Biodiversity policy and legislation
The purpose and importance of biodiversity laws and policies across the UK and its devolved nations, and how they affect garden maintenance, community and heritage horticulture, and garden styles.
Key points
Summary
| Law or policy | Nation | What it does |
|---|---|---|
| Wildlife and Countryside Act 1981 | Great Britain | Protects wild birds, nests and eggs; Schedule 9 invasive species |
| Conservation of Habitats and Species Regulations 2017 | England and Wales (Scotland and NI have equivalents) | European protected species: bats, great crested newts |
| NERC Act 2006 | England (Wales now uses the 2016 Act) | Biodiversity duty; priority species and habitats lists |
| Environment Act 2021 | England (parts UK-wide) | Strengthened duty; biodiversity net gain; Local Nature Recovery Strategies; targets |
| Environment (Wales) Act 2016 | Wales | Section 6 duty to maintain and enhance biodiversity |
| Natural Environment (Scotland) Act 2026 | Scotland | Framework for statutory biodiversity targets (alongside the 2004 duty) |
| Wildlife and Natural Environment Act (NI) 2011 | Northern Ireland | Duty on public bodies to conserve biodiversity |
| 30by30; Environmental Improvement Plan 2025 | UK / England | Policy targets for protecting and restoring nature |
Details such as net gain exemptions are updated regularly (changes for small sites from 2026). Learn the purpose and principle, and check current guidance.
Test yourself
Under the Wildlife and Countryside Act 1981, which of these is an offence?
- Pruning a rose in winter
- Damaging an active wild bird's nest while cutting a hedge
- Planting a native hedge
- Mowing a lawn
What does 'biodiversity net gain' require in England?
- All gardens to have a pond
- Most new developments to leave biodiversity measurably better than before
- No trees to be felled
- Councils to stop mowing
Why must Japanese knotweed waste be handled carefully?
- It is a protected plant
- It is a listed invasive plant; spreading it in the wild is an offence, and waste is controlled
- It is toxic to touch
- It is very valuable
Video transcript
Biodiversity is protected by law, and gardeners must work within it. This lesson covers the laws and policies that protect nature in the UK, and how they affect horticulture.
Legislation is law: it must be followed, and breaking it is an offence. Policy sets out the government's plans and targets, guiding funding and action. Both exist to halt the loss of species and habitats, and to restore them, because biodiversity underpins food, clean water, climate resilience and wellbeing.
The Wildlife and Countryside Act makes it an offence to damage an active bird's nest, and to plant listed invasive plants, like Japanese knotweed, in the wild. The Habitats Regulations protect species such as bats and great crested newts, and their roosts and breeding sites. Tree Preservation Orders protect important trees. In England, the Environment Act brought in biodiversity net gain for new development, and local nature recovery strategies.
Environmental law is devolved. Wales places a duty on public bodies to maintain and enhance biodiversity. Scotland's new law requires statutory biodiversity targets. Northern Ireland places a duty on public bodies to conserve biodiversity. And UK policy includes the thirty by thirty commitment, to protect thirty percent of land and sea for nature by 2030, with England's Environmental Improvement Plan setting targets for restoring habitats.
In maintenance, check for nesting birds before cutting hedges, and check for bats before felling or pruning old trees. Dispose of invasive plant waste correctly, as controlled waste. In community horticulture, councils meet their biodiversity duty by mowing less and planting for nature. And in heritage gardens, standing deadwood may now be kept for wildlife, even in a formal or historic setting.
This is one of 30 lessons in Unit 2
The full course adds sorting drills, flashcards, a written question with a model answer, and a printable sheet for every lesson.