Regulation 9 Grazed fallow

After regulation 7 of the principal Regulations there shall be inserted the following regulation:

“7A

(1)

Subject to paragraph (4) below, where a beneficiary uses set-aside land for grazed fallow he shall not allow the number of livestock units on his holding to exceed the maximum number of livestock units in the reference period on the holding of which the set-aside land formed part.

(2)

Subject to paragraph (4) below, where livestock were not kept in the reference period on the holding of which the set-aside land formed part, the beneficiary shall only use the fallow land on that set-aside land for grazed fallow for deer or goats, and he shall not allow the number of livestock units on his holding to exceed the number of livestock units representing one livestock unit per hectare of the forage area of his holding.

(3)

Subject to paragraph (4) below, except where the beneficiary’s holding is identical to that of which the set-aside land referred to in paragraph (1) above formed part, where that holding comprises a greater or lesser forage area than the forage area of the holding referred to in that paragraph, for the purposes of paragraph (1) above, the maximum number of livestock units in the reference period on the holding of which the set-aside land formed part shall be deemed to bear the same proportion to the total number of livestock units on that holding in the reference period as the forage area of the beneficiary’s holding at the time he gives his undertaking to set aside land for grazed fallow bears to the forage area in the reference period of the holding of which the set-aside land formed part.

(4)

Where a beneficiary enlarges his holding by the acquisition of arable land or temporary grassland which was arable land in the reference period, and

(a)

(i)

already uses for grazed fallow set-aside land forming part or all of a holding on which livestock were kept in the reference period; and

(ii)

undertakes to set aside an area of that acquired land for grazed fallow, where such land forms part or all of a holding on which no livestock were kept in the reference period; or

(b)

(i)

already uses for grazed fallow set-aside land forming part or all of a holding on which no livestock were kept in the reference period; and

(ii)

undertakes to set aside an area of that acquired land for grazed fallow, where such land forms part or all of a holding on which livestock were kept in the reference period,

if he uses his holding for the grazing of only deer or goats, he shall not allow to be grazed on that holding more than the sum of:

(i)

the number of livestock units in the reference period on the holding of which the set-aside land formed part; and

(ii)

the number of livestock units representing one livestock unit per hectare of the forage area of the acquired land; but

if he uses his holding for the grazing of livestock (other than exclusively deer or goats), he shall not allow to be grazed on that holding more than the number of livestock units in the reference period on the land forming part or all of the holding on which livestock were kept in the reference period.

(5)

For the purposes of this regulation–

(a)

“his holding” means all the land occupied by the beneficiary as a unit at the time he gave his undertaking to set aside land for grazed fallow, together with any land subsequently acquired by him; and

(b)

the equivalent in livestock units of an animal of the type described in the first column of Schedule 4 shall be the number specified in the second column of that Schedule.”.