Statutory Rule 1999 No. 208

Countryside Management Regulations (Northern Ireland) 1999

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© Crown Copyright 1999

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The text of this Internet version of the Statutory Rule has been prepared to reflect the text as it was Made. The authoritative version is the Government Printer for Northern Ireland copy published by The Stationery Office Limited as the Countryside Management Regulations (Northern Ireland) 1999, ISBN 0 337 93515 7, £4.00 sterling. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

The Department of Agriculture, in exercise of the powers conferred on it by Article 3 of the Agriculture (Conservation Grants) (Northern Ireland) Order 1995[1] and of every other power enabling it in that behalf, and being a Department designated[2] for the purposes of section 2(2) of the European Communities Act 1972[3] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, and with the consent of the Department of Finance and Personnel, hereby makes the following Regulations:

Citation and commencement
1. These Regulations may be cited as the Countryside Management Regulations (Northern Ireland) 1999 and shall come into operation on 24th May 1999.

Interpretation
2.  - (1) The Interpretation Act (Northern Ireland) 1954[4] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

    (2) In these Regulations - 
 

"activities" means the activities referred to in regulation 3(4);

"agriculture" includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding or keeping, the use of land as grazing land, meadowland, osier land, reed beds, market gardens and nursery grounds;

"agri-environment scheme" means an arrangement which is - 

(a) regulated by statutory provision providing for the payment of aid to persons who give an undertaking or enter an agreement in relation to land to which that statutory provision relates; and

(b) approved by the Commission of the European Communities under Article 7(3) of the Council Regulation as part of a zonal programme drawn up pursuant to Article 3 of the Council Regulation;
 

"applicant" means an applicant under these Regulations and in regulations 9 and 10 includes a person whose application for grant has been accepted and a person who takes on an undertaking on a change of occupation as provided in regulation 8;

"application for grant" means an application under these Regulations and includes an application made under regulation 6(1);

"the Commission Regulation" means Commission Regulation (EC) No. 746/96[5] laying down detailed rules for the application of the Council Regulation, as last amended by Commission Regulation (EC) No. 435/97[6];

"the Council Regulation" means Council Regulation (EEC) No. 2078/92[7] on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, as last amended by Commission Regulation (EC) No. 2722/95[8] as rectified in turn by Commission Regulation (EC) No. 1962/96[9];

"the Department" means the Department of Agriculture for Northern Ireland;

"environmentally sensitive area" means an area designated as an environmentally sensitive area under Article 3 of the Agriculture (Environmental Areas) (Northern Ireland) Order 1987[10];

"eligible land" means land which is outside an environmentally sensitive area and which is used for agriculture;

"parkland" means an enclosed area of land at least 3 hectares in extent with a minimum of two mature trees per hectare;

"parkland management plan" means a management plan agreed with the Department designed to restore parkland through a programme of tree planting and restoration of landscape features;

"relevant period" means a period of not less than 5 years or, in the case of an undertaking under these Regulations which is in substitution for an undertaking given under any of the Regulations mentioned in regulation 6(1), a period which together with the expired period of the undertaking under those Regulations forms a continuous period of not less than 5 years;

"statutory provision" has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Grants for purposes conducive to conservation
3.  - (1) Subject to the provisions of these Regulations, the Department may make payment of a grant in respect of an undertaking to which these Regulations apply to an applicant who - 
 

(a) is the lawful occupier of the eligible land to which such undertaking relates; and

(b) who has made an application for grant which has been accepted by the Department.
 

(a) to follow, in relation to the whole of the eligible land to which the undertaking relates, the general environmental conditions set out in Schedule 1;

(b) to carry out, in so far as is appropriate in relation to that land, the activities referred to in paragraph (4)(a); and

(c) to carry out at least one of the activities referred to in paragraph (4)(b).
 

    (4) The activities mentioned in paragraph (2) or (3) are - 
 

(a) the management activities set out in column 1 of Schedule 2;

(b) the management activities set out in column 1 of Schedule 3 (priority habitats) to be undertaken on a site which forms part of the eligible land to which the undertaking relates;

(c) the management activities set out in column 1 of Schedule 4 (optional habitats) to be undertaken on a site which forms part of the eligible land to which the undertaking relates;

(d) the capital activities set out in column 1 of Schedule 5 to be undertaken and maintained on any part of the eligible land to which the undertaking relates.
 

Restrictions on acceptance of applications
5.  - (1) The Department shall not accept an application for grant in relation to any land which is situated in an environmentally sensitive area.

    (2) The Department shall not accept an application for grant in relation to any eligible land which is occupied by a tenant unless it is satisfied that the tenant has notified the landlord of his intention to make the application.

    (3) The Department shall not accept an application for grant for an area of less than 1 hectare.

    (4) The Department shall refuse to accept an application for grant in relation to any eligible land where - 
 

(a) it is satisfied that the use of any land in accordance with the proposals contained in the application would frustrate the purposes of any assistance previously given or to be given out of money provided by or under any statutory provision or by the European Community;

(b) it is satisfied that the payment of grant under these Regulations would duplicate any assistance previously given out of money provided by or under any statutory provision or by the European Community;

(c) the applicant is prohibited from giving the undertaking under these Regulations by application of a penalty pursuant to Article 20(2) of the Commission Regulation (reimbursement of aid and penalties); or

(d) the applicant is excluded from all aid under the Council Regulation by virtue of Article 20(3) of the Commission Regulation and the grant in respect of the proposed undertaking would include such aid.
 

Transformation of undertakings
6.  - (1) A beneficiary under the Habitat Improvement Regulations (Northern Ireland) 1995[11] or the Moorland (Livestock Extensification) Regulations (Northern Ireland) 1995[12] may apply to substitute for the unexpired period of an undertaking under any of those Regulations an undertaking to which these Regulations apply.

    (2) The Department may accept an application under paragraph (1) only where it is satisfied that the conditions set out in Article 13 (transformation of undertakings) of the Commission Regulation are met.

Amounts of grant and claims
7.  - (1) Subject to the provisions of this regulation the grant payable under regulation 3(1) shall be calculated with reference to the activities to be undertaken and in relation to each such activity shall be at a rate not exceeding the maximum payment rate specified in column 2 of Schedules 2, 3, 4 or 5 corresponding to that activity.

    (2) The grant payable under regulation 3(1) in respect of the activities set out in Schedule 2 shall not exceed£1,500 per annum.

    (3) Subject to paragraph (4) the grant payable under regulation 3(1) in respect of the activities set out in Schedule 5 shall not exceed£1,500 per annum.

    (4) For the purposes of paragraph (3) the activities set out in the following paragraphs of Schedule 5 shall be disregarded - 
 

(a) 3(d), (e) and (f) provided the activities undertaken form part of a parkland management plan;

(b) paragraph 4;

(c) paragraph 9;

(d) paragraph 10(c) and (d) provided the activities undertaken are associated with fencing of habitats;

(e) paragraph 11;
 

    (6) A claim for grant under regulation 3(1) shall be made at such time and in such form and shall contain such information as the Department may require.

    (7) The provisions of these Regulations are, in so far as grant claimed includes aid under the Council Regulation, subject to Article 10 (combination of aids) and Article 14(2) and (3) (rules governing undertakings and payment procedures) of the Commission Regulation.

Change of occupation
8.  - (1) Where during the period of an undertaking, there is a change of occupation of all or any part of the land to which that undertaking relates the former occupier (or, if he has died, his personal representatives) shall within 3 months notify the Department in writing of the change of occupation, and shall supply to the Department such information relating to that change in such form and within such period as the Department may determine.

    (2) A new occupier of all or any part of the land who wishes to take on the undertaking shall furnish the Department with such information in such form and within such period following the change of occupation as the Department may determine.

    (3) A new occupier of all the land may take on the undertaking where the Department is satisfied that - 
 

(a) the former occupier had complied with the undertaking to the date of the change of occupation; and

(b) the new occupier is the lawful occupier of the land and has since the date of change of occupation complied with the undertaking.
 

(a) such new occupier or, as the case may be, such former occupier of all the land, is the lawful occupier of the part of the land which he occupies and has since the date of change of occupation complied or, as the case may be, continued to comply with the undertaking insofar as it extends to the part of the land which he occupies; and

(b) it is reasonable for the occupier to do so having regard to the activities included in the undertaking and the part of the land which is occupied by the new occupier or, as the case may be, continues to be occupied by the former occupier of all the land.
 

(a) the extent to which the activities included in the undertaking relate to any part of the land occupied by a new occupier or, as the case may be, the former occupier of all the land; and

(b) the proportion, if any, of the grant which would be payable under paragraph (7) for the remainder of the period of the undertaking in respect of that part of the land.
 

    (7) Where the Department is satisfied as specified in paragraph (4) it shall, subject to regulation 7, make payments of such proportion of the grant, if any, as it has determined under paragraph (5) are due for the remainder of the period of the undertaking to the new occupier or, as the case may be, former occupier of all the land who has taken on the undertaking.

    (8) Where within 3 months from the date of change of occupation the undertaking has not been taken on in accordance with paragraph (3) or, as the case may be, paragraph (4), the Department may - 
 

(a) withhold the whole or any part of any payment of grant under these Regulations due to the former occupier in respect of the undertaking; and

(b) recover from the former occupier or his personal representatives the whole or any part of any payment of grant under these Regulations already made to him in respect of the undertaking.
 

Obligation to permit entry and inspection
9.  - (1) An applicant shall permit any person duly authorised by the Department, accompanied by such persons acting under his instructions as appear to that authorised person to be necessary for the purpose, at all reasonable hours and on production on demand of some duly authenticated document showing his authority, if so required, to enter upon the land to which an undertaking or, as the case may be, a proposed undertaking relates for the purpose of - 
 

(a) carrying out any inspection of such land or any document or record in the possession or under the control of the applicant relating to, or which the authorised person may reasonably suspect relates to, the application with a view to verifying the accuracy of any particulars given in the application, in a claim under regulation 7(6) or under regulation 8(1); and

(b) ascertaining whether the undertaking given or taken on or, as the case may be, proposed to be given or taken on by him under these Regulations has been duly complied with.
 

(a) produce any document or record which may be required by the authorised person for inspection;

(b) permit the authorised person to take copies or extracts from any such document or record;

(c) where any such document or record is kept by means of a computer, produce it in a form in which it may easily be read and taken away; and

(d) at the request of the authorised person, accompany him in making the inspection of any land and identify any area of land which relates to the application or to any change of occupation notified under regulation 8.
 

    (2) Where an applicant - 
 

(a) has failed to do something which he undertook to do if the grant was made, or

(b) is in breach of any conditions subject to which the grant was made,
 

    (3) Before withholding or recovering any grant under paragraph (1) or (2) or under regulation 8(8), the Department shall - 
 

(a) give to the applicant a written explanation of the reasons for the proposed withholding or recovery;

(b) afford the applicant an opportunity of appearing before and being heard by a person appointed for that purpose by the Department; and

(c) consider the report by the person so appointed and supply a copy of the report to the applicant.
 

    (5) Where the Department takes any step specified in paragraph (1), (2) or (4) it may also treat as terminated the undertaking given by the applicant under these Regulations.

    (6) Where under paragraph (5) the Department treats the undertakings given by the applicant as terminated, it may also, insofar as is consequent upon Article 20(2) of the Commission Regulation, by notice in writing to the applicant prohibit him from providing a new undertaking or entering a new agreement under an agri-environment scheme for such period (not exceeding two years) from the date of that termination as is specified in the notice.

Recovery of interest
11.  - (1) Where a grant is paid under these Regulations by the Department and, by virtue of Article 20(1) of the Commission Regulation (which provides for recovery of wrongful payments with interest), a reimbursement of all or part of the payment with interest is required, the rate of interest shall be one percentage point above Libor on a day to day basis.

    (2) For the purposes of this regulation, Libor means the sterling three month London interbank offered rate in force during the period specified in Article 20(1) of the Commission Regulation.

    (3) In any proceedings relating to this regulation, a certificate of the Department stating the Libor applicable during a period specified in the certificate shall be conclusive evidence of the rate applicable in the specified period if the certificate also states that the Bank of England notified the Department of that rate.

Recovery of payments
12. In any case, where an amount falls to be paid to the Department by virtue of, or by virtue of action taken under, these Regulations or the Commission Regulation the amount so falling to be paid shall be recoverable as a civil debt.

Amendments
13. In regulation 6 of the Habitat Improvement Regulations (Northern Ireland) 1995 after paragraph (3) there shall be inserted the following paragraph - 
 

    " (4) The Department shall not accept an application received by it after 23rd May 1999.".
 

    " (6) The Department shall not accept an application received by it after 23rd May 1999.".
 

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on

L.S.
 

Liam McKibben
Assistant Secretary

30th April 1999.
 
 

The Department of Finance and Personnel hereby consents to the foregoing Regulations.
 
 

Sealed with the Official Seal of the Department of Finance and Personnel on

L.S.
 

D. Thomson
Assistant Secretary

30th April 1999.
 
 

     1. The applicant shall - 
 

(a) prepare and follow a nutrient management plan;

(b) retain and not damage any habitat, landscape or water feature, or heritage feature;

(c) retain existing field boundaries and not remove any hedge, tree, copses, scrub, ditch, dyke or wall or any part thereof, except with the prior written permission of the Department;

(d) maintain open drains and sheughs in accordance with the written advice of the Department;

(e) remove eyesores, rubbish and litter and keep the farm free from such rubbish;

(f) seek the permission of the Department before undertaking work which may have a detrimental impact on any habitat, landscape feature or heritage feature;

(g) comply with the Codes of Good Agricultural Practice for the protection of - 
 

(i) soil[13];

(ii) air[14]; and

(iii) water[15],
 

published by the Department;
 

(a) increase the overall stocking density of his farm business to a level above that which existed on average in the year preceding the year in which the application for grant is made unless permitted to do so by the Department to achieve environmental objectives;

(b) in any year apply nitrogen at a rate exceeding 260 kilogrammes per hectare from either organic or inorganic sources;

(c) undertake ploughing, levelling or reseeding of unimproved land, or any semi-natural grassland;

(d) apply weed control on unimproved land or any habitat other than by spot treatment or weed wiper for noxious weeds;

(e) undertake any land reclamation or install new underdrainage or substantially modify the existing drainage system;

(f) apply lime to any habitat unless with prior written approval of the Department;

(g) cause severe damage to vegetation by poaching or repeated vehicular access, (including all terrain vehicles) nor graze land with livestock in such numbers as adversely to affect the growth quality or species composition of vegetation (other than vegetation normally grazed to destruction) to a significant degree;

(h) carry out any activity or deposit on, or extract from any land, any article, material or substance in a manner likely to detract significantly from the natural beauty or damage or destroy flora or fauna or materially alter the geological or physiographical features of such land;
 

(i) realign, dredge or dam any watercourse nor alter the water levels within any existing water feature without the prior agreement of the Department.
 

Column (1)	Column (2)
Activity	Maximum Payment Rate
(a) Management of unimproved land	£30 per hectare per annum;
(b) Management of improved land	£25 per hectare per annum;
(c) Management of arable land	£25 per hectare per annum.

 

[1] S.I. 1995/3212 (N.I. 21)back

[2] S.I. 1972/1811back

[3] 1972 c. 68back

[4] 1954 c. 33 (N.I.)back

[5] O.J. No. L102, 25.4.96, p. 19back

[6] O.J. No. L67, 7.3.97, p. 2back

[7] O.J. No. L215, 30.7.92, p. 85back

[8] O.J. No. L288, 1.12.95, p. 35back

[9] O.J. No. L259, 12.10.96, p. 7back

[10] S.I. 1987/458 (N.I. 3)back

[11] S.R. 1995 No. 134, as amended by S.R. 1996 No. 608 and S.R. 1997 No. 351back

[12] S.R. 1995 No. 239, as amended by S.R. 1996 No. 505 and S.R. 1996 No. 607back

[13] Soil ISBN 85527 1591 (1995)back

[14] Air ISBN 185527 1605, 1613, (1995)back

[15] Water ISBN 185527 057 9, 059 5, 112 5, 115, 114 1, 246 6, 351 9, 361 6 (1991-1999)back