UK Statutory Instrument SI 2024/45 United Kingdom

The Biodiversity Gain Site Register Regulations 2024

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Natural England
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Responsible Person1 Applicant1

Plus 21 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Responsible Person — also bound by 108 other Acts
MH(CT)(S)A 2003 30 duties
Applicant — also bound by 307 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.003 Duty to establish and maintain the biodiversity gain site register Regulated
Other duties (1) — Crown / regulator
  • Natural England must establish and maintain the biodiversity gain site registerStatutory regulator
s.004 Public access to information in the biodiversity gain site register Regulated
Other duties (1) — Crown / regulator
  • Natural England must ensure the biodiversity gain register is publicStatutory regulator
s.009 Determination of application to register land in the biodiversity gain site register Regulated
Other duties (1) — Crown / regulator
  • Natural England must process biodiversity gain site registrationsStatutory regulator
s.010 Register operator to give notice when application to register land is rejected Regulated
Other duties (1) — Crown / regulator
  • Register operator must notify you if your land registration is rejectedStatutory regulator
s.011 Register operator’s duties when application to register land is accepted Regulated
Other duties (1) — Crown / regulator
  • Natural England must process BNG land registrations and notify the applicantStatutory regulator
s.013 Required content of applications to record allocation of habitat enhancement Regulated
  • Include specific details in applications for habitat enhancement allocationApplicant
s.014 Determination of application to record allocation of habitat enhancement Regulated
Other duties (1) — Crown / regulator
  • Natural England must determine habitat enhancement register applicationsStatutory regulator
s.015 Register operator to give notice of the outcome of an application to record allocation of habitat enhancement Regulated
Other duties (1) — Crown / regulator
  • Register operator must notify you of the biodiversity gain application outcomeStatutory regulator
s.016 Information to be recorded in the register when application to record allocation of habitat enhancement is accepted Regulated
Other duties (1) — Crown / regulator
  • Natural England must update the biodiversity gain register upon approvalStatutory regulator
s.018 Determination of application to amend a register entry Regulated
Other duties (1) — Crown / regulator
  • Natural England must determine applications to amend the gain site registerStatutory regulator
s.019 Requirement to give notice of outcome of an application to amend a register entry Regulated
Other duties (1) — Crown / regulator
  • Natural England must notify you of the outcome of your register amendmentStatutory regulator
s.022 Right to make representations Regulated
Other duties (1) — Crown / regulator
  • Natural England must consider your objections before changing site entriesStatutory regulator
s.023 Decision to amend an entry in the biodiversity gain site register Regulated
Other duties (1) — Crown / regulator
  • Natural England must decide whether to amend a biodiversity site entryStatutory regulator
s.024 Application to have an entry removed from the biodiversity gain site register Regulated
  • Apply to remove land from the biodiversity gain site registerResponsible Person
s.025 Determination of an application to have an entry removed from the biodiversity gain site register Regulated
Other duties (1) — Crown / regulator
  • Natural England must determine applications to remove sites from the registerStatutory regulator
s.027 Notice of intent to be given before entry is removed under regulation 26 Regulated
Other duties (1) — Crown / regulator
  • Natural England must provide notice before removing a site from the registerStatutory regulator
s.028 Right to make representations Regulated
Other duties (1) — Crown / regulator
  • Natural England must consider your feedback before removing a site from the registerStatutory regulator
s.029 Decision to remove an entry from the biodiversity gain site register Regulated
Other duties (1) — Crown / regulator
  • Natural England must decide whether to remove a site from the registerStatutory regulator
s.031 Determination of appeal against rejection of an application Regulated
Other duties (1) — Crown / regulator
  • Tribunal must determine appeals against register application rejectionsTribunal / Court
s.032 Determination of appeal against decision not to make requested amendments Regulated
Other duties (1) — Crown / regulator
  • Tribunal must decide on appeals against register amendment rejectionsTribunal / Court
s.033 Determination of appeal against amendment or removal of a register entry Regulated
Other duties (1) — Crown / regulator
  • Tribunal must determine appeals against register amendments or removalsTribunal / Court
s.034 Consequences of appeal where register operator directed to accept an application Regulated
Other duties (1) — Crown / regulator
  • Register operator must process applications following a successful appealStatutory regulator
s.035 Consequences of appeal where register operator is directed to reconsider an application or a decision not to make an amendment Regulated
Other duties (1) — Crown / regulator
  • Register operator must reconsider applications or data changes if directedStatutory regulator
18 other provisions
s.001 Citation, commencement and extent
s.002 Interpretation
s.005 How and when land may be registered in the biodiversity gain site register
s.006 Land eligible to be registered
s.007 Applications to register land in the biodiversity gain site register
s.008 Required content of application to register land in the biodiversity gain site register
s.012 Applications to record allocation of habitat enhancement to a development after registration of the land
s.017 Application to amend information in an entry in the biodiversity gain site register
s.020 Amendment of an entry in the biodiversity gain site register without application
s.021 Notice of intent to be given before entry is amended under regulation 20
s.026 Removal of an entry from the biodiversity gain site register without application
s.030 Right to appeal against rejection of an application, amendment of the register or removal of an entry from the register
s.036 Applications etc and decisions to have effect only for the purposes of these Regulations
s.037 No infringement of copyright by register operator
s.038 Methods of giving notice under these Regulations
s.039 Address to be used for a notice given in connection with an application under these Regulations
s.040 Address to be used for a notice given otherwise than in connection with an application under these Regulations
s.041 Requirement to carry out a review of the regulatory provision made by these Regulations

Connected legislation

The wider family of instruments made under the same parent Act.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.