The Biodiversity Gain Site Register Regulations 2024

PART 1Preliminary

1Citation, commencement and extent

2Interpretation

PART 2The biodiversity gain site register

3Duty to establish and maintain the biodiversity gain site register

4Public access to information in the biodiversity gain site register

PART 3Registration of land in the biodiversity gain site register

5How and when land may be registered in the biodiversity gain site register

6Land eligible to be registered

7Applications to register land in the biodiversity gain site register

8Required content of application to register land in the biodiversity gain site register

9Determination of application to register land in the biodiversity gain site register

10Register operator to give notice when application to register land is rejected

11Register operator’s duties when application to register land is accepted

PART 4Recording allocation of habitat enhancement to a development after registration of the land

12Applications to record allocation of habitat enhancement to a development after registration of the land

13Required content of applications to record allocation of habitat enhancement

14Determination of application to record allocation of habitat enhancement

15Register operator to give notice of the outcome of an application to record allocation of habitat enhancement

16Information to be recorded in the register when application to record allocation of habitat enhancement is accepted

PART 5Amendment of an entry in the biodiversity gain site register on application to the register operator

17Application to amend information in an entry in the biodiversity gain site register

18Determination of application to amend a register entry

19Requirement to give notice of outcome of an application to amend a register entry

PART 6Amendment of an entry in the biodiversity gain site register on the register operator’s own initiative

20Amendment of an entry in the biodiversity gain site register without application

21Notice of intent to be given before entry is amended under regulation 20

22Right to make representations

23Decision to amend an entry in the biodiversity gain site register

PART 7Removal of land from the biodiversity gain site register on application to the register operator

24Application to have an entry removed from the biodiversity gain site register

25Determination of an application to have an entry removed from the biodiversity gain site register

PART 8Removal of land from the biodiversity gain site register on register operator’s own initiative

26Removal of an entry from the biodiversity gain site register without application

27Notice of intent to be given before entry is removed under regulation 26

28Right to make representations

29Decision to remove an entry from the biodiversity gain site register

30Right to appeal against rejection of an application, amendment of the register or removal of an entry from the register

31Determination of appeal against rejection of an application

32Determination of appeal against decision not to make requested amendments

33Determination of appeal against amendment or removal of a register entry

34Consequences of appeal where register operator directed to accept an application

35Consequences of appeal where register operator is directed to reconsider an application or a decision not to make an amendment

PART 10Effect of applications to and decisions etc of the register operator

36Applications etc and decisions to have effect only for the purposes of these Regulations

37No infringement of copyright by register operator

38Methods of giving notice under these Regulations

39Address to be used for a notice given in connection with an application under these Regulations

40Address to be used for a notice given otherwise than in connection with an application under these Regulations

PART 12Review of regulatory provision

41Requirement to carry out a review of the regulatory provision made by these Regulations

2024 No. 45

Environmental Protection, England

Town And Country Planning, England

The Biodiversity Gain Site Register Regulations 2024

Made17th January 2024

Laid before Parliament19th January 2024

Coming into force12th February 2024

The Secretary of State makes these Regulations in exercise of the powers in sections 100(1), (3), (4)(a) to (f), (5)(a) to (e) and (6), 142(1) and 143(1) of the Environment Act 20211.