6 Biodiversity and resilience of ecosystems duty

6  Biodiversity and resilience of ecosystems duty

(1)     A public authority must seek to maintain and enhance biodiversity in the exercise of functions in relation to Wales, and in so doing promote the resilience of ecosystems, so far as consistent with the proper exercise of those functions.

(2)     In complying with subsection (1), a public authority must take account of the resilience of ecosystems, in particular the following aspects—

(a)     diversity between and within ecosystems;

(b)     the connections between and within ecosystems;

(c)     the scale of ecosystems;

(d)     the condition of ecosystems (including their structure and functioning);

(e)     the adaptability of ecosystems.

(3)     Subsection (1) does not apply to—

(a)     the exercise of a function by Her Majesty's Revenue and Customs, or

(b)     the exercise of a judicial function of a court or tribunal.

(4)     In complying with subsection (1)—

(a)     the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government, a Minister of the Crown and a government department must have regard to the United Nations Environmental Programme Convention on Biological Diversity

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