{
  "url": "https://openlegislation.uk/biodiversity-gain-site-register-amendment-regulations-2026/regulation-3",
  "json_url": "https://openlegislation.uk/biodiversity-gain-site-register-amendment-regulations-2026/regulation-3.json",
  "legislation": "uksi/2026/494",
  "legislation_title": "The Biodiversity Gain Site Register (Amendment) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/biodiversity-gain-site-register-amendment-regulations-2026",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Amendment to regulation 2",
  "text": "In regulation 2 (interpretation), in paragraph (1)—\n(a) before the definition of “the biodiversity gain site register” insert—\n““biodiversity gain site” means land where—\n(a) a person is required under a conservation covenant or planning obligation to carry out works for the purpose of habitat enhancement;\n(b) that or another person is required to maintain the enhancement for at least 30 years after the completion of those works; and\n(c) for the purposes of Schedule 7A to the Town and Country Planning Act 1990 or Schedule 2A to the Planning Act 2008 the enhancement is made available to be allocated (conditionally or unconditionally, and whether for consideration or otherwise) in accordance with the terms of the covenant or obligation to one or more developments for which planning permission or development consent is granted;”;\n(b) after the definition of “the biodiversity gain site register” insert—\n““development” means—\n(a) in relation to cases involving planning permission, development within the meaning of section 55 of the Town and Country Planning Act 1990, and\n(b) in relation to cases involving development consent, development within the meaning of section 32 of the Planning Act 2008.\n“development consent” has the meaning given in section 31 of the Planning Act 2008;”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "For the meaning of “conservation covenant” see section 118(1) of the Environment Act 2021."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "By virtue of section 100(11) of the Environment Act 2021, “planning obligation” has the same meaning as in Schedule 7A to the Town and Country Planning Act 1990 (c. 8). See the amendment made to section 106(1) of the Town and Country Planning Act 1990 by paragraph 3(13) of Schedule 14 to the Environment Act 2021."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "“Habitat enhancement” means enhancement of the biodiversity of habitat: see section 100(11) of the Environment Act 2021 and paragraph 12(2) of Schedule 7A to the Town and Country Planning Act 1990."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Schedule 7A to the Town and Country Planning Act 1990 was inserted by paragraph 2 of Schedule 14 to the Environment Act 2021 and was amended by section 135 of the Levelling-up and Regeneration Act 2023 (c. 5) and by S.I. 2024/49 and 2025/418."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "2008 c. 29. Schedule 2A was inserted by Schedule 15 to the Environment Act 2021."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "By virtue of section 100(11) of the Environment Act 2021, the expression “planning permission” has the same meaning as in Schedule 7A to the Town and Country Planning Act 1990."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Section 55 was amended by sections 13 and 14 of, and paragraph 9 of Schedule 6 to, the Planning and Compensation Act 1991 (c. 34), section 49 of, and paragraph 2 of Schedule 6 to, the Planning and Compulsory Purchase Act 2004 (c. 5) and S.I. 1999/293."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/494/regulation/3",
    "retrieved_at": "2026-10-28T21:01:42.541695+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}