# Arable Area Payments Regulations (Northern Ireland) 1997, Paragraph 20: Application of herbicides to the set-aside land

Extent: N.I.
Status: prospective

(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 or under regulation 5, 7, 8 or 11 of the Plant Protection Products Regulations (Northern Ireland) 1995 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.

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Source: https://www.legislation.gov.uk/nisr/1997/477/schedule/2/paragraph/20 (the official version)
Page: https://openlegislation.uk/arable-area-payments-regulations-northern-ireland-1997/schedule-2/paragraph-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.