The Biodiversity Gain Site Register Regulations 2024
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Change 1
20 Amendment of an entry in the biodiversity gain site register without application
(1) This regulation applies where— (a) land is registered in an entry in the biodiversity gain site register in relation to a particular conservation covenant or section 106 agreement, and (b) the register operator considers that the information in the entry is inaccurate or incomplete. (2) The register operator may, in accordance with this Part, amend the entry so that the information in question is complete and accurate. (3) For the purposes of paragraph (1), the circumstances in which information in an entry in the biodiversity gain site register is inaccurate include the situation where— (a) an allocation of habitat enhancement to a development is recorded in the entry, but (b) that habitat enhancement was allocated to the development otherwise than in accordance with— (i) where the enhancement is made available to be allocated under a conservation covenant, the terms of the conservation covenant, or (ii) where the enhancement is made available to be allocated under a section 106 agreement, the terms of a planning obligation in the section 106 agreement. (4) Where the register operator considers that information in the entry is inaccurate as mentioned in paragraph (3), amendment of the entry under paragraph (2) may include removing the record of the allocation of the habitat enhancement to the development in question. (5) This regulation does not apply where the register operator has received an application referred to in regulation 17(1) to amend the same information on the same grounds.
20 Amendment of an entry in the biodiversity gain site register without application
(1) This regulation applies where— (a) land is registered in an entry in the biodiversity gain site register in relation to a particular conservation covenant or section 106 agreement, and (b) the register operator considers that the information in the entry is inaccurate or incomplete. (2) The register operator may, in accordance with this Part, amend the entry so that the information in question is complete and accurate. (3) For the purposes of paragraph (1), the circumstances in which information in an entry in the biodiversity gain site register is inaccurate include the situation where— (a) an allocation of habitat enhancement to a development is recorded in the entry, but (b) that habitat enhancement was allocated to the development otherwise than in accordance with— (i) where the enhancement is made available to be allocated under a conservation covenant, the terms of the conservation covenant, or (ii) where the enhancement is made available to be allocated under a section 106 agreement, the terms of a planning obligation in the section 106 agreement. (4) Where the register operator considers that information in the entry is inaccurate as mentioned in paragraph (3), amendment of the entry under paragraph (2) may include removing the record of the allocation of the habitat enhancement to the development in question. (5) This regulation does not apply where the register operator has received an application referred to in regulation 17(1) to amend the same information on the same grounds.
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