Biodiversity Conservation Act 2016

The Environment Agency Head cancels a biodiversity credit by making a recording in the register of biodiversity credits under Part 9, in relation to the biodiversity credit concerned, that indicates that the credit is cancelled.

The Environment Agency Head must give the holder of the credit notice in writing of the cancellation.

No compensation is payable for the cancellation of a biodiversity credit.

However, if a biodiversity credit is cancelled because of activities authorised by a mining or petroleum authority granted in respect of a biodiversity stewardship site, the reasonable costs incurred by the biodiversity stewardship site owner in carrying out, before the cancellation, the management actions in respect of which the biodiversity credits were created are taken, for the purposes of the Mining Act 1992 or the Petroleum (Onshore) Act 1991, to be a loss caused by deprivation of the possession or of the use of the surface of the land concerned as a result of the exercise of the rights conferred by the mining or petroleum authority.

If a biodiversity credit is cancelled, the Minister may vary or terminate the relevant biodiversity stewardship agreement (with or without the consent of the owner of the biodiversity stewardship site) to make it clear that any obligation to carry out a management action that arises only because of the creation of that credit ceases to have effect.

If the variation or termination of the agreement is made without the consent of the owner, the variation or termination is to be made by the Minister by notification in the public register of private land conservation agreements under Part 9.

The cancellation of a biodiversity credit does not prevent the Minister seeking an award of damages against the owner of a biodiversity stewardship site for a breach of the biodiversity stewardship agreement or taking civil enforcement action in respect of the breach under Division 2 of Part 13.