Article 5 Conditions of entry into an agreement
Subject to paragraphs (3), (4) and (6) the Minister shall not enter into a basic scheme agreement except in respect of all the land in a nitrate sensitive area occupied by a farmer, or on his behalf, for agricultural purposes.
The Minister shall not enter into a premium scheme agreement in respect of any land unless that land is the subject of a basic scheme agreement and has been arable land continuously since 31st July 1989.
The Minister may enter into an agreement with a landlord and his tenant notwithstanding the fact that the land is not occupied by the landlord or on his behalf for agricultural purposes.
The Minister may enter into an agreement with a farmer in respect of land in a nitrate sensitive area–
of which the farmer has the freehold interest; or
which the farmer holds under a tenancy from a landlord who has given his consent in writing to the making of an agreement,
although that farmer has other land in that nitrate sensitive area which he holds under a tenancy from a landlord who has not given his consent in writing to the making of an agreement.
The Minister shall not enter into a premium scheme agreement in respect of a strip of land unless such strip is at least 15 metres wide.
The Minister may refuse to enter into an agreement if he is satisfied that the farmer will be unable to comply with such agreement throughout the whole of its duration but he may enter into an agreement in respect of that part of the farmer’s land in a nitrate sensitive area on which the farmer will be able to comply with such agreement throughout the whole of its duration.
A farmer who enters into a premium scheme agreement and agrees to comply with the obligations listed in Option D in Schedule 2 but whose application to enter the Farm Woodland Scheme 1988 is rejected shall, on receipt of written notice of such rejection, notify the Minister with which of the Options A, B or C in that Schedule he will instead comply, and he shall receive payments in respect of the Option so notified in respect of the period of the agreement.
The Minister may refuse to enter into an agreement if he is satisfied that any payment under this Order would duplicate any assistance previously given or to be given out of money provided by Parliament or by the European Economic Community.