# The Moorland (Livestock Extensification) (Wales) Regulations 1995, Regulation 2: Interpretation


(1) In these Regulations, unless the context otherwise requires—
“application” means an application under regulation 4 and “applicant” shall be construed accordingly;
“authorised person” means a person (whether or not an officer of the Secretary of State) authorised by the Secretary of State in accordance with regulation 9;
“beneficiary” means—
(a) a person whose application has been accepted; or
(b) a person who occupies a holding or part of a holding following a change of occupation of that holding or part and who has given an undertaking to comply with extensification obligations relating to that holding or part assumed by the previous occupier;
“compensatory allowance” means the annual compensatory allowance paid under the Hill Livestock (Compensatory Allowances) Regulations 1984, the Hill Livestock (Compensatory Allowances) Regulations 1993 or the Hill Livestock (Compensatory Allowances) Regulations 1994 in respect of sheep;
“eligible moorland” means heather moorland or grass moorland which—
(a) is included in the area coloured brown on any of the maps in the volume of maps marked “Moorland Map of Wales 1992” and deposited at the offices of the Welsh Office Agriculture Department at Cathays Park, Cardiff, South Glamorgan CF1 3NQ,
(b) is not situated in an environmentally sensitive area designated under section 18 of the Agriculture Act 1986,
(c) is not subject to an experimental scheme made by the Countryside Council for Wales under section 4(1) of the Countryside Act 1968, and
(d) is not the subject of an agreement entered into under section 15 of the Countryside Act 1968 or under section 16 of the National Parks and Access to the Countryside Act 1949 which contains a requirement to reduce the stocking density of ewes and relevant livestock;
“eligible person” means a person who on the date of his application—
(a) is the occupier of a production unit containing at least 10 hectares of eligible moorland and has occupied that production unit for a period of at least 12 months, and
(b) either has received compensatory allowances for his flock in respect of 1994 and any subsequent year in respect of which such allowances may be paid or has entered into an agreement with the Secretary of State in accordance with the Sheep Pilot Extensification Scheme;
“ewe” means a female sheep which was at least one year old on the last preceding qualifying date;
“extensification obligations” means the obligations assumed by a beneficiary by virtue of the undertakings referred to in regulation 3 or 7;
“extensification period” means the period of five consecutive years commencing on the first day of the first winter after the acceptance by the Secretary of State of an application;
“grass moorland” means moorland comprised in a moorland grazing unit on which at least 75 per cent of the vegetation is composed of one or more of the following:
bent (Agrostis spp), fescue (Festuca spp), wavy hair-grass (Deschampsia flexuosa), purple moor-grass (Molinia caerulea), mat-grass (Nardus stricta), cotton grass (Eriophorum spp), deer-grass (Trichophorum cespitosum), heath rush (Juncus squarrosus), or bracken (Pteridium aquilinum);
“heather” means vegetation consisting of Calluna vulgaris, Erica tetralix, Erica cinerea or Vaccinium myrtillus;
“heather moorland” means moorland comprised in a moorland grazing unit on which heather covers more than 25 per cent of the area of the land;
“holding” means all the production units farmed by an applicant or beneficiary;
“landlord” means, in relation to any land occupied by a tenant, any person who is entitled for the time being to receive the rents or profits of the land from the tenant so occupying the land;
“livestock unit” means—
(a) 6.66 ewes, or
(b) 6.66 goats, or
(c) 1 bovine animal more than two years old, or
(d) 1.66 bovine animals from six months old to two years old inclusive, or
(e) 1 horse or pony more than six months old, or
(f) 4.35 farmed deer;
“moorland” means land with predominantly semi-natural upland vegetation, or comprising predominantly rock outcrops and semi-natural upland vegetation, used primarily for rough grazing;
“moorland grazing unit” means an area of moorland on which stock management and numbers can be controlled by existing boundaries or by shepherding;
“occupier” includes a person who has a right to use eligible moorland for the purpose of grazing ewes and “occupied” shall be construed accordingly;
“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree;
“participating production unit” means a production unit—
(a) which contains at least 10 hectares of eligible moorland,
(b) which on the date of an application has been occupied by the applicant for a period of at least 12 months, and
(c) in respect of which a written undertaking is given to comply with the obligations described in regulation 3(a) to (e);
“production unit” means land farmed in Wales by an applicant or beneficiary as a single unit, having regard to supplies of machinery, livestock, feeding-stuffs and manpower;
“qualifying date” means—
(a) 20th February where an applicant or a beneficiary has not submitted a claim for compensatory allowances in respect of that year or has not submitted such a claim on or before the date which is the qualifying day for the purposes of those allowances, and
(b) in all other cases, the date which is the qualifying day for the purposes of those allowances;
“reference flock” means—
(a) where the applicant has entered into an agreement with the Secretary of State in accordance with the Sheep Pilot Extensification Scheme, the number of ewes for which the applicant received compensatory allowances for the year immediately before the year in which the applicant entered into that agreement, and
(b) in other cases the smallest of the following, namely—
(i) where an applicant or beneficiary received compensatory allowances in respect of 1994, the number of ewes for which he received the allowances,
(ii) where an applicant or beneficiary received compensatory allowances in respect of the year prior to submission of his application, the number of ewes for which he received the allowances, and
(iii) where the Secretary of State has notified the applicant of a number of ewes in accordance with paragraph (2), the number of ewes so notified;
“relevant livestock” means cattle, goats, horses, ponies and farmed deer;
“Sheep Pilot Extensification Scheme” means the Sheep Scheme referred to in the booklet “Beef and Sheep Pilot Extensification Schemes” reference EXT 1 issued by the Ministry of Agriculture, Fisheries and Food, the Department of Agriculture and Fisheries for Scotland, the Welsh Office Agriculture Department and the Department of Agriculture for Northern Ireland;
“specified stocking density” means—
(a) in respect of heather moorland 0.15 livestock units per hectare in winter and 0.23 livestock units per hectare in summer;
(b) in respect of grass moorland 0.23 livestock units per hectare in winter and 0.38 livestock units per hectare in summer;
“summer” means the period in any year from 16th March to 14th October inclusive;
“tenant” includes sub-tenant and any person deriving title from the original tenant or sub-tenant;
“unsuitable supplementary feeding methods” means feeding methods which include providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles;
“winter” means the period from 15th October in any year to 15th March in the next year inclusive.
(2) Where the Secretary of State forms the opinion that (taking account of the need to avoid overgrazing) there is a maximum number of ewes which should be grazed on the holding of an applicant, the Secretary of State may notify the applicant of that number.
(3) Any reference in these Regulations to the date of an application is a reference to the date of receipt of that application by the Secretary of State.
(4) Any reference in these Regulations—
(a) to a numbered regulation or “the Schedule” shall be construed as a reference to the regulation so numbered in these Regulations or the Schedule to these Regulations;
(b) to a numbered paragraph is to the paragraph so numbered in the regulation to which the reference occurs.

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Source: https://www.legislation.gov.uk/uksi/1995/1159/regulation/2 (the official version)
Page: https://openlegislation.uk/moorland-livestock-extensification-wales-regulations-1995/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.