The Tir Cynnal (Wales) Regulations 2006

JurisdictionUK Non-devolved

2006 No. 41 (W.7)

AGRICULTURE, WALES

The Tir Cynnal (Wales) Regulations 2006

Made 10th January 2006

Coming into force 13th January 2006

The National Assembly, being 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 it by the said section 2(2) and of all other powers enabling it in that behalf hereby makes the following Regulations:

S-1 Title, commencement and application

Title, commencement and application

1.—(1) The title of these Regulations is the Tir Cynnal (Wales) Regulations 2006 and they come into force on 13 January 2006.

(2) These Regulations apply in relation to Wales only.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires —

“agreement land” means land which is the subject of a Tir Cynnal agreement;

“Code of Good Farming Practice” means the Good Farming Practice provisions set out in section 9.1 of the Rural Development Plan for Wales 2000-2006;

“the Commission Regulation” means Commission Regulation (EC) No. 817/20043laying down detailed rules for the application of the Council Regulation;

“the Council Regulation” means Council Regulation (EC) No. 1257/19994on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside;

“carrying out”, in relation to an activity, includes ensuring that it is carried out, and “carry out” will be construed accordingly;

“eligible person” means a Tir Cynnal agreement holder who applies for aid under these Regulations and is not excluded from eligibility for that aid at the time at which that person’s application is considered;

“farm resource management plan” means the activity set out in Part 3 of the Schedule;

“force majeure” means abnormal and unforeseeable circumstances outside the control of the claimant the effect of which would not have been avoided by the exercise of all due care by the applicant;

“landlord indemnity form” means the form drafted by the National Assembly wherein the Landlord of a Tenant who wishes to participate in the Tir Cynnal scheme but has less than five years to run under his or her tenancy agreement, undertakes to the Tenant to maintain the land within the Tir Cynnal scheme until at least the end of the first 5 years of any agreement made by the Tenant to enter into the Tir Cynnal scheme;

“National Assembly” means the National Assembly for Wales;

“other party” means a person who is party to a Tir Cynnal agreement with the National Assembly;

“resource management plan” means the activity set out in Part 3 of the Schedule;

“specified purposes” means the conservation of biodiversity, protection of landscape features, safeguarding the historic environment and reducing pollution;

“Tir Cynnal agreement” has the meaning given to it by regulation 4(2); and

“Tir Cynnal agreement holder” means any person who has entered into a Tir Cynnal agreement;

“whole farm section” means the environmental conditions set out in Part I of the Schedule which have to be complied with as part of the Tir Cynnal scheme;

“wildlife habitat” means the environmental conditions set out in Part 2 of Schedule 1.

“working day” means a day which is not a Saturday, Sunday, a common law holiday in Wales and England, or a Bank Holiday in Wales under the Banking and Financial Dealings Act5.

“the 5% habitat condition” means the conditions set out in Part 2 of the Schedule.”

(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.

S-3 Applications

Applications

3. An application by an eligible person to join the Tir Cynnal scheme will be made at such time and in such form and will contain or be accompanied by such information and subject to such conditions as the National Assembly may require.

S-4 Power to enter into agreements

Power to enter into agreements

4.—(1) In any case where the National Assembly is of the opinion that, in relation to any land, the following of the conditions set out in Parts 1, 2, 3 and 4 of the Schedule by any person who has an interest in that land would be conducive to the specified purposes, the National Assembly may, subject to paragraphs (4) and (5) below, enter into a Tir Cynnal agreement with that eligible person.

(2) For the purposes of paragraph (1) above, a Tir Cynnal agreement means an agreement which remains in force for a minimum period of five years, provides for the agreement holder to follow the conditions set out in Parts 1, 2, 3 and 4 of the Schedule in relation to the agreement land and requires the National Assembly to make payments of aid to the agreement holder in respect of the following of these conditions on the agreement land.

(3) The National Assembly will not enter into any Tir Cynnal agreement in circumstances to which Article 42 of Commission Regulation 817/2004 (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.

(4) The National Assembly will not enter into any Tir Cynnal agreement unless the amount of land subject to that agreement comprises at least 3 hectares.

(5) A Tir Cynnal agreement—

(a)

(a) will include provision that the other party will carry out on the agreement land, the whole farm section as specified in Part 1 of the Schedule ;

(b)

(b) will include that the other party will carry out on the agreement land activities so as to protect the wildlife habitats specified in Part 2 of the Schedule insofar as the habitats exist on the agreement land;

(c)

(c) will include that the other party will agree that at least 5% of the agreement land will consist of wildlife habitat. If less than 5% of the area of the agreement land is wildlife habitat then the other party can include existing hedgerows and create new habitats in order to meet the 5% habitat condition;

(d)

(d) will include provision that the other party will complete a farm resource management plan as detailed in Part 3 of the Schedule;

(e)

(e) will, in relation to the activities referred to in paragraphs (a), (b), (c) and (d) require or enable the National Assembly to make payment of aid which at the date of the coming into force of this instrument, (but which may be adjusted at the National Assembly’s discretion) are at the rates referred to in Part 4 of the Schedule.

S-5 Conditions for payment of aid

Conditions for payment of aid

5.—(1) Any requirement in a Tir Cynnal agreement to make a payment of aid under these regulations to any person will be subject to the condition that such a person is an eligible person and also to the following conditions —

(a)

(a) that such a person is not in breach of any of the terms of the Tir Cynnal agreement by which he or she is bound;

(b)

(b) that such a person complies with the requirements of regulation 7 below; and

(c)

(c) that such a person maintains an interest in the agreement land for the duration of the Tir Cynnal agreement, unless such a person is a tenant of the agreement land, such tenancy having less than five years left to run, and such a person has obtained his or her Landlord’s signature to the landlord indemnity form;

(d)

(d) that such a person has complied and continues to comply with the provisions of the Code of Good Farming Practice;

(2) the conditions which have to be complied with under the Tir Cynnal scheme can be altered at any time, including alterations imposed as a result of future changes made o the Rural Development Plan for Wales 2002-2006 and any successor plan to it.

S-6 Payments

Payments

6. Payments of aid under any Tir Cynnal agreement may be made during an annual payment window determined by the National Assembly.

S-7 Claims

Claims

7.—(1) An application by a Tir Cynnal agreement holder for aid under these Regulations will be made at such time and in such form and will contain or be accompanied by such information as the National Assembly for Wales may reasonably require.

(2) The National Assembly may incorporate the claim for Tir Cynnal payments into the Single Application Payment Form.

S-8 Financial Limits

Financial Limits

8. If, in the view of the total number of applications for grant already approved or received, the National Assembly is at any time of the opinion that the financial resources which are available for payment of grant under the Tir Cynnnal scheme during any period are insufficient to satisfy any payment during the period which would result from the approval of any further application, it may, in respect of any application received at the date of its decision but not yet accepted, or any application it may receive during the relevant period—

(a) suspend further consideration of any such application until such time as may be subsequently be specified by it: or

(b) reject any such application without further consideration

S-9 Late claims

Late claims

9.—(1) Subject to paragraphs (2) and (3) below, if the applicant presents a claim for a Tir Cynnal payment in respect of a particular year later than the closing date fixed by the National Assembly, the amount otherwise payable will be reduced by one percent for every working day from the closing date to the date upon which the claim was received by the National Assembly,

(2) If the claim was presented more than 25 days (whether or not working days) later then the closing date, no payment will be made to the claimant pursuant to that claim for a Tir Cynnal payment.

(3) Paragraphs...

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