Using the biodiversity gain sites register: terms and conditions

1. Your agreement

1.1. By using the Register, you confirm that you accept these terms of use and that you agree to comply with them.

1.2. If you do not agree to these terms, you must not use the Register.

1.3. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. We recommend that you check our website for the most up to date version.

2. Definitions

2.1. Information means all information, document, data, derived data, images, plans, designs or material and all intellectual property rights in such displayed on the Register;

2.2. Register means the register of biodiversity gain sites in England as defined by the Regulations;

2.3. Regulations means the Biodiversity Gain Site Register Regulations 2024 as amended from time to time; and

2.4. Register operator (RO) means the register operator of the Register as set out in the Regulations.

3. What these terms cover

3.1. These terms apply to users accessing and viewing Information on the Register and tell you how the information on the Register can be used, what to do if you notice any mistakes on the Register and other important information.

3.2. If you think that there is a mistake in these terms, please contact us to discuss on biodiversitynetgainenquiries@naturalengland.org.uk

3.3. These terms do not cover applications to the Register, please see separate terms and conditions for submitting an application, what must be included in an application and how to pay the application fee.

4. Register operator (RO) role

4.1. The Regulations set out the powers, duties and functions of the RO.

4.2. The RO has a statutory duty to establish and maintain the Register and ensure that the Information displayed on the Register is accessible to members of the public.

4.3. Under these Regulations, Natural England has been appointed as the RO.

4.4. As RO, Natural England makes the Register available to the public subject to these terms and conditions.

5. Use of information on the Register

5.1. The Register contains Information which belongs to other parties.

5.2. Information shown on the Register will have been captured for the specific purpose of the Regulations and at a specific point in time. This does not guarantee that the information is fit for any other purpose.

5.3. Except where otherwise stated, the RO publishes this information under the Open Government Licence (OGL)  as may be updated from time to time.

5.4. The RO does not intend to display personal data on the Register. However, any personal data that is displayed on the Register is exempt from the OGL; personal data shown on the Register is not licenced for onward use. Users of the Register must comply with UK data protection laws, including the Data Protection Act 2018.

5.5. Users must check that any information accessed is current and addresses any specific purpose for which they propose to use it and any use should be in compliance with the Open Government Licence (OGL)  as may be updated from time to time.

5.6. Users must ensure that any use of information does not breach any third party’s rights.

5.7. If it is unclear whether any particular use is permissible a user should contact the relevant third party to confirm.

5.8. Users must retain any relevant attribution statements from any information taken from the Register, such as:

5.8.1. in relation to any Ordnance Survey Information displayed on the Register: © Crown Copyright and database rights [year]. Ordnance Survey AC0000851168; and

5.8.2. in relation to Natural England licensed Information displayed on the Register: © Natural England 2024

5.9. If you print off, copy, download, share or repost any part of the Register in breach of these terms, your right to use the Register will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5.10. The RO has no way of compelling entries on the Register to be updated.

6. Bringing omissions or errors to our attention

If you identify an error within the Register please bring this to our attention by contacting us on biodiversitynetgainenquiries@naturalengland.org.uk or, if eligible, please submit an amendment application in accordance with the process set out here (details of the amendment process will be published when ready).

7. General disclaimer

7.1. Natural England as RO has used reasonable endeavours to ensure the accuracy and completeness of the contents of the Register but the Information does not constitute advice and must not be relied upon. You should make your own enquiries in relation to the validity of any biodiversity gains sites shown on this website.

7.2. To the fullest extent allowed by law, Natural England will not be held responsible for any loss, damage, or inconvenience of any nature whatsoever caused as a result of any inaccuracy or error within the Register.

8. Miscellaneous

8.1. Any complaints regarding the Register or the RO should be raised in accordance with Natural England’s complaints procedure.

8.2. Natural England reserves the right and discretion to revise, modify or add to these terms of use at any point in time.

8.3. 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.

8.4. If there is an inconsistency between any of these terms and condition and the provisions of the GOV.UK terms and conditions , Defra Data Service Platform or any other applicable terms these terms of use shall prevail in relation to the Register.

8.5. 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.