Paragraph 20 Application of herbicides to the set-aside landI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 1 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 2 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 3 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 4 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 5 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 6 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 7 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 8 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 9 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 10 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 11 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 12 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 13 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 14 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 15 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 16 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 17 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 18 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 19 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 20 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 21 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 22 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 23 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 24 coming into force by Arable Area Payments 1997 reg. 1
Sch. 2 para. 25 coming into force by Arable Area Payments 1997 reg. 1

(1)

Subject to sub-paragraph (2), a farmer shall not apply herbicide to the set-aside land concerned unless—

(a)

it is of a type which either—

(i)

is absorbed into a plant primarily through the leaves and stem, or

(ii)

has been approved by the Department under regulation 5 of the Control of Pesticides Regulations (Northern Ireland) 1987^f1 or under regulation 5, 7, 8 or 11 of the Plant Protection Products Regulations (Northern Ireland) 1995^f2 and its application is not outside the coverage of the uses for which it has been approved; and

(b)

such application, if undertaken on guaranteed set-aside land or prior to 15th April in the current scheme year on any other form of set-aside land—

(i)

is not likely significantly to damage green cover on the land;

(ii)

is made prior to replacing green cover on the land in accordance with paragraph 15;

(iii)

is undertaken using herbicide applied either as a spot treatment or with a wick applicator; or

(iv)

is undertaken in order to create a bare fallow strip as permitted by paragraph 8(2), or to keep such a strip bare.

(2)

The Department shall on application from a farmer exempt him from the restriction imposed by sub-paragraph (1) so as to permit him to apply any herbicide to set-aside land in order to create a bare fallow strip permitted by paragraph 8(2) or keep such a strip bare, where the Department is satisfied that the application of herbicides in accordance with sub-paragraph (1)(b)(iv) has not been effective to prevent the growth of vegetation on that strip.

Paragraph 20 Application of herbicides to the set-aside landI1

Annotations

Commencement

Footnotes