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A Duty of Care for the Protection of Biodiversity on Land

Consultancy report

A Duty of Care for the Protection of Biodiversity on Land by Dr. Gerry Bates was released on 11 May 2001, similtaneously with the staff research paper, Cost Sharing for Biodiversity Conservation: A Conceptual Framework. This report explores the concept of duty of care to the environment in relation to biodiversity. It explains when a duty of care may exist, the obligations it imposes and the implications of introducing a duty of care in statute.

This consultancy report forms part of a stream of work being undertaken by the Commission in relation to private incentives for the conservation of biodiversity. Also see:

CONTENTS

Preliminaries
Cover, Copyright, Contents, Preface, Key Points

1   Introduction
1.1   Structure of this report
1.2   Proposals for introducing a duty of care into environmental legislation
1.3   Adequacy of current legal approaches to the protection of biodiversity

2   The concept of the duty of care
2.1   The common law duty of care
2.2   Effect of statutes on common law duties of care

3   Statutory duties of care
3.1   Duty of care owed to individuals
3.2   Duty of care owed to the environment
3.3   Duty to comply with the law
3.4   Defining standards of care
3.5   Duty of care and cost sharing
3.6   Is there merit in introducing a general duty of care into legislation to protect biodiversity?

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