The Biodiversity Gain Site Register Regulations 2024
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Change 1
27 Notice of intent to be given before entry is removed under regulation 26
(1) Before exercising its power under regulation 26 to remove from the biodiversity gain site register any entry in which land is registered in relation to a conservation covenant or section 106 agreement, the register operator must give notice of its intention to do so (a “notice of intent”) to every required recipient. (2) Where regulation 26(2)(a) applies, a “required recipient” of a notice of intent under paragraph (1) is a person who the register operator believes, on the basis of any information in the register operator’s possession, is— (a) a person on whom the last relevant requirement to be in force under the conservation covenant or section 106 agreement was imposed under the covenant or section 106 agreement, or (b) a person by whom that requirement was enforceable. (3) Where regulation 26(2)(b) applies, a “required recipient” of a notice of intent under paragraph (1) is a person who the register operator believes, on the basis of any information in the register operator’s possession, is— (a) a person on whom a relevant requirement under the conservation covenant or section 106 agreement was imposed immediately before the time when the register operator considers the covenant or section 106 agreement ceased to be in force, or (b) a person by whom any such requirement was enforceable. (4) Where regulation 26(2)(c) applies but the register operator considers that the condition in regulation 6(2) is still met in relation to the land and the conservation covenant or section 106 agreement, a “required recipient” of a notice of intent under paragraph (1) is a person who the register operator believes, on the basis of any information in the register operator’s possession, is— (a) a person on whom a relevant requirement is imposed under the conservation covenant or section 106 agreement, or (b) a person by whom any such requirement is enforceable. (5) Where regulation 26(2)(c) applies because (or partly because) the register operator considers that the condition in regulation 6(2) has ceased to be met, a “required recipient” of a notice of intent under paragraph (1) is a person who the register operator believes, on the basis of any information in the register operator’s possession, is— (a) a person on whom a requirement to carry out works on the land is imposed under the conservation covenant or (as the case may be) under a planning obligation in the section 106 agreement, or (b) a person by whom any such requirement is enforceable. (6) Where regulation 26(2)(d) applies, a “required recipient” of a notice of intent under paragraph (1) is a person who the register operator believes, on the basis of any information in the register operator’s possession, is— (a) a person on whom a relevant requirement is imposed under the conservation covenant or section 106 agreement, or (b) a person by whom any such requirement is enforceable. (7) A notice of intent given under paragraph (1) must— (a) identify the entry which the register operator intends to remove; (b) inform the recipient of the notice that the register operator intends to remove the entry; (c) set out the grounds under regulation 26(2) on which the register operator intends to remove the entry; (d) where regulation 26(2)(a) applies, state the last date on which, to the register operator’s knowledge, there was any relevant requirement in force under the conservation covenant or section 106 agreement; (e) where regulation 26(2)(b) applies, explain why the register operator considers that the conservation covenant or section 106 agreement is no longer in force; (f) where regulation 26(2)(c) applies, identify the condition or conditions in regulation 6 which the register operator considers is or are no longer met and explain why the register operator considers that to be the case; (g) where regulation 26(2)(d) applies, specify the information which the register operator considers was false or misleading; (h) inform the recipient of the notice of the right to make representations under regulation 28. (8) In paragraphs (2) to (6), references to a “relevant requirement” under a conservation covenant or section 106 agreement are to be construed in accordance with regulation 26(3) or (4) (as the case may be).
27 Notice of intent to be given before entry is removed under regulation 26
(1) Before exercising its power under regulation 26 to remove from the biodiversity gain site register any entry in which land is registered in relation to a conservation covenant or section 106 agreement, the register operator must give notice of its intention to do so (a “notice of intent”) to every required recipient. (2) Where regulation 26(2)(a) applies, a “required recipient” of a notice of intent under paragraph (1) is a person who the register operator believes, on the basis of any information in the register operator’s possession, is— (a) a person on whom the last relevant requirement to be in force under the conservation covenant or section 106 agreement was imposed under the covenant or section 106 agreement, or (b) a person by whom that requirement was enforceable. (3) Where regulation 26(2)(b) applies, a “required recipient” of a notice of intent under paragraph (1) is a person who the register operator believes, on the basis of any information in the register operator’s possession, is— (a) a person on whom a relevant requirement under the conservation covenant or section 106 agreement was imposed immediately before the time when the register operator considers the covenant or section 106 agreement ceased to be in force, or (b) a person by whom any such requirement was enforceable. (4) Where regulation 26(2)(c) applies but the register operator considers that the condition in regulation 6(2) is still met in relation to the land and the conservation covenant or section 106 agreement, a “required recipient” of a notice of intent under paragraph (1) is a person who the register operator believes, on the basis of any information in the register operator’s possession, is— (a) a person on whom a relevant requirement is imposed under the conservation covenant or section 106 agreement, or (b) a person by whom any such requirement is enforceable. (5) Where regulation 26(2)(c) applies because (or partly because) the register operator considers that the condition in regulation 6(2) has ceased to be met, a “required recipient” of a notice of intent under paragraph (1) is a person who the register operator believes, on the basis of any information in the register operator’s possession, is— (a) a person on whom a requirement to carry out works on the land is imposed under the conservation covenant or (as the case may be) under a planning obligation in the section 106 agreement, or (b) a person by whom any such requirement is enforceable. (6) Where regulation 26(2)(d) applies, a “required recipient” of a notice of intent under paragraph (1) is a person who the register operator believes, on the basis of any information in the register operator’s possession, is— (a) a person on whom a relevant requirement is imposed under the conservation covenant or section 106 agreement, or (b) a person by whom any such requirement is enforceable. (7) A notice of intent given under paragraph (1) must— (a) identify the entry which the register operator intends to remove; (b) inform the recipient of the notice that the register operator intends to remove the entry; (c) set out the grounds under regulation 26(2) on which the register operator intends to remove the entry; (d) where regulation 26(2)(a) applies, state the last date on which, to the register operator’s knowledge, there was any relevant requirement in force under the conservation covenant or section 106 agreement; (e) where regulation 26(2)(b) applies, explain why the register operator considers that the conservation covenant or section 106 agreement is no longer in force; (f) where regulation 26(2)(c) applies, identify the condition or conditions in regulation 6 which the register operator considers is or are no longer met and explain why the register operator considers that to be the case; (g) where regulation 26(2)(d) applies, specify the information which the register operator considers was false or misleading; (h) inform the recipient of the notice of the right to make representations under regulation 28. (8) In paragraphs (2) to (6), references to a “relevant requirement” under a conservation covenant or section 106 agreement are to be construed in accordance with regulation 26(3) or (4) (as the case may be).
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