Regulation 40 F1

(1)

The Department shall carry out administrative controls in respect of all applications for authorisation for the assessment of compliance with the conditions set out in Schedule 8.

(2)

The Department shall refuse a derogation application as follows—

(a)

where it is demonstrated that those conditions are not fulfilled, the Department shall refuse the application within a period of 28 days from the date specified by the Department in accordance with regulation 39(1) and the applicant shall be informed of the reasons for refusal, but;

(b)

where the Department has not notified the applicant of a refusal within the period mentioned in sub-paragraph (a), the derogation shall be deemed to have been granted.

(3)

Where it is established that in any year, a grassland holding covered by an authorisation did not fulfil the conditions set out in Schedule 8, the controller commits an offence and shall not be eligible for an authorisation the following year.

(4)

The controller may appeal the decision by the Department in relation to a refusal under paragraph (2) or in relation to an authorisation under paragraph (3) in accordance with the procedure set out in regulation 31.

(5)

Where the derogation has been granted or deemed to have been granted, the controller shall prepare and retain a fertilisation plan.

Annotations

Textual amendments

F1: Pt. 10 inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 16