# The Biodiversity Gain Site Register (Amendment) Regulations 2026, Regulation 3: Amendment to regulation 2


In regulation 2 (interpretation), in paragraph (1)—
(a) before the definition of “the biodiversity gain site register” insert—
““biodiversity gain site” means land where—
(a) a person is required under a conservation covenant or planning obligation to carry out works for the purpose of habitat enhancement;
(b) that or another person is required to maintain the enhancement for at least 30 years after the completion of those works; and
(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;”;
(b) after the definition of “the biodiversity gain site register” insert—
““development” means—
(a) in relation to cases involving planning permission, development within the meaning of section 55 of the Town and Country Planning Act 1990, and
(b) in relation to cases involving development consent, development within the meaning of section 32 of the Planning Act 2008.
“development consent” has the meaning given in section 31 of the Planning Act 2008;”.

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Source: https://www.legislation.gov.uk/uksi/2026/494/regulation/3 (the official version)
Page: https://openlegislation.uk/biodiversity-gain-site-register-amendment-regulations-2026/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.