The Biodiversity Gain Site Register Regulations 2024

Removal of an entry from the biodiversity gain site register without application

26.—(1) This regulation applies to an entry in the biodiversity gain site register in which land is registered in relation to a conservation covenant or section 106 agreement.

(2) Subject to paragraph (3), the register operator may, in accordance with this Part, remove the entry from the register where—

(a) the register operator considers that every relevant requirement under the conservation covenant or section 106 agreement has been complied with,

(b) the register operator considers that, for any other reason, the conservation covenant or section 106 agreement is no longer in force,

(c) neither sub-paragraph (a) nor sub-paragraph (b) applies but the register operator considers that (subject to paragraph (4)) one or more of the conditions in regulation 6 have ceased to be met in relation to the land and the conservation covenant or section 106 agreement, or

(d) none of sub-paragraphs (a), (b) and (c) applies but the register operator considers that false or misleading information was supplied to it in connection with the application to register the land in relation to the conservation covenant or section 106 agreement.

(3) For the purposes of paragraph (2)(a), where the land is registered in the entry in relation to a conservation covenant, a “relevant requirement” under the conservation covenant is a requirement imposed on any person under the covenant—

(a) to carry out works on the land for the purpose of habitat enhancement, or

(b) to maintain any habitat enhancement to be achieved by works required to be carried out on the land for that purpose under the covenant.

(4) For the purposes of paragraph (2)(a), where the land is registered in the entry in relation to a section 106 agreement, a “relevant requirement” under the section 106 agreement is a requirement under a planning obligation in the section 106 agreement—

(a) to carry out works on the land for the purpose of habitat enhancement, or

(b) to maintain any habitat enhancement to be achieved by works required to be carried out on the land for that purpose under a planning obligation in the section 106 agreement.

(5) Where the required enhancement works on the land registered in the entry have been completed, the fact that the condition in regulation 6(2) has ceased to be met for that reason is to be disregarded for the purposes of paragraph (2)(c).

(6) In paragraph (5) “the required enhancement works” on the land registered in the entry means the works required to be carried out on the land for the purpose of habitat enhancement under—

(a) where the land is registered in the entry in relation to a conservation covenant, that conservation covenant, and

(b) where the land is registered in the entry in relation to a section 106 agreement, the planning obligations in that section 106 agreement.