The Biodiversity Gain Site Register Regulations 2024

PART 1 Preliminary

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Biodiversity Gain Site Register Regulations 2024.

(2) These Regulations come into force on 12th February 2024.

(3) These Regulations extend to England and Wales.

Interpretation

2.—(1) In these Regulations—

“the biodiversity gain site register” has the meaning given by regulation 3(3);

“notice” means notice in writing (and see Part 11 for further provision about giving notice under these Regulations);

“the register operator” has the meaning given in regulation 3(3);

a “section 106 agreement” means an instrument under section 106(9) of the Town and Country Planning Act 1990 (instrument by which a planning obligation is entered into by agreement or otherwise)(1).

(2) A reference in these Regulations to a planning obligation in a section 106 agreement is a reference to a planning obligation entered into by that section 106 agreement(2).

(1)

1990 c. 8. Section 106 was substituted by section 12(1) of the Planning and Compensation Act 1991 (c. 34) and was amended by section 33 of the Greater London Authority Act 2007 (c. 24), section 174(2) of the Planning Act 2008 (c. 29), paragraph 3 of Schedule 2 to the Growth and Infrastructure Act 2013 (c. 27) and paragraph 3(13) of Schedule 14 to the Environment Act 2021.

(2)

By virtue of section 100(11) of the Environment Act 2021, “planning obligation” has the same meaning as in Schedule 7A to the Town and Country Planning Act 1990. See the amendment made to section 106(1) of the Town and Country Planning Act 1990 by paragraph 3(13) of Schedule 14 to the Environment Act 2021. Schedule 7A to the Town and Country Planning Act 1990 was inserted by paragraph 2 of Schedule 14 to the Environment Act 2021.