The Biodiversity Gain Site Register Regulations 2024

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

9.—(1) This regulation applies where the register operator has received an application to register land in the biodiversity gain site register in relation to a particular conservation covenant or section 106 agreement.

(2) If the register operator does not receive payment of a fee for the application in accordance with the Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024(1), the register operator must reject the application.

(3) The following provisions of this regulation apply where the register operator has received payment of a fee for the application in accordance with those Regulations.

(4) Subject to paragraph (12), the register operator must consider the application and must, in accordance with the following provisions of this regulation, either accept or reject it.

(5) Subject to the following provisions of this regulation, the application must be accepted if—

(a) it appears to the register operator that the application includes—

(i) the evidence, other information and documents required by regulation 8(1)(a), (2) and (4), and

(ii) a declaration under regulation 8(3), and

(b) the register operator is satisfied that—

(i) the land is eligible under regulation 6 to be registered in relation to the conservation covenant or section 106 agreement in question, and

(ii) the applicant is entitled under regulation 7 to make the application.

(6) The register operator may, by giving notice to the applicant, request any information it needs in order to determine whether it is required by paragraph (5) to accept the application.

(7) Where, having given notice under paragraph (6) requesting information from the applicant, the register operator is satisfied that it has received all of the information requested by that notice, the register operator must as soon as practicable give notice to the applicant informing the applicant that it is so satisfied.

(8) The application must be rejected—

(a) if the land or any part of it, or any land including it or any part of it, is already registered in the biodiversity gain site register in relation to the conservation covenant or section 106 agreement,

(b) if—

(i) it does not appear to the register operator as mentioned in paragraph (5)(a), or

(ii) the register operator is not satisfied as mentioned in paragraph (5)(b),

and the register operator has decided not to make a request (or a further request) for information under paragraph (6), or

(c) if register operator considers that false or misleading information has been supplied to it in connection with the application.

(9) Where the register operator decides that it is necessary, for the purposes of considering the application, to investigate whether any information supplied to it in connection with the application is false or misleading, it must—

(a) give notice to the applicant as soon as practicable informing the applicant that it has so decided, and

(b) as soon as practicable after concluding the investigation, give notice to the applicant that it has concluded the investigation,

and a notice under this paragraph must state the date on which the decision was made or the investigation was concluded (as the case may be).

(10) The register operator may reject the application if—

(a) it has given notice under paragraph (6) requesting information from the applicant,

(b) a period of three months beginning with the day on which the notice was given has expired, and

(c) the register operator has not been provided with the requested information.

(11) A notice under paragraph (6) must explain the effect of paragraph (10).

(12) Paragraph (4) ceases to apply in relation to the application if the application is withdrawn (see regulation 7(5)).

(1)

S.I. 2024/46.