# Arable Area Payments Regulations (Northern Ireland) 1997, Regulation 9: Requirements in relation to set-aside land

Extent: N.I.
Status: prospective

(1) A farmer shall, subject to paragraphs (3) to (8), comply with the requirements of Schedule 2 in relation to his set-aside land, other than land which is—
(a) set aside pursuant to Council Regulation 2078/92;
(b) afforested pursuant to Council Regulation 2080/92; or
(c) land set aside for non-food purposes.
(2) A farmer shall, subject to paragraphs (3) to (8), comply with the requirements of Schedule 3 in relation to land set aside for non-food purposes.
(3) A farmer shall be exempt from any given requirement of Schedule 2 or Schedule 3 in relation to particular set-aside land if he satisfies the Department that he should be exempted from it—
(a) to facilitate research into the effect of the observance of particular methods of managing set-aside land;
(b) for environmental reasons;
(c) where the farmer is an educational establishment, to facilitate the fulfilment of its educational purpose;
(d) because during the set-aside period—
(i) a pipeline, cable or pylon is being or will be laid through, or constructed on or across, the particular set-aside land and the farmer cannot reasonably prevent that laying or construction, provided that that laying or construction was not already in progress on the date on which the land was set aside;
(ii) maintenance of a pipeline, cable or pylon which the farmer cannot reasonably prevent is being or will be carried out on the particular set-aside land; or
(iii) an archaeological excavation is to be carried out on the particular set-aside land;
(e) for reasons of human or animal health or safety;
(f) because, at the time when compliance with that requirement would otherwise be required, it is likely that the cost (whether financial or otherwise) of complying with that requirement would be disproportionately high in comparison with the environmental benefit which compliance with that requirement would yield;
(g) because such exemption is necessary, either to enable a serious plant health problem, serious weed infestation or serious pest infestation to be treated or to permit appropriate measures to be taken to prevent the development of such a problem or, as the case may be, infestation; or
(h) in order to benefit a charity within the meaning of section 35 of the Charities Act (Northern Ireland) 1964.
(4) The Department may specify that any exemption granted pursuant to paragraph (3) shall be effective only until a date, or the occurrence of a particular event, specified in the exemption.
(5) Where the Department considers that—
(a) the circumstances of all set-aside land—
(i) situated in a particular geographical location;
(ii) planted with a particular variety or species of crop; or
(iii) both situated in a particular geographical location and planted with a particular variety or species of crop,
are such that each farmer of that land would in the event of an application being made to him under paragraph (3)(e), (f) or (g) or paragraph 9(2) of Schedule 2 be able to satisfy the Department that he should be exempt, or as the case may be, treated as having been exempted, from the obligation to comply with one or more of the requirements set out in Schedule 2 in respect of that land; and
(b) the circumstances are such that it would be reasonably practicable for the Department to publish a notice (“an exemption notice”) in accordance with paragraph (6),
then the Department shall so publish that exemption notice.
(6) Every exemption notice to which paragraph (5) refers shall be published in the farming press and shall—
(a) specify—
(i) (in a case to which paragraph (5)(a)(i) applies) the geographical location;
(ii) (in a case to which paragraph (5)(a)(ii) applies) the variety or species of crop; or
(iii) (in a case to which paragraph (5)(a)(iii) applies) the geographical location and variety or species of crop,
to which the exemption applies;
(b) specify the requirement, or as the case may be, requirements of Schedule 2 to which the exemption applies;
(c) specify any conditions attaching to the exemption; and
(d) specify the period of applicability of the exemption.
(7) Where an exemption notice is published in accordance with paragraph (6), any farmer who applies or has applied to the Department for a compensatory payment in respect of any land specified in that notice shall by virtue of this provision (except as may be required by the notice) be treated as exempt (or, as the case may
(8) For the purposes of this regulation, a “serious weed infestation” means an infestation with one or more of the noxious weeds listed in Schedule 1 to the Noxious Weeds (Northern Ireland) Order 1977.
(9) For the purposes of paragraphs (6) and (7)—
(a) “the farming press” means any publication or group of publications which in the Department’s opinion is read by sufficient of those farmers to whom the exemption applies that knowledge of it will be disseminated to substantially all of those affected farmers; and
(b) the “period of applicability of the exemption” means either a period of a given length commencing on a date specified in the exemption notice or the period from such a date until the occurrence of a particular event specified in the exemption notice as bringing its period of applicability to an end.

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Source: https://www.legislation.gov.uk/nisr/1997/477/regulation/9 (the official version)
Page: https://openlegislation.uk/arable-area-payments-regulations-northern-ireland-1997/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.