# Suckler Cow Premium Regulations 2001, Regulation 5: Overgrazing

Extent: E+W+S+NI

(1) Subject to paragraph (2) below, where, in the year preceding the opening date for submitting claims for premium in respect of any given scheme year, the appropriate authority forms the opinion that any parcel of land is being overgrazed, that authority may notify the occupier of the maximum number of premium animals which may be grazed and maintained on that parcel in that scheme year, which number shall be determined by taking account of the number of other animals (expressed in terms of livestock units) likely to be grazed and maintained on the parcel concerned in the scheme year in question and having regard to such conditions as may be specified in the notification.
(2) The appropriate authority may in the year preceding the opening date for submitting claims for premium in respect of any given scheme year issue a notification under paragraph (1) above even where there is no evidence that the parcel of land to which it relates is being overgrazed if that authority has previously made such a notification under paragraph (1) or any of the provisions specified in paragraph (5) in respect of that parcel having formed the opinion that it was being overgrazed.
(3) Where the appropriate authority has made a notification under paragraph (1) or any of the provisions specified in paragraph (5), no premium shall be paid in respect of the scheme year for which it was issued on any number of premium animals grazed and maintained in that scheme year on the parcel of land to which it relates in excess of the maximum number of such animals specified in it.
(4) Where the appropriate authority has made a notification under paragraph (1) above and is satisfied that—
(a) any condition specified in that notification has been breached; or
(b) more premium animals than the maximum number specified in the notification have been grazed and maintained on the parcel of land to which it relates in the scheme year for which it was issued, that authority may withhold or recover on demand the whole or any part of the premium otherwise payable or as the case may be already paid to the recipient of the notification for the scheme year to which it relates.
(5) The provisions referred to in paragraphs (2) and (3) are—
(a) regulation 3A of the Suckler Cow Premium Regulations 1993;
(b) regulation 11 of the Beef Special Premium Scheme Regulations 1996;
(c) where the Minister is the appropriate authority, regulation 8 of the Slaughter Premium Regulations 2000;
(d) where the National Assembly is the appropriate authority, regulation 8 of the Slaughter Premium (Wales) Regulations 2001;
(e) regulation 3A of the Sheep Annual Premium Regulations 1992; and
(f) regulation 10 of the Hill Livestock (Compensatory Allowances) Regulations 1999.

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Source: https://www.legislation.gov.uk/uksi/2001/1370/regulation/5 (the official version)
Page: https://openlegislation.uk/suckler-cow-premium-regulations-2001/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.