The NERC Act 2006
JNCC’s statutory duties are enshrined in the NERC Act 2006.
JNCC was established under the Environmental Protection Act 1990 and reconstituted by the Natural Environment and Rural Communities (NERC) Act 2006. Its principal statutory remit is set out in Part 2 of that Act, section 34 of which states “34. Functions of national or international significance”.
(1) The UK conservation bodies have the functions described in subsection (2), but those functions may be discharged only through the joint committee.
(2) The functions are
(a) providing advice to the appropriate authorities on the development and implementation of policies for or affecting any nature conservation matter which
(i) arises throughout the United Kingdom and raises issues common to England, Wales, Scotland and Northern Ireland,
(ii) arises in one or more (but not all) of those places and affects the interests of the United Kingdom as a whole, or
(iii) arises outside the United Kingdom;
(b) providing advice to any persons and disseminating knowledge about any matter falling within paragraph (a)(i), (ii) or (iii);
(c) establishing common standards throughout the United Kingdom for the monitoring of nature conservation and for research into nature conservation and the analysis of the resulting information;
(d) commissioning or supporting (whether by financial means or otherwise) research which the joint committee thinks is relevant to any matter mentioned in paragraphs (a) to (c).
(3) “The appropriate authorities” means –
(a) the Secretary of State (or any other Minister of the Crown),
(b) the National Assembly for Wales,
(c) the Scottish Ministers, and
(d) the relevant Northern Ireland department.
Statutory duties and other responsibilities
JNCC is the only statutory nature advisor to the four countries of the UK.
JNCC has been engaged by government to fulfil statutory duties and other responsibilities across a wide range of legislation relating to nature conservation, environmental protection, planning and economic development across land, sea and air.
JNCC complies with the wide range of legislation governing the operations of an executive Non-Departmental Public Body (NDPB) sponsored jointly by Defra and the devolved administrations.
JNCC operates through a not-for-profit company limited by guarantee; the JNCC Support Co. is required to comply with company legislation such as the Companies Act 2006.
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