Natural Environment and Rural Communities Act 2006
What this means for your business
- Enforced by
- Environment Agency, DEFRA, Natural England, NRW
- Applies to
- United Kingdom
- On this page
- 5 compliance obligations, 5 practical guides across 2 topics
What you must do
5 compliance obligations under this legislation — 1 can result in imprisonment.
Offences and prohibitions 4
Permit operation that damages SSSI without required checks
Unlimited fineIf a competent authority (a “section 28G authority” such as Natural England or Natural Resources Wales) gives permission for work that harms the special plants, animals or geological features of a Site of Special Scientific Interest, and it has not first followed the checks set out in sections 28I(2) (and where relevant 28I(4) or (6)), the authority commits an offence unless it can show a reasonable emergency excuse. Conviction can lead to a fine – up to £20,000 in a magistrates’ court or an unlimited fine in the Crown Court.
Possess pesticide harmful to wildlife
51 weeks imprisonmentIf you keep a pesticide that contains an ingredient listed in a Secretary of State order as harmful to wild birds or animals, you commit an offence unless you can show the pesticide is being used under a specific authorised regime. On conviction you face up to 51 weeks in prison, an unlimited fine, and the court may order the pesticide to be seized.
Sell, possess or advertise invasive non‑native species
Unlimited fineIf you sell, offer for sale, keep, transport for sale, or publish an advertisement that you are buying or selling an invasive non‑native animal or plant (or anything that can be used to reproduce it), you commit a criminal offence. Conviction can attract an unlimited fine and possibly a custodial sentence, although the exact penalties are set out elsewhere in the Act.
Take down, damage or obscure SSSI notice or sign
Fine up to £2,500If you intentionally or recklessly remove, damage, destroy or hide a notice or sign that Natural England has put up on land designated as a Site of Special Scientific Interest (SSSI), you commit a criminal offence. On summary conviction in the Magistrates' Court you can be fined up to £2,500. There is no custodial sentence attached to this offence.
Record keeping 1
Ensure any agreement under the Act is in writing
If your business enters into an agreement that falls under the Natural Environment and Rural Communities Act 2006, you must have that agreement recorded in writing. A signed written document is required, rather than a verbal or informal arrangement.
Penalties for non-compliance
4 penalties under this legislation. 1 can result in imprisonment. 3 carry an unlimited fine.
Possess pesticide harmful to wildlife
Unlimited fine and/or 51 weeks imprisonment
Permit operation that damages SSSI without required checks
Unlimited fine
Sell, possess or advertise invasive non‑native species
Unlimited fine
Take down, damage or obscure SSSI notice or sign
Fine up to £2,500
Practical guidance
Our guides explain how to comply with the requirements above.
Manage invasive non-native species on your land
Legal obligations for managing invasive non-native species on business premises and development sites. Covers Japanese knotweed, giant hogweed, Himalayan balsam, …
Commission protected species surveys for your site
How to commission ecological surveys for development sites that may support protected species. Covers when surveys are needed, types of …
Get a wildlife licence for your development project
How to obtain wildlife licences from Natural England before development that affects protected species. Covers European Protected Species mitigation licences, …
Understanding UK wildlife law for businesses
An overview of how UK wildlife protection law affects businesses, from construction and agriculture to events and tourism. Covers the …
Meet biodiversity net gain requirements for development
How to comply with mandatory 10% biodiversity net gain (BNG) requirements when developing land in England. Covers the statutory biodiversity …
Sections and provisions
123 classified provisions from this legislation.
Duties 8
- s.2 General purpose
- s.3 Review and research
- Schedule 4 Joint Nature Conservation Committee
- s.33 Purpose of functions under this Part
- s.41 Biodiversity lists and action (England)
- s.51 Codes of practice in connection with invasive non-native species The Secretary of State
- s.85 Supplementary provisions with respect to agreements enactment
- s.95 Directions A board
Offences and penalties 4
Powers 35
- Schedule 1 Natural England
- s.4 Advice
- s.5 Carrying out proposals etc.
- s.6 Financial and other assistance
- s.7 Management agreements
- s.8 Experimental schemes
- s.9 Information services etc.
- s.10 Consultancy services and training
- s.11 Power to charge for services and licences
- s.12 Power to bring criminal proceedings
- s.13 Incidental powers
- s.14 Grants
- s.15 Guidance
- s.22 Power to charge for services
- s.26 Transfers on dissolution of English Nature and Countryside Agency
- s.27 Continuing powers to make transfer schemes
- s.29 Interim arrangements
- s.35 Advice from joint committee to UK conservation body
- s.37 UK conservation bodies: incidental powers for UK purposes, etc.
- s.38 Directions
- ... and 15 more powers
Definitions 16
- s.1 Constitution
- Schedule 7 Designated bodies
- s.30 Interpretation the Commission nature conservation local authority
- s.32 UK conservation bodies the UK conservation bodies the GB conservation bodies
- s.39 Interpretation the joint committee nature conservation the relevant Northern Ireland department
- s.46 Interpretation Pesticide
- s.48 Birds released into the wild as part of re-population programme
- s.54 Application of Part 1 of 1981 Act to Crown
- s.71 Interpretation commencement existing
- s.81 Reserved functions
- s.86 Interpretation agreement DEFRA or DESNZ function local authority
- s.88 Permissible purposes of boards Related industry
- s.96 “The appropriate authority” the appropriate authority Cross-border functions the relevant Northern Ireland department
- s.97 Orders: procedure etc.
- Schedule 8 Agricultural etc. boards
- Schedule 9 Functions which may be assigned to boards