Regulation 6 Land eligible to be registeredI1

Land is eligible to be registered in the biodiversity gain site register in relation to a particular conservation covenant or section 106 agreement if the conditions in paragraphs (2) to (7) are met.

The first condition is that one or more persons are required under the conservation covenant or section 106 agreement to carry out works on the land for the purpose of habitat enhancement^f1.

The second condition is that one or more persons are required under the conservation covenant or section 106 agreement to maintain the habitat enhancement to be achieved by the required enhancement works on the land under the conservation covenant or section 106 agreement for at least 30 years after the completion of those works.

The third condition is that one or more persons are required under the conservation covenant or section 106 agreement to monitor habitats on the land to ensure that the habitat enhancement to be achieved by the required enhancement works on the land under the conservation covenant or section 106 agreement is maintained for the period for which the conservation covenant or section 106 agreement requires it to be maintained.

The fourth condition is that, for the purposes of Schedule 7A to the Town and Country Planning Act 1990 F1or Schedule 2A to the Planning Act 2008 (as the case may be), the habitat enhancement to be achieved by the required enhancement works on the land under the conservation covenant or section 106 agreement is made available to be allocated (conditionally or unconditionally, and whether for consideration or otherwise) in accordance with the terms of the covenant, or (as the case may be) in accordance with the terms of one or more planning obligations in the section 106 agreement, to one or more developments for which planning permission F2or development consent (as the case may be) is granted^f2.

The fifth condition is that the land is in England.

The sixth condition is that the conservation covenant or (as the case may be) the planning obligations in the section 106 agreement are registered in the local land charges register or the appropriate local land charges register^f3.

For the purposes of paragraphs (2), (3) and (4), a person is only to be regarded as being required under a section 106 agreement to carry out works on land, to maintain the habitat enhancement to be achieved by such works or to monitor habitats on land if that person is required to carry out those works, maintain that habitat enhancement or monitor those habitats (as the case may be) under one or more planning obligations in that section 106 agreement.

In this regulation “the required enhancement works” on land under a conservation covenant or section 106 agreement are all of the works required to be carried out on that land for the purpose of habitat enhancement under that conservation covenant or (as the case may be) under the planning obligations in that section 106 agreement.