Arable Area Payments (Amendment) Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/2780 |
1995 No. 2780
AGRICULTURE
The Arable Area Payments (Amendment) Regulations 1995
Made 24th October 1995
Laid before Parliament 25th October 1995
Coming into force 15th November 1995
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community, acting jointly in exercise of the powers conferred on them by that section and of all other powers enabling them in that behalf, hereby make the following Regulations:
Title, extent and commencement
1. These Regulations may be cited as the Arable Area Payments (Amendment) Regulations 1995, shall extend to Great Britain and shall come into force on 15th November 1995.
Amendments to the Arable Area Payments Regulations 1995
2.—(1) The Arable Area Payments Regulations 19953shall be amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (1) of regulation 2 (interpretation)—
(a)
(a) in the definition of “Commission Regulation 334/93” for the phrase “as amended by Commission Regulation (EC) No. 608/944” substitute the phrase “as last amended by Commission Regulation (EC) No. 1870/955”;
(b)
(b) delete the definition of “Commission Regulation 2595/93”;
(c)
(c) in the definition of “Council Regulation 1765/92” for “and Council Regulation (EC) No. 2990/946” insert “, Council Regulation (EC) No. 2290/94and Council Regulation (EC) No. 2336/957”;
(d)
(d) in the definition of “eligible land” before “means” insert “, subject to regulation 5A,”;
(e)
(e) in the definition of “land set aside for non-food purposes” delete “either” and delete “or Commission Regulation 2595/93”;
(f)
(f) in the definition of “permitted agricultural production” delete “or Commission Regulation 2595/93”; and
(g)
(g) in the definition of “specified raw materials” after “Annex I” where it first appears insert “and Annex II” and delete “and in Annex I to Commission Regulation 2595/93”.
(3) After regulation 5, insert the following regulation—
“Exchanges of eligible and ineligible land
5A.—(1) Where a farmer believes he is obliged to exchange ineligible land for eligible land within his holding for agronomic, phytosanitary or environmental reasons, as provided for in Article 3(4) of Commission Regulation 2780/92, he may apply to the Minister for approval of the exchange and the following provisions of this regulatiokn shall apply in respect of his application.
(2) Subject to paragraphs (3) and (4) below, the application shall be in such form as the Minister may reasonably require.
(3) Where the applicant holds any of the eligible land as a tenant then his application shall include a declaration that he has obtained the written consent of his immediate landlord to the proposed exchange in respect of each part of the eligible land so held.
(4) Where the applicant holds any of the ineligible land as a tenant then his application shall include a declaration that he has informed his immediate landlord of the proposed exchange in respect of each part of the ineligible land so held.
(5) If the Minister is satisfied that the applicant is obliged to exchange the ineligible land for the eligible land for agronomic, phytosanitary or environmental reasons then, subject to the following paragraphs of this regulation, he shall give approval for the exchange.
(6) The Minister shall not give approval for the exchange if any of the ineligible land—
(a)
(a) is situated within, or within 100 metres of, an area of special scientific interest as notified pursuant to section 28(1) of the Wildlife and Countryside Act 19818unless he is satisfied that neither the ineligible land nor that area of special scientific interest will suffer any material environmental damage as a result of the exchange;
(b)
(b) is situated within, or within 100 metres of, an area to which section 29(3) of the Wildlife and Countryside Act 1981 applies unless he is satisfied that neither the ineligible land nor that area will suffer any material environmental damage as a result of the exchange;
(c)
(c) is situated within, or within 100 metres of—
(i) particular land classified as a European site under regulation 10 of the Conservation (Natural Habitats &c.) Regulations 19949; or
(ii) particular land included in the list referred to in regulation 7 of the Conservation (Natural Habitats &c.) Regulations 1994,
unless he is satisfied that neither the ineligible land nor that particular land will suffer any material environmental damage as a result of the exchange;
(d)
(d) is situated within ten metres of any watercourse (which for the purposes of this provision includes any coastal water, estuary, lake, pond, river, stream, canal or field ditch) unless he is satisfied that neither the ineligible land nor the watercourse will suffer any material environmental damage as a result of the exhange;
(e)
(e) is subject to an agreement under section 18(3) of the Agriculture Act 198610unless he is satified that neither the ineligible land nor other land (if any) subject to the same agreement will suffer any material environmental damage as a result of the exchange;
(f)
(f) is—
(i) subject to an agreement made (in England and Wales) under the Nitrate Sensitive Areas (Designation) Order 199011or (in Scotland) under section 31B of the Control of Pollution Act 197412as it applies to Scotland; or
(ii) situated within land in respect of which payments of aid may be made under the Nitrate Sensitive Area Regulations 199413following a particular application thereunder,
unless he is satisfied that neither the ineligible land nor other land (if any) subject to the same agreement or, as the case may be, covered by the same application will suffer any material environmental damage as a result of the exchange;
(g)
(g) is subject to an agreement entered into under section 4 of the Countryside Act 196814and designated a Countryside Stewardship Scheme agreement (in England) or Tir Cymen agreement (in Wales) unless he is satisfied that neither the ineligible land nor other land (if any) subject to the same agreement will suffer any material environmental damage as a result of the exchange;
(h)
(h) is situated within land in respect of which payments of aid may be made under the Habitat (Water Fringe) Regulations 199415, the Habitat (Former Set-Aside Land) Regulations 199416, the Habitat (Salt-Marsh) Regulations 199417, the Habitat (Broadleaved Woodland) (Wales) Regulations 199418, the Habitat (Water Fringe) (Wales) Regulations 199419, the Habitat (Coastal Belt) (Wales) Regulations 199420, the Habitat (Species-Rich Grassland) (Wales) Regulations 199421or the Habitats (Scotland) Regulations 199422following a particular application thereunder, unless he is satisfied that neither the ineligible land nor other land (if any) covered by the same application will suffer material environmental damage as a result of the exchange;
(i)
(i) is situated within an area which has never been cropped during the period of twenty years ending on 22nd April 1995 unless that ineligible land is situated within an existing orchard planted after 22nd April 1965;
(j)
(j) is situated within an existing orchard planted before 23rd April 1965 unless he is satisfied that such of the ineligible land as is situated within that orchard will not...
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