The Biodiversity Gain Site Register Regulations 2024

Applications to register land in the biodiversity gain site register

7.—(1) An application may be made to the register operator to register land in the biodiversity gain site register in relation to a particular conservation covenant or section 106 agreement on the basis that the land is eligible under regulation 6 to be registered in relation to that conservation covenant or section 106 agreement.

(2) An application to register land in the biodiversity gain site register in relation to a conservation covenant may only be made by—

(a) a person who is required under the covenant to carry out works on the land for the purpose of habitat enhancement,

(b) a person who is required under the covenant to maintain any habitat enhancement to be achieved by works required to be carried out on the land for that purpose under the covenant, or

(c) a person by whom a requirement referred to in sub-paragraph (a) or (b) is enforceable.

(3) The responsible body under a conservation covenant may not apply to register land in relation to that covenant.

(4) An application to register land in the biodiversity gain site register in relation to a section 106 agreement may only be made by a person who is required 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(5) An application to register land in the biodiversity gain site register may be withdrawn by the applicant, but the withdrawal of an application is effective only if the register operator receives a written notification of the withdrawal from the applicant before deciding whether to accept or reject the application.