The Biodiversity Gain Site Register Regulations 2024

Decision to remove an entry from the biodiversity gain site register

29.—(1) After the period for making representations under regulation 28(1) about the proposed removal of an entry from the biodiversity gain site register has expired in relation to every notice of intent given under regulation 27, the register operator must decide whether to remove the entry.

(2) Where the register operator removes the entry, it must—

(a) give notice that it has done so to each person to whom a notice of intent was given, and

(b) record in the biodiversity gain site register the date on which the entry was removed.

(3) A notice under paragraph (2)(a) must—

(a) give reasons for the register operator’s decision to remove the entry, and

(b) contain information about the right of appeal under regulation 30(7).

(4) Where the register operator decides not to remove the entry, it must give notice that it has made that decision to each person to whom a notice of intent was given.

(5) Where the register operator removes the entry, it must also remove from the register any document which was placed on the register under regulation 11(3)(b) when the land to which the entry relates was registered.

(6) A person to whom notice of the removal of the entry was not given under paragraph (2)(a) may make a request in writing to the register operator for a statement of the reasons for the register operator’s decision to remove the entry.

(7) A request under paragraph (6) must contain—

(a) an address to which the requested statement of reasons may be sent to the person by post, and

(b) an email address to which the requested statement may be sent to the person by email.

(8) On receipt of a request under paragraph (6) which complies with paragraph (7), the register operator must as soon as practicable give notice to the person who made the request, setting out the reasons for the register operator’s decision.