Made | 5th February 2001 | ||
Coming into operation | 20th March 2001 |
(3) Words and phrases used in Schedules 1 to 6 and not defined in paragraph (2) shall be construed in accordance with Schedule 6.
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 -
(2) These Regulations apply to an undertaking in writing by the applicant, for the relevant period -
(3) An undertaking mentioned in paragraph (2) may also include an undertaking by the applicant to carry out or, as the case may be, to carry out and maintain any of the activities referred to in paragraph (4)(c) and (d).
(4) The activities mentioned in paragraph (2) or (3) are -
Applications for grant
4.
An application for grant under these Regulations shall be made at such time and in such form, and shall include or be accompanied by such information as the Department may require.
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 -
(5) The Department shall not accept an application for grant without first having agreed with the applicant the date of commencement of the undertaking which shall in no circumstances be earlier than the date on which the application was accepted.
Transformation of undertakings
6.
- (1) A beneficiary under the Habitat Improvement Regulations (Northern Ireland) 1995[10] or the Moorland (Livestock Extensification) Regulations (Northern Ireland) 1995[11] 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 20 (transformation of undertakings) of Commission Regulation 1750/1999 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 Schedule 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 for each applicant.
(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 for each applicant.
(4) For the purposes of paragraph (3) the activities set out in the following paragraphs of Schedule 5 shall be disregarded -
(5) Subject to the provisions of these Regulations the Department shall make payments of grant annually in arrears.
(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 37.3 of the Council Regulation and Article 31 of Commission Regulation 1750/1999 (combination of aids).
Financial limits
8.
- (1) If, in view of the total number of applications already accepted, the Department is at any time of the opinion that the financial resources which are available for payment of grant under these Regulations during any period are insufficient to satisfy any payment during that period which would result from the acceptance of any further application, it may suspend further consideration of any application received at the date of its decision but not yet accepted, or any application it may receive after the date of its decision, until such time as may subsequently be specified by it.
(2) Notice of a suspension by the Department under paragraph (1), or of the termination of any such suspension, shall be published in the Belfast Gazette.
Change of occupation
9.
- (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 -
(4) A new occupier of any part of the land or, as the case may be, the former occupier of all the land may take on the undertaking insofar as it extends to that part of the land which he occupies, or as the case may be, continues to occupy where the Department is satisfied that -
(5) Where occupation of the land is divided the Department shall determine -
(6) Where the Department is satisfied as specified in paragraph (3), it shall, subject to regulation 7, make payments of the grant for the remainder of the period of the undertaking to the new occupier of the land who has taken on the undertaking.
(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 -
(9) The provisions of this regulation are, insofar as the grant paid under these Regulations includes aid under the Council Regulation, subject to Article 29 (transfer of holding) and Article 30 (force majeure) of Commission Regulation 1750/1999.
Obligation to permit entry and inspection
10.
- (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 -
(2) An applicant shall render all reasonable assistance to the authorised person in relation to the matters mentioned in paragraph (1), and in particular shall -
Withholding and recovery of grant
11.
- (1) Where any person, with a view to obtaining the payment of grant under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading, the Department may withhold the whole or any part of any payments of grant payable thereunder to that person or to such other person and may, subject to the provisions of Article 48 of Commission Regulation 1750/1999, recover the whole or any part of any sums already paid by way of grant thereunder to that person or such other person.
(2) Where an applicant -
the Department may withhold the whole or any part of any grant payable to that applicant under these Regulations and may recover the whole or any part of any grant already paid to him.
(3) Where the Department withholds or recovers grant under paragraph (2), it may also, insofar as it is consequent upon Article 48.2 of Commission Regulation 1750/1999 (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), require the applicant to pay to the Department a sum equal to no more than 10% of the grant paid or payable to the applicant under these Regulations.
(4) Where the Department takes any step specified in paragraph (1), (2) or (3) it may also treat as terminated the undertaking given by the applicant under these Regulations.
(5) Where under paragraph (4) the Department treats the undertaking given by the applicant as terminated, it may also 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 from the date of termination as is specified in the notice which period shall not exceed the period beginning with the date of termination and ending with the last day of the calendar year following that in which the termination occurs.
(6) Any dispute between the Department and an applicant in relation to a matter arising under these Regulations shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of such agreement to be appointed by the Chairman for the time being of the Northern Ireland Branch of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1996[12] or any statutory modification or re-enactment thereof for the time being in force.
Recovery of interest
12.
- (1) Where a grant is paid under these Regulations by the Department and, by virtue of Article 14 of Commission Regulation 3887/92 (as applied by Article 48.1, second sub-paragraph of Commission Regulation 1750/1999), 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 14.3 of Commission Regulation 3887/92.
(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
13.
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, Commission Regulation 3887/92 or Commission Regulation 1750/1999 insofar as it relates to land to which an undertaking relates, the amount so falling to be paid shall be recoverable as a civil debt.
Revocation and saving
14.
- (1) Subject to paragraph (2), the Countryside Management Regulations (Northern Ireland) 1999[13] are hereby revoked.
(2) Any application for grant made under and in accordance with the Countryside Management Regulations (Northern Ireland) 1999 shall be treated as if it was an application for grant made under and in accordance with these Regulations.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
5th February 2001.
L.S.
Liam McKibben
A senior officer of the Department of Agriculture and Rural Development
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
5th February 2001.
L.S.
David Sterling
A senior officer of the Department of Finance and Personnel
published by the Department;
(h) comply with the Good Farming Practice for the Environment[17] published by the Department.
2.
The applicant shall not -
3.
The applicant shall during the first 5 years of an undertaking participate in a training programme approved by the Department designed to develop competencies necessary to the delivery of his obligations.
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. |
Column (1) | Column (2) |
Activity | Maximum Payment Rate |
1.
In relation to semi-natural grassland - |
|
(a) management of species rich hay meadows; |
£150 per hectare per annum. |
(b) management of species rich grassland; |
£110 per hectare per annum. |
(c) management of species rich acid grassland of 10 hectares or less; |
£70 per hectare per annum. |
(d) management of species rich acid grassland of over 10 hectares up to and including 50 hectares; |
£35 per hectare per annum. |
(e) management of species rich acid grassland of over 50 hectares. |
£20 per hectare per annum. |
2.
In relation to wetlands - |
|
(a) management of lowland wet grassland, fen, swamp, carr and reed beds; |
£110 per hectare per annum. |
(b) management of lowland wet grassland to enhance numbers of breeding waders. |
£150 per hectare per annum. |
3.
In relation to upland breeding wader sites - |
|
(a) management of upland breeding wader sites where there is a restricted grazing period; |
£75 per hectare per annum. |
(b) management of upland breeding wader sites where there is a closed grazing period. |
£105 per hectare per annum. |
4.
In relation to moorland - |
|
(a) management of heather moorland of 100 hectares or less; |
£50 per hectare per annum. |
(b) management of heather moorland over 100 hectares up to and including 200 hectares; |
£25 per hectare per annum. |
(c) management of heather moorland over 200 hectares; |
£10 per hectare per annum. |
(d) management of rough moorland grazing of 20 hectares or less; |
£20 per hectare per annum. |
(e) management of rough moorland grazing over 20 hectares up to and including 100 hectares; |
£10 per hectare per annum. |
(f) management of rough moorland£5 per hectare per annum. grazing of more than 100 hectares; |
£5 per hectare per annum. |
(g) reduction of number of suckler cow on heather moorland; |
£250 per suckler cow removed per annum. |
(h) reduction of number of ewes on heather moorland. |
£30 per ewe removed per annum. |
5.
In relation to lowland raised bog - |
|
(a) management of lowland raised bog of 100 hectares or less; |
£50 per hectare per annum. |
(b) management of lowland raised bog of over 100 up to and including 200 hectares; |
£25 per hectare per annum. |
(c) management of lowland raised bog over 200 hectares. |
£10 per hectare per annum. |
6.
In relation to broadleaved farm woodland and farm scrub - |
|
(a) management of broadleaved farm woodland; |
£95 per hectare per annum. |
(b) management of farm scrub. |
£30 per hectare per annum. |
7.
In relation to coastal farmland - management of coastal farmland |
£80 per hectare per annum. |
8.
In relation to archaeological features - |
|
management of archaeological features. |
£80 per 0·25 hectare or part thereof per annum up to 1·5 hectares and £20 per 0·25 hectare or part thereof per annum thereafter. |
9.
In relation to parkland - |
|
management of parkland. |
£50 per hectare per annum. |
10.
In relation to inter-drumlin loughs - |
|
(a) management of improved land riparian to inter-drumlin loughs (including inflowing watercourses); |
£45 per hectare per annum. |
(b) management of unimproved land riparian to inter-drumlin loughs (including inflowing watercourses); |
£40 per hectare per annum. |
(c) management of buffer strips of improved land adjacent to inter- drumlin loughs; |
£385 per hectare per annum. |
(d) management of buffer strips of unimproved land adjacent to inter-drumlin loughs. |
£345 per hectare per annum. |
Column (1) | Column (2) |
Activity | Maximum Payment Rate |
1.
In relation to arable lands managed for wildlife - |
|
(a) retention of winter stubble; |
£50 per hectare per annum. |
(b) conversion of improved land to spring cereals or oil seed rape; |
£90 per hectare per annum. |
(c) establishment of wild bird cover crop on improved land; |
£500 per hectare per annum. |
(d) establishment of wild bird cover crop on arable land; |
£490 per hectare per annum. |
(e) creation of a rough grass field margin; |
£515 per hectare per annum. |
(f) establishment of a conservation crop margin. |
£100 per hectare per annum. |
2.
In relation to winter feeding sites for migratory swans and geese - |
|
(a) management of improved land for winter feeding of migratory swans and geese of 5 hectares or less; |
£110 per hectare per annum. |
(b) management of improved land for winter feeding of migratory swans and geese over 5 hectares and up to and including 25 hectares; |
£55 per hectare per annum. |
(c) management of improved land for winter feeding of migratory swans and geese over 25 hectares; |
£25 per hectare per annum. |
(d) management of arable land for winter feeding of migratory swans and geese of 5 hectares or less; |
£195 per hectare per annum. |
(e) management of arable land for winter feeding of migratory swans and geese over 5 hectares and up to and including 25 hectares; |
£95 per hectare per annum. |
(f) management of arable land for winter feeding of migratory swans and geese over 25 hectares. |
£45 per hectare per annum. |
3.
In relation to lapwing breeding sites - |
|
(a) management of improved land for lapwing breeding; |
£160 per hectare per annum. |
(b) management of unimproved land for lapwing breeding. |
£130 per hectare per annum. |
4.
In relation to traditional orchards - |
|
(a) restoration of traditional orchards eligible for restoration; |
£260 per hectare per annum. |
(b) recreation of traditional orchards eligible for recreation. |
£380 per hectare per annum. |
5.
In relation to buffer strips adjacent to an Area of Special Scientific Interest, National Nature Reserve, Natura 2000 site, watercourse, lake or woodland - |
|
(a) management of a buffer strip on improved land; |
£385 per hectare per annum. |
(b) management of a buffer strip on unimproved land. |
£345 per hectare per annum. |
6.
In relation to heather regeneration - |
|
(a) burning of heather; |
£60 per hectare per annum. |
(b) flailing of heather. |
£45 per hectare per annum. |
7.
In relation to bracken - |
|
(a) control of bracken by tractor spraying; |
£140 per hectare per annum. |
(b) control of bracken by knapsack spraying. |
£220 per hectare per annum. |
8.
In relation to rhododendron - |
|
control of rhododendron. |
£390 per hectare per annum. |
9.
In relation to scrub - |
|
control of scrub. |
£95 per hectare per annum. |
10.
In relation to restoration of field boundaries - |
|
(a) restoring 5 metres of field boundaries per hectare per year; |
£40 per hectare per annum. |
(b) restoring 10 metres of field boundaries per hectare per year. |
£80 per hectare per annum. |
11.
In relation to provision of native trees - |
|
provision of native trees for areas less than 0.2 hectares. | £750 per hectare per annum. |
Column (1) | Column (2) |
Activity | Maximum Payment Rate |
1.
Field boundaries -
|
|
(i) double skinned |
£9·47 per square metre run |
(ii) single-skinned; |
£6·31 per square metre run |
(b) hedge restoration; |
|
(i) laying; |
£2·55 per metre |
(ii) coppicing; |
£0·93 per metre |
(iii) interplanting/reinstatement; |
£3·05 per metre |
(c) reinstating sod banks. |
£2·48 per metre |
2.
Stiles - |
|
(a) erection of 3 step stone stile; |
£16·83 per stile |
(b) erection of a free standing timber ladder. |
£34·80 per ladder |
3.
Tree planting/management - |
|
(a) tree/shrub planting; |
£0·56 per plant |
(b) installation of tree guard and stake; |
£0·71 per tree guard and stake |
(c) installation of spiral rabbit guard; |
£0·18 per guard |
(d) planting standard parkland trees; |
£12·08 per tree |
(e) tree surgery; |
60% of cost approved by the Department |
(f) pollarding. |
60% of cost approved by the Department |
4.
Orchards - |
|
restorative pruning. | 60% of cost approved by the Department |
5.
Items to enhance wildlife value - |
|
(a) installation of nest boxes; |
£4·20 per box (Small) £6·00 per box (Large) |
(b) installation of bat boxes; |
£4·20 per box |
(c) installation of red squirrel feeders. |
£42·00 per feeder |
6.
Structures/work to raise water levels. |
60% of cost approved by the Department |
7.
Creation of scrapes. |
£1·25 per square metre surface area (to maximum of 100m2) |
8.
Restoration of farm ponds. |
60% of cost approved by the Department |
9.
Provision of alternative watering sites - |
|
(a) installation of trough; |
£30·00 per trough |
(b) installation of up to 150 metres of pipeline; |
£0·92 per metre |
(c) installation of over 150 metres of pipeline. |
£0·80 per metre |
10.
Restoration of traditional and heritage features - |
|
(a) restoration of traditional farm buildings; |
60% of cost approved by the Department |
(b) restoration of features of historic interest; |
60% of cost approved by the Department |
(c) restoration of traditional gates. |
£21·00 per metre (wooden) £45·00 per metre (metal) £24·00 per metre (composite) |
(d) restoration of traditional pillars and posts - |
|
(i) rebuilding pillar; |
£90·00 per pillar |
(ii) rebuilding pillar cap; |
£18·00 per pillar cap |
(iii) repointing pillar cap; |
£34·00 per pillar |
(iv) replastering pillar cap; |
£18·00 per pillar |
(v) provision of wooden post; |
£13·20 per post |
(vi) provision of stone post. |
£60·00 per post |
11.
Erection of protective fencing - |
|
(a) 3 line strained wire; |
£1·06 per metre |
(b) additional line wire; |
£0·08 per metre |
(c) woven wire; |
£1·16 per metre |
(d) woven wire (heavy pattern); |
£1·61 per metre |
(e) proofing against rabbits and hares; |
£0·88 per metre |
(f) timber stiles - |
|
(i) single step; |
£11·27 per stile |
(ii) double step; |
£17·34 per stile |
(iii) vertical stile; |
£28·94 per stile |
(g) protection for planting parkland trees. |
£46·30 (1·8m square) per guard £75·38 (3·6m triangular) per guard £91·98 (3·6m square) per guard |
Good Farming Practice for the Environment and the Codes of Good Agricultural Practice for the protection of soil, air and water referred to in these Regulations are available from the Department of Agriculture, Annex 'D', Dundonald House, Upper Newtownards Road, Belfast BT4 3SB.
The Sites and Monuments Record is accessible at the Environment and Heritage Service: Built Heritage, at 5-33 Hill Street, Belfast, BT1 2LA. The information is also available online at: ads.ahds.ac.uk.
[2] S.I. 1995/3212 (N.I. 21)back
[6] O.J. No. L391, 31.12.92, p. 36 as last amended by Commission Regulation (EC) No. 2801/1999 (O.J. No. L340, 31.12.1999, p. 29)back
[7] O.J. No. L214, 13.8.1999, p. 31back
[8] O.J. No. L160, 26.6.1999, p. 80back
[9] S.I. 1987/458 (N.I. 3)back
[10] S.R. 1995 No. 134, as amended by S.R. 1996 No. 608, S.R. 1997 No. 351 and S.R. 1999 No. 208back
[11] S.R. 1995 No. 239, as amended by S.R. 1996 No. 505, S.R. 1996 No. 607 and S.R. 1999 No. 208back
[14] Soil ISBN 1 85527 1591 (1995)back
[15] Air ISBN 1 85527 1605, 1613, (1995)back
[16] Water ISBN 1 85527 057 9, 059 5, 112 5, 115, 114 1, 246 6, 351 9, 361 6 (1991-1999)back
[18] S.I. 1985/170 (N.I. 1) as amended by S.I. 1989/492 (N.I. 3)back
[19] O.J. No. L206, 22.7.92, p. 7back
[20] O.J. No. L103, 25.4.79, p. 1back