# Arable Area Payments Regulations (Northern Ireland) 1997, Regulation 6: Exchanges of eligible and ineligible land

Extent: N.I.
Status: prospective

(1) Where a farmer believes that he is obliged to exchange ineligible land for eligible land within his holding for agronomic, phytosanitary or environmental reasons, as provided for in Article 2(5) of Commission Regulation 658/96, he may apply to the Department for approval of the exchange and paragraphs (2) to (7) shall apply in respect of his application.
(2) Subject to paragraphs (3) and (4), the application shall be in such form as the Department may reasonably require.
(3) Where the applicant holds any of the eligible land as a tenant or under licence then his application shall include a declaration that he has obtained the written consent of his immediate landlord or the licensor, as the case may be, 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 or under licence then his application shall include a declaration that he has informed his immediate landlord or the licensor, as the case may be, of the proposed exchange in respect of each part of the ineligible land so held.
(5) If the Department is satisfied on reasonable grounds that the applicant is obliged to exchange the ineligible land for the eligible land for agronomic, phytosanitary or environmental reasons then, subject to paragraphs (6) and (7) it shall give approval for the exchange.
(6) The Department shall not give approval under paragraph (5) for the exchange if any of the ineligible land—
(a) is situated within, or within 100 metres of, an area of special scientific interest as notified pursuant to Article 24 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 unless it is satisfied on reasonable grounds 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) is situated within, or within 100 metres of,
(i) particular land identified as a European site under regulation 9 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995, or
(ii) particular land included in the list referred to in regulation 6 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995, unless it is satisfied on reasonable grounds that neither the ineligible land nor that particular land will suffer any material environmental damage as a result of the exchange;
(c) is situated within, or within 10 metres of any watercourse (which for the purposes of this sub-paragraph includes any coastal water, estuary, lake, pond, river, stream, canal or field ditch) unless it is satisfied on reasonable grounds that neither the ineligible land nor the watercourse will suffer any material environmental damage as a result of the exchange;
(d) is subject to an agreement made under the Agriculture (Environmental Areas) (Northern Ireland) Order 1987 unless it is satisfied on reasonable grounds 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;
(e) is situated within land in respect of which payments of aid may be made under the Habitat Improvement Regulations (Northern Ireland) 1995 following an application thereunder, unless it is satisfied on reasonable grounds 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;
(f) 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;
(g) is situated within an existing orchard planted before 23rd April 1965, unless it is satisfied on reasonable grounds that such of the ineligible land as is situated within that orchard will not suffer material environmental damage as a result of the exchange;
(h) is situated within land comprising an historic monument within the meaning of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 unless it is satisfied on reasonable grounds that there will be no harmful effect on the preservation of the historic monument as a result of the exchange;
(i) is situated within a site of archaeological or historical importance (as specified in regulation 10(4)) unless it is satisfied on reasonable grounds that there will be no harmful effect on the preservation of the archaeological or historical importance of that site as a result of the exchange; or
(j) is situated within a production region (as specified in regulation 3(1)) different from that in which any of the eligible land is situated.
(7) Where approval has been given by the Department under paragraph (5) in relation to any exchange, but—
(a) any declaration included in, or information given by the applicant in connection with, the application under paragraph (1) for that approval was false in any material particular; or
(b) any declaration required to have been included in the application by virtue of paragraph (3) or (4) was not so included,
then the application shall for all purposes be treated as if it had never been approved.

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Source: https://www.legislation.gov.uk/nisr/1997/477/regulation/6 (the official version)
Page: https://openlegislation.uk/arable-area-payments-regulations-northern-ireland-1997/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.