{
  "url": "https://openlegislation.uk/draft-nature-restoration-levy-regulations-2026/regulation-2",
  "json_url": "https://openlegislation.uk/draft-nature-restoration-levy-regulations-2026/regulation-2.json",
  "legislation": "ukdsi/2026/9780348284379",
  "legislation_title": "The Nature Restoration Levy Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-nature-restoration-levy-regulations-2026",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In these Regulations—\n“the 2025 Act” means the Planning and Infrastructure Act 2025;\n“adjusted payment amount” means the payment amount calculated under regulation 26 (inflation-adjusted payment amount);\n“assumption of liability notice” means a notice given under regulation 8(1);\n“Bank of England base rate” means—\n(a) the percentage rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or\n(b) where an order under section 19 of the Bank of England Act 1998 is in force, any equivalent percentage rate determined by the Treasury under that section;\n“committed developer” means the developer who is committed to pay the levy for a relevant development under section 72 (3) of the 2025 Act (commitment to pay the nature restoration levy);\n“discharged”, in relation to a liability to pay the levy or an instalment of the levy, has the meaning given by regulation 14(2);\n“due date” means the date specified in a liability notice under regulation 12;\n“general consent” means a permission which is granted—\n(a) for development of any description or class specified in an order or scheme (as opposed to for development itself specified in the order or scheme),\n(b) under or by virtue of Part 3 of the TCPA 1990, and\n(c) by or on the adoption, approval or designation of an order, scheme or zone (including an alteration or modification to such an order, scheme or zone);\n“the levy” means the nature restoration levy charged under Part 3 of the 2025 Act;\n“levy amount” means the total amount of the levy for the relevant development calculated, or recalculated, under regulation 24;\n“levy liability” means liability to pay the levy for the relevant development;\n“liability notice” means a notice given by Natural England under regulation 12(1);\n“liable person” means a person who is liable to pay the levy for the relevant development;\n“material interest” means a legal estate in the relevant land which is—\n(a) a freehold estate, or\n(b) a leasehold estate, the term of which ends more than seven years after the day on which the request to pay for the relevant development is accepted;\n“outstanding amount” has the meaning given by regulation 27;\n“overdue relevant amount” means a relevant amount for which liability to pay has not been discharged on the due date;\n“owner of the land” means an owner of a material interest;\n“planning permission” means—\n(a) planning permission within the meaning of the TCPA 1990,\n(b) development consent under the Planning Act 2008,\n(c) listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990, or\n(d) a marine licence under Part 4 of the Marine and Coastal Access Act 2009,\nbut does not include a general consent unless otherwise specified in these Regulations;\n“relevant amount” means the levy amount or the amount of an instalment of the levy for the relevant development (but see paragraph (2));\n“relevant development” means the development for which Natural England has accepted a request to pay;\n“relevant land” means, for a relevant development authorised by—\n(a) planning permission, the land to which the planning permission for the relevant development relates, or\n(b) a general consent, the land identified in the request to pay as the land to which the request relates;\n“request to pay” means a request to pay the levy under section 72 (1) of the 2025 Act;\n“subject to prior approval” means authorised by a general consent where the permission is expressed to be subject to approval;\n“TCPA 1990” means the Town and Country Planning Act 1990.\n(2) Where liability has been apportioned under regulation 19 (owners of relevant land: apportionment of liability), any reference in these Regulations to a relevant amount is to such amount of the relevant amount for which the liable person is liable.\n(3) In these Regulations—\n(a) any reference to a “consent, permission or other authorisation” includes, in particular—\n(i) planning permission;\n(ii) approval of reserved matters within the meaning of section 92 of the TCPA 1990;\nand the giving of such consent, permission or other authorisation includes its variation or modification;\n(b) a disapplication of an environmental obligation applies to a consent, permission or other authorisation if Schedule 3 to the 2025 Act (EDPs: effect on environmental obligations) affects the decision, or the process for considering, whether to grant the consent, permission or other authorisation for the relevant development.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1998 c. 11."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1990 c. 8."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "See section 336 of the Town and Country Planning Act 1990 for the meaning of “planning permission”; relevant amendments to section 336 were made by Schedule 19 to the Planning and Compensation Act 1991 (c. 34), article 5 of S.I. 2006/1281, paragraph 40 of Schedule 12 to the Housing and Planning Act 2016 (c. 22), and paragraph 10 of Schedule 10 to the Levelling-up and Regeneration Act 2023 (c. 55)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2008 c. 29; see section 31 of the Planning Act 2008 for the meaning of “development consent”."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1990 c. 9; see section 8 (7) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for the meaning of “listed building consent”."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "2009 c. 23; see section 115 of the Marine and Coastal Access Act 2009 for the meaning of “marine licence”."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "See section 99 of the Planning and Infrastructure Act 2025 for the meaning of “development”."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Section 92 has amendments, but none relevant to these Regulations."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348284379/regulation/2",
    "retrieved_at": "2026-10-30T14:37:12.733251+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."
}