Paragraph 3

Unimproved land:

In Part I of this Schedule–

• “AAPS eligible land” means land which is “eligible land” within the meaning of the Arable Area Payments Regulations 1996^f1, other than managed land;

• “heath” means an area of grass, shrubs or trees on acidic, sandy soil;

• “managed land” means any land which, at the time that an application is made in respect of that land, is subject to an agreement by which the applicant has agreed to manage the land and not to apply over a period of five years more than the respective maximum quantities of inorganic fertilisers and of organic fertilisers;

• “the maximum quantities”, in relation to inorganic fertilisers, means, in the case of nitrogen, 75 kilograms per hectare, in the case of the phosphate fertiliser P₂O₅, 35 kilograms per hectare, and, in the case of the potassium fertiliser K₂O, 35 kilograms per hectare, and, in relation to organic fertilisers, means 25 tonnes per hectare;

• “moorland” means land covered by semi-natural upland vegetation;

• “other improved land” means any land other than AAPS eligible land, land planted to permanent crops or unimproved land;

• “permanent crops” means any crops which occupy the soil for a period of five years or more and yield crops over several years; and

• “unimproved land” means–

  1. (a)

     moorland and heath; and

  2. (b)

     other land used for grazing–

     1. (i)

        which in the five years preceding 6th April 1999 has received total applications of less than the respective maximum quantities of inorganic fertilisers and less than the maximum quantities of organic fertilisers, and which is not AAPS eligible land; or

     2. (ii)

        which, at the time that an application is made, is managed land.