Land in Care Scheme (Tir Gofal) (Wales) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/1176 |
| Year | 1999 |
1999 No. 1176
AGRICULTURE
The Land in Care Scheme (Tir Gofal) (Wales) Regulations 1999
Made 15th April 1999
Laid before Parliament 20th April 1999
Coming into force 11th May 1999
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community2, in exercise of the powers conferred on him by the said section 2(2) and of all other powers enabling him in that behalf hereby makes the following Regulations:
Title, commencement and extent
1.—(1) These Regulations may be cited as the Land in Care Scheme (Tir Gofal) (Wales) Regulations 1999 and shall come into force on 11th May 1999.
(2) These Regulations extend to Wales only.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires–
“agreement land” means land which is the subject of a Tir Gofal agreement;
“agreement year”, in relation to any Tir Gofal agreement, means a period of 12 months commencing with the date of, or any anniversary of the date of, the coming into effect of the agreement;
“agri-environment scheme” means an arrangement which is–
(a) regulated by statutory instrument providing for the payment of aid to persons who give an undertaking or enter an agreement in relation to land to which that instrument 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;
“the Commission Regulation” means Commission Regulation (EC) No. 746/963laying down detailed rules for the application of the Council Regulation, as last amended by Commission Regulation (EC) No. 435/974;
“the Council Regulation” means Council Regulation (EEC) No. 2078/925on 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. 2772/956as rectified in turn by Commission Regulation (EC) No. 1962/967;
“Countryside Council” means the Countryside Council for Wales established by section 128 of the Environmental Protection Act 19908;
“carrying out”, in relation to an activity, includes ensuring that it is carried out, and “carry out” shall be construed accordingly;
“eligible person” means a Tir Gofal agreement holder who applies for aid under these Regulations and is not excluded from eligibility for that aid at the time at which his application is considered by application of Article 10 of the Commission Regulation (which restricts duplication of aid payments), by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member States to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person covered by that provision who, intentionally or by reason of gross negligence, makes a false declaration to be excluded from all aid under the Council Regulation);
“general environmental conditions” means the environmental conditions set out in Part I of Schedule 1;
“interest”, in relation to land, means a freehold or leasehold interest in it;
“special project activity” means an activity in relation to agreement land which the Countryside Council considers–
(a) should be carried out to enable one or more of the specified purposes in relation to that land to be fully achieved; and
(b) is outside the range of activities specified in Schedules 2 to 4;
“specified purposes” means–
(a) the conservation or enhancement of the natural beauty or amenity of the countryside (including its flora and fauna and geological and physiographical features) or of any features of archaeological interest there; or
(b) the promotion of the enjoyment of the countryside by the public;
“Tir Gofal agreement” has the meaning given to it by regulation 3(3); and
“Tir Gofal agreement holder” means any person who has entered into a Tir Gofal agreement.
(2) Any reference in these Regulations to–
(a)
(a) a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations so numbered;
(b)
(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference occurs; and
(c)
(c) a numbered or denoted sub-paragraph is a reference to the sub-paragraph so numbered or denoted in the paragraph in which the reference occurs.
(3) Words and phrases used in Schedules 1 to 4 and not defined in paragraph (1) shall be construed in accordance with Schedule 5.
Power to enter into agreements
3.—(1) In any case where the Countryside Council is of the opinion that, in relation to any land, the following of the general environmental conditions and the carrying out of activities by any person who has an interest in that land would be conducive to the specified purposes, that body may, subject to paragraphs (6) and (7) below, enter into a Tir Gofal agreement with that person.
(2) In this regulation “the other party” means a person within the description in paragraph (1), being the particular person in the case in question.
(3) For the purposes of paragraph (1) above, a Tir Gofal agreement means an agreement which remains in force for a term specified in the agreement, provides for the other party to follow the general environmental conditions and to carry out the activities in question in relation to the agreement land and requires the Countryside Council to make payments of aid to the other party in respect of the following of the general environmental conditions and the carrying out of those activities on that land.
(4) A Tir Gofal agreement–
(a)
(a) shall include provision that the other party must follow, in relation to the whole of the agreement land, the general environmental conditions;
(b)
(b) shall include provision that the other party shall carry out on the agreement land the management activities specified in an entry in column 1 of Schedule 2 insofar as the habitats relevant to those activities exist on the agreement land;
(c)
(c) shall, if both the Countryside Council and the other party so wish, include provision that the other party shall carry out one or more of the activities referred to in paragraph (5);
(d)
(d) shall, in relation to the general environmental conditions and the activities referred to in subparagraphs (b) and (c) , require or enable the Countryside Council to make payments of aid at the rates referred to in regulation 9; and
(e)
(e) may include provision for the carrying out by the other party of a special project activity and for requiring or enabling the Countryside Council to make payments of aid for such an activity.
(5) The activities mentioned in subparagraph (4)(c) of this regulation are–
(a)
(a) the management activities specified in an entry in column 1 of Schedule 3 to be carried out on any part of the agreement land; and
(b)
(b) the capital activities specified in an entry in column 1 of Schedule 4 to be carried out on any part of the agreement land.
(6) The Countryside Council shall not enter into any Tir Gofal agreement in circumstances to which Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement) applies unless it is satisfied that the conditions set out in that Article are fulfilled.
(7) The Countryside Council shall not enter into any Tir Gofal agreement unless the amount of land subject to that agreement comprises more that 3 hectares.
Aid for purposes conducive to conservation etc
4. Subject to regulation 6, the Countryside Council may make payments of aid in accordance with a Tir Gofal agreement to any eligible person.
Conditions for payment of aid
5. Any requirement in a Tir Gofal agreement to make a payment of aid under these Regulations to any person shall be subject to the condition that he is an eligible person and also to the following conditions–
(a) that he is not in breach of any of the terms of the Tir Gofal agreement by which he is bound;
(b) that he complies with the requirements of regulations 7 and 8 below; and
(c) that he maintains an interest in the agreement land for the duration of the Tir Gofal agreement.
Payment of aid
6. Payments of aid under any Tir Gofal agreement may be made at any time during or after the agreement year provided that any such payment shall be made, in the case of a payment in relation to any capital activity in a Tir Gofal agreement specified in an entry in column 1 of Schedule 4, upon completion of the work.
Applications for aid
7. An application by a Tir Gofal agreement holder for aid under these Regulations shall be made at such time and in such form and shall contain or be accompanied by such information as the Countryside Council reasonably may require.
Notification of change of occupation
8.—(1) A Tir Gofal agreement holder (or, if he has died, his personal representative) shall notify the Countryside Council in writing of any change in the occupation of the agreement land or any part of the agreement land where the change occurs while the Tir Gofal agreement is in force.
(2) Notification under this regulation shall be given within three months after the change of occupation concerned, or, where the Tir Gofal agreement holder has...
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