cooperation required will vary for different species and strategy areas.
	Subsection (8) requires guidance made under this section to be laid before Parliament before it is published.
	Subsection (9) requires authorities to consider any relevant strategies as they carry out their functions. This will have the effect that strategies are considered when local plans are developed or authorities carry out any other relevant functions which might impact on the conservation status of the species in the strategy area.
	Subsection (10) defines some terms used throughout the section. It clarifies that the scope of the strategies extends to the territorial sea adjacent to England, but not the sea adjacent to Wales or Scotland as the legislation only applies to England. It further defines "local planning authority" as the definition used in the Town and Country Planning Act 1990.
	Subsection (10) also gives the Secretary of State a power to specify in regulations other prescribed public authorities in addition to local planning authorities that may be required to cooperate with natural England in preparing and operating a strategy. While cooperation will largely be required only from local planning authorities, a specific strategy might require cooperation from other public authorities such as a marine management organisation or the Environment Agency.
	Subsection (11) establish that the regulations in subsection (10) should be issued through a statutory instrument subject to the negative resolution procedure in Parliament.