OpenLegislation

Regulation 11 Register operator’s duties when application to register land is acceptedI1

England and Wales

(1)

This regulation applies where the register operator accepts an application to register land in the biodiversity gain site register in relation to a particular conservation covenant or section 106 agreement.

(2)

The register operator must, as soon as practicable—

(a)

create an entry in the biodiversity gain site register for the purpose of registering the land in relation to the conservation covenant or section 106 agreement,

(b)

assign a unique registration number to the entry,

(c)

register the land by complying with the requirements of paragraph (3), and

(d)

where information was included in the application under regulation 8(2)(k) in relation to the allocation of any habitat enhancement to a development, record in the entry each such allocation of habitat enhancement and the information relating to it included in the application under that regulation.

(3)

The requirements of this paragraph for the registration of land under paragraph (2)(c) are that the register operator must—

(a)

record in the entry created for the land under paragraph (2)(a)—

(i)

the information identifying the location and boundaries of the land included under regulation 8(2)(d) in the application to register the land, except where the information was contained in a map or other document included in the application, and

(ii)

the information included in the application under regulation 8(2)(e) to (j), and

(b)

place on the register any map or other document included in the application under regulation 8(2)(d).

(4)

As soon as practicable after registering the land in relation to the conservation covenant or section 106 agreement in question, the register operator must give notice to the applicant that the application to register the land in relation to that conservation covenant or section 106 agreement has been accepted.

(5)

The notice under paragraph (4) must include the registration number assigned under paragraph (2)(b) to the entry created for the land under paragraph (2)(a).

(6)

The register operator must ensure that the information placed on the register under paragraphs (2)(d) and (3)(a), and any document placed on the register under paragraph (3)(b), are readily accessible by reference to the registration number assigned under paragraph (2)(b).

Annotations

Commencement

I1

Reg. 11 in force at 12.2.2024, see reg. 1(2)