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Biodiversity meaning

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What does Biodiversity mean?
In legal practice, biodiversity describes the variety of living organisms—within and between species of plants, animals and microorganisms—and the ecosystems in which they live and interact. The term is descriptive and used across multiple legal contexts (planning, nature conservation, environmental assessment and permitting). While UK and Irish legislation seldom defines “biodiversity” exhaustively, the widely adopted Convention on Biological Diversity definition underpins policy and casework; statutes tend instead to regulate its conservation and enhancement. Key legal features include: - Public authority biodiversity duties (England and Wales, Scotland and Northern Ireland) requiring action to conserve and enhance biodiversity. - Application in planning and infrastructure through Environmental Impact Assessment, Strategic Environmental Assessment and Habitats Regulations Assessment, and through conditions, obligations and licensing affecting protected sites (SSSIs, SACs, SPAs) and species. - In England, mandatory biodiversity net gain (BNG) under the Environment Act 2021 for most Town and Country Planning Act developments, measured using the statutory biodiversity metric and secured by legal agreement or conservation covenant. - In Wales, Scotland and Northern Ireland, enhancement duties and policy requirements exist but there is no statutory 10% BNG threshold. - In Ireland, obligations primarily arise under the Wildlife Acts, the Birds and Natural Habitats Regulations 2011 and the...
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View the related Checklists about Biodiversity

CHECKLISTS
Planning applications in England: submission and validation checklist for lawyers (forms, fees, national and local requirements, biodiversity net gain, EIA, fire statements)

Has the correct application form been used? If an application is submitted on the wrong form, or without the requisite details, it will be invalid and the local planning authority (LPA) may decline to validate it. The determination period only starts from the date the application is validated. The application must be submitted by one of the following routes: an online submission via the Planning Portal (advised) the national standard application form (1APP), completed and filed online or as a PDF a paper/PDF form downloaded from the Planning Portal ‘Paper Form Chooser’ (or, where available, from the relevant LPA’s website) and sent by post or email...

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View the related News about Biodiversity

NEWS
UK and EU environmental law weekly: consultations, policy and case updates across climate, hydrogen, buildings, enforcement, nuclear, ESG, chemicals (PFAS), biodiversity, waste and water—9 October 2025

In this issue: Air emissions and climate change Contamination and pollution Energy efficiency and buildings Energy for environmental lawyers Environmental information Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change Greenhouse Gas Removals (GGR)-UK government publishes Business Model documentation On 27 August 2025, the Department for Energy Security and Net Zero (DESNZ) released a suite of papers on its proposed Greenhouse Gas Removals (GGR) Business Model and accompanying policy. The Lexis+ Energy team, working with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law at the University of Edinburgh Law School, set out the context for the GGR Business Model; its relationship with the Power BECCS Business Model; the technologies the GGR framework intends to encompass; its legal footing and principal features; and how...

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NEWS
Environmental law weekly: permitting reforms, GGR contracts, CfD CIB consultation, PFAS timeline, ecodesign review, marine strategy critique, 25 Year Environment Plan indicators, landfill tax appeal, waste carrier permitting overhaul

In this issue: Air emissions and climate change Energy efficiency of products Energy for environmental lawyers ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Daily and weekly news alerts New and updated content Air emissions and climate change Defra opens consultation on industrial emissions permitting reforms The Department for Environment, Food and Rural Affairs (Defra) has begun consulting on plans to modernise England’s environmental permitting regime for industrial emissions. The package aims to foster innovation, adopt agile standards, secure proportionate and coherent regulation, boost regulator effectiveness and efficiency, and deliver a transparent system. Suggested measures include a new registration route for low-risk installations, flexible site permits setting overall emissions caps, and faster approvals for time‑limited technology trials. The proposals reflect the Corry Review’s critique of regulatory inefficiency. The Environment Agency intends to roll out changes that could cut permit queues from months to days and lower...

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NEWS
UK and EU environmental law weekly update: emissions trading, energy and nuclear, ESG reporting, UK REACH, waste and producer responsibility, biodiversity, marine, water and litigation—26 February 2026

In this issue: Air emissions and climate change Energy for environmental lawyers Environmental disputes and proceedings Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change DESNZ releases quarterly waste data reporting template for the UK ETS. The Department for Energy Security and Net Zero (DESNZ) has issued a template for quarterly waste data submissions under the UK Emissions Trading Scheme (UK ETS). It is designed for waste operators to use when sending quarterly data reports to their regulator during the voluntary monitoring, reporting and verification (MRV) period. See: LNB News 19/02/2026 50. AFME responds to European Commission consultation on climate resilience legislative framework. The Association for Financial Markets in Europe (AFME) has provided...

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View the related Practice Notes about Biodiversity

PRACTICE NOTES
Amending, Retrospectively Authorising and Revoking Planning Permissions: TCPA 1990 ss 96A, 73, 73A, 73B and 97, BNG and EIA—England and Wales

Ability to vary a planning permission once granted Once planning permission is in place, any development it authorises must at all times be carried out strictly in accordance with the conditions attached, including compliance with any plans cited in those conditions, and with any linked legal agreements. See Practice Note: Planning conditions—key points for more information. Nevertheless, revisions to an approved development are commonly required after permission has been given. This can arise for many reasons—for example, unforeseen matters may surface following the grant, prompting a move away from what has been consented, or simply because the design process is protracted and tends to evolve even once consent exists, ultimately resulting in changes to the scheme over time in practice...

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PRACTICE NOTES
Post‑Brexit EU–UK environmental law divergence tracker—cross‑sector, including GB–NI and devolved differences

This tracker monitors relevant EU-UK environmental law divergence and will be of interest to environmental lawyers. It captures significant areas where EU and UK rules diverge, though it is not an exhaustive catalogue. Where relevant, it flags internal UK differences (for example, between GB and NI, or between devolved administrations and the EU). The focus is on departures from EU Directives and Regulations; Decisions are not covered. UK consultations on principal divergence themes are noted. EU initiatives to introduce or amend legislation are added once the Council of the EU and the European Parliament have reached provisional agreement on the texts, enabling an indicative timetable for entry into force and applicability to be given. For a view of all EU environmental initiatives across every legislative stage, refer to our complete suite of EU environmental law trackers listed below. In this Practice Note, ‘divergence’ denotes differences in legislation, guidance or required standards arising after IP completion day (11 pm on 31 December 2020, marking the end of the...

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PRACTICE NOTES
Lease transactions environmental due diligence, liabilities and compliance: contamination, landfills, EPC/MEES, asbestos, flooding, knotweed, waste, permits, USTs, climate and biodiversity (England and Wales)

Environmental issues to consider As environmental liabilities can stall or derail transactions, the parties should decide at the heads of terms stage whether any environmental matters ought to be raised, such as: whether the landlord will supply environmental reports (desktop, phase 1s, phase 2s), asbestos surveys, or fire risk assessments? who is the asbestos dutyholder, and whether the asbestos register needs updating, an asbestos management plan prepared, or asbestos remedial works undertaken? whether the landlord’s EPC indicates a need for energy efficiency improvements? whether the tenant intends to carry out a phase 1 environmental audit or a phase 2 baseline audit? whether the tenant requires any environmental permits? the agreed approach to contaminated land liabilities—will the landlord take responsibility for existing contamination, and should the tenant be liable for new contamination or for mobilising existing contamination? whether tenant environmental covenants are required (for example, to clean up pollution spills or to allow the landlord to conduct phase 2 investigations)?... ...

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View the related Precedents about Biodiversity

PRECEDENTS
Deed of Planning Obligation under Section 106 TCPA 1990 (England): Precedent covering financial contributions, section 278 Highways Act 1980 works, open space, affordable housing, public art and biodiversity net gain

This Agreement is entered into on [ insert date ] of [ insert month ] [ insert year ] by and between: [ insert name ], of [ insert address ] (' Council '); [ insert name ], of [ insert address ] (' County Council '); [ insert name ], a company duly incorporated and registered in [ insert details ] under number [ insert details ], whose registered office is at [ insert address ] (' Developer '); [ Additional parties as necessary eg owner, landlord, mortgagee, option holder etc. ] (' [ insert additional parties as necessary eg owner, landlord, mortgagee, option holder etc ] '). Recitals The Council is the local planning authority for the purposes of section 106 of the 1990 Act for the area within which the Land is situated and is the body by whom the obligations contained in this Deed are enforceable. The County Council is the local highway...

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PRECEDENTS
Share purchase EHS due diligence questionnaire: permits, contamination, waste, chemicals, energy and emissions, ESG and climate reporting, biodiversity net gain, health and safety, insurance and liabilities

Environment Health and Safety Please provide the following: Copies of every environmental report concerning the Property or the Company’s business, including desktop reports and reviews, Phase 1 compliance audits, intrusive Phase 2 investigations, geotechnical reports and studies, validation reports, environmental management audits, flood risk assessments, regulatory compliance audits or assessments, together with any documents evidencing that the recommended actions set out within the disclosed reports have been fully and satisfactorily completed. Copies of all environmental permits (being licences, consents, authorisations, approvals, registrations, notifications and exemptions) required by applicable environmental or health & safety (EHS) law for the Property or the Company’s operations; include complete copies of any compliance assessment reports, details of any pending applications for new permits or variations to existing permits, and all correspondence sent to or received from the relevant competent authority or regulator relating to the permit(s). Details of activities currently undertaken (including particulars of any hazardous substances used or stored) and any (a) known contamination, (b) pollution incidents, or...

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PRECEDENTS
Precedent Land Promotion Agreement: Planning Permission, Section 106/CIL, Biodiversity Gain, Sale of Whole/Part and Proceeds Sharing (England and Wales)

Date [ date ] Parties [ name of (first) Owner ] [ and [ name of second Owner ] ] [ [ both ] of OR incorporated in England and Wales (company registration number [ number ]) having its registered office at ] [ address ] ( [ together ] Owner ) [ name of Promoter ] [ of OR incorporated in England and Wales (company registration number [ number ]) having its registered office at ] [ address ] ( Promoter ) 1 Definitions In this Agreement, the following expressions shall have these meanings: [ Adverse Rights • any easement, covenant, right or other interest in or over the Property, the release, discharge or alteration of which is reasonably required in order to: (a) achieve the Objective; or (b) facilitate the Development; ] [ Adverse Rights Agreement • any instrument giving legal effect to the release, discharge or alteration of an Adverse Right; ] ...

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