Biodiversity gain sites register: terms and conditions
Natural England's terms and conditions for applications to the register and payment of the application fee.
Applies to England
Terms and conditions to be accepted by applicants:
1. Natural England has been appointed as Register Operator (the “RO”). The RO has a statutory duty to establish and maintain the register of biodiversity gain sites (the “Register”) and ensure that the information in the Register is accessible to members of the public.
2. The Biodiversity Gain Site Register Regulations 2024 (the “Regulations”) set out the powers, duties and functions of the RO.
3. Applicants are able to submit applications to the RO to:
a) register land on the Register;
b) record allocation of habitat enhancement to a development on the Register;
c) amend information in the Register; and
d) have an entry removed from the Register
4. The RO also has power to remove and vary entries on the Register on its own initiative.
5. For an application to be accepted, it must be submitted in accordance with the Regulations, and this includes the payment of a fee by the applicant for each application.
6. Details of how to submit an application, what must be included in an application and how to pay the Fee can be found here:
- register land on the Register;
- record allocation of habitat enhancement to a development on the Register;
7. The fees are set out below in the Annex (the “Fee”). In submitting an application to the RO, the full Fee shall become due and payable within 28 days. If the Fee is not paid in full, the RO must reject the application.
Details on how to pay the Fee will be available to the applicant as part of the application process and guidance can be found here: Biodiversity net gain.
8. The RO shall assess each application in accordance with the requirements of the Regulations and its own established internal procedures. If the RO requires any further information from the applicant, it shall request such information from the applicant in writing (including email).
9. If further information is requested from the applicant, and such information is not provided to the RO within three (3) months, the RO has the right to reject the application.
10. The RO shall comply with the processes and procedures set out in the Regulations. This includes, but is not limited to, how applications should be determined.
11. The applicant shall comply with the processes and procedures set out in the Regulations and in the guidance produced by the RO. This includes, but is not limited to, what must be included in applications.
12. In the event that the RO rejects an application, the RO will provide its reason(s) for the application being rejected. The Regulations set out the applicant’s right to appeal, and further information on how to appeal a decision to reject an application can be found here: Environmental fines or notices: appeal against a regulator.
13. The applicant confirms that any information or declaration that it provides to the RO shall be complete, true and accurate. The applicant further acknowledges that the RO has the power to issue a financial penalty of £5,000 if, on the balance of probabilities, it believes false or misleading information has been provided by the applicant relating to any application to register land.
Privacy notice and data rights
14. The applicant further confirms that:
a) it has read the privacy notice associated with this application: Natural England privacy notices;
b) it understands there is a statutory duty on the RO to publish information on the Register and to ensure that the required information is accessible to members of the public (as further detailed in the Regulations);
c) it confirms that for all the documents and data (including any intellectual property rights in them) provided within its application (the “Data”) it has all the required consents, rights, powers and authorities to grant the RO the right to publish such on the Register;
d) it confirms that for all the Data it has included all the required watermarks, copyrights and/or acknowledgements for any intellectual property rights within them to permit the RO to publish such on the Register;
e) it grants the RO, Defra and their respective sub-contractors a non-exclusive, royalty free, transferable, sub-licensable, irrevocable and perpetual licence to use and publish such Data, including, but not limited to:
1. reproducing the Data in whole or in part on the Register in order to discharge the RO’s statutory duties under an Open Government Licence;
2. use the Data in relation to all associated activities including fee reviews, policy evaluation, informing partnership working within Defra and/or Natural England across other environmental schemes and reporting obligations;
3. make modifications, corrections, alterations, adaptations or improvements to the Data or create data that is derived from or comprises such Data (“Derivative Works”); and
4. use of any of their existing intellectual property rights within any Derivative Works.
f) the RO retains ownership of all new intellectual property rights in the Derivative Works from the time that such rights arise;
g) it understands that the RO does not infringe any copyright by publishing Data provided by the applicant on the Register and making it accessible to members of the public; and
h) it understands that no decision of the RO may be taken as indicating consent or assent to, or any other kind of approval of or acquiescence to, the carrying out of any particular works on the land to which the decision relates.
15. Except as expressly set out in these terms and conditions, neither party shall acquire any right, title or interest in or to the intellectual property rights of the other party.
Refunds & Withdrawals
16. The Fee is non-refundable. For the avoidance of doubt, this means that no refund shall be payable:
a) in the event that the application is subsequently rejected by the RO in accordance with the Regulations;
b) in the event that the RO subsequently amends or removes an entry from the Register on its own initiative, in accordance with the terms of the Regulations; and
c) in any other situation where the RO has acted lawfully and in accordance with the Regulations.
17. If the applicant wishes to withdraw the application prior to the application being determined, it must inform the RO in writing that the application is withdrawn by emailing bng.applications@naturalengland.org.uk. No refund of the Fee is payable by the RO in these circumstances, and applications cannot be withdrawn once the RO has determined the application.
Liability
18. The RO hereby excludes all its liabilities, to the fullest extent permitted by law, in the event of any decision made by the RO relating to the Register, including but not limited to a decision to reject an application (whether as a result of non-payment of the Fee or otherwise) or the subsequent amendment or removal of an entry on the Register on the RO’s own initiative.
Miscellaneous
19. The applicant acknowledges that the RO is subject to the requirements of the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) and that the RO may be obliged to release documents or information associated with the Register or an application to the Register in response to an FOIA or EIR request including any file notes. The RO cannot therefore guarantee confidentiality.
20. If any provision (or part of a provision) of these terms is held to be invalid, unenforceable or illegal, such provision shall be severed and the other provisions will remain in force and effect.
21. Any person other than the RO or the applicant shall not have any rights under or in connection with these terms and conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.
22. Failure to exercise, or any delay in exercising, any right or remedy provided under these terms or by law, shall not constitute a waiver of that (or any other) right or remedy available to the RO.
23. Subject to paragraph 12 above, and excluding an appeal against a decision to reject an application, any queries or disputes arising in relation to these terms and conditions, the applicability of any Fee or the actions of the RO should be raised in accordance with Natural England’s complaints procedure.
If an applicant wishes to appeal a decision to reject an application, this appeal must be made within 28 days of the RO’s decision and in accordance with the statutory process set out in the Regulations, and further information can be found here: Environmental fines or notices: appeal against a regulator.
24. These terms and any disputes or claims arising out of or in connection with their subject matter shall be governed by and construed in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
25. The RO retains the right and discretion to revise, modify or add to these terms and conditions at any point in time.
26. Further guidance on the application process and how to pay fees can be found at: Biodiversity net gain. A helpline is also available if you need to speak to someone about the application process: 0300 060 3900.
27. Once an application reference number has been provided to the applicant, this reference number should be included in all correspondence between the applicant and the RO.
Annex:
| Type of application for which a fee is payable | Amount of the fee (the “Fee”) |
|---|---|
| Register land on the Register (under regulation 7(1) of the Regulations) | £639 |
| Record allocation of habitat enhancement to a development on the Register (under regulation 12(2) of the Regulations) | £45 |
| Amend information in the Register (under regulation 17(1), on grounds in regulation 17(2)(a) of the Regulations) | £639 |
| Amend information in the Register (under regulation 17(1), on grounds in regulation 17(2)(b) or (c) of the Regulations) | £45 |
| Amend information in the Register (under regulation 17(1), on grounds in regulation 17(2)(d) of the Regulations) | £639 |
| Have an entry removed from the Register (under regulation 24(2) of the Regulations) | £89 |