Question to the Department for Environment, Food and Rural Affairs:

To ask His Majesty's Government whether internal drainage boards are subject to a biodiversity duty, as set out in the Natural Environment and Rural Communities Act 2006 and amended by section 102 of the Environment Act 2021.

It is Defra's position that Internal Drainage Boards (IDBs) are subject to the biodiversity duty, as set out in section 40(1) of the Natural Environment and Rural Communities (NERC) Act 2006 (as amended by section 102 of the Environment Act 2021). Defra’s view is that under the 2006 Act, IDBs are captured under section 40(4)(c) as public bodies and under 40(4)(d)(ii) as they are created or continued in existence by a public general Act (the Land Drainage Act 1991) which empowers the Secretary of State to establish them by Order.