Regulation 5 How and when land may be registered in the biodiversity gain site registerI1

England and Wales

(1)

Land may be registered in the biodiversity gain site register in relation to a conservation covenant^f1 or a section 106 agreement.

(2)

But the register operator may not register land in the biodiversity gain site register in relation to a particular conservation covenant or section 106 agreement if the land or any part of it, or any land including it or any part of it, is already registered in the biodiversity gain site register in relation to that conservation covenant or section 106 agreement.

(3)

In order for land to be registered in the biodiversity gain site register in relation to a particular conservation covenant or section 106 agreement—

(a)

the land must be eligible to be registered in relation to that conservation covenant or section 106 agreement (see regulation 6), and

(b)

an application to register it in relation to that conservation covenant or section 106 agreement must be made to and accepted by the register operator (see regulations 7, 8 and 9).

(4)

Where land is registered in the biodiversity gain site register in relation to a conservation covenant, that land or any part of it, or any land including it or any part of it, may also be registered (separately) in the biodiversity gain site register in relation to a section 106 agreement or a different conservation covenant (subject to paragraphs (2) and (3)).

(5)

Where land is registered in the biodiversity gain site register in relation to a section 106 agreement, that land or any part of it, or any land including it or any part of it, may also be registered (separately) in the biodiversity gain site register in relation to a conservation covenant or a different section 106 agreement (subject to paragraphs (2) and (3)).

Annotations

Commencement

I1: Reg. 5 in force at 12.2.2024, see reg. 1(2)

Footnotes

f1: For the meaning of “conservation covenant” see section 118(1) of the Environment Act 2021.