Agriculture Act (Northern Ireland) 1949

19 Directions to secure good husbandry. N.I.

(1) After one month from the service of an improvement notice or, if an appeal has been made to the county court on or after the confirmation or modification of such notice, the Ministry may, from time to time, while such notice continues in force, give to the person appearing to the Ministry to be the occupier of the land to which the notice relates such written directions as the Ministry may consider necessary to secure that the land to which the improvement notice relates is maintained in good condition and farmed in accordance with the rules of good husbandry.

(2) The Ministry shall consider any representations made within reasonable time after the giving of any direction in accordance with the provisions of the preceding sub-section and may confirm, modify or cancel such direction.

(3) Without prejudice to the generality of the provisions of sub-section (1) of this section, a direction under this section may impose requirements, restrictions or prohibitions as to the carrying out of work and may specify the purpose for which and the manner in which the land or any part thereof is to be farmed.

(4) Without prejudice to the generality of the foregoing provisions of this section, directions given by the Ministry in accordance with the provisions of sub-section (1) of this section may relate to—

(a) the manuring, cultivating, cropping, mowing and grazing of agricultural land, including the cutting or removal of weeds, whins, bracken and scrub;

(b) the protection of crops and livestock from disease and from infestation by pests;

(c) the harvesting of crops and the protection and preservation of crops harvested or lifted or in the course of being harvested or lifted;

(d) methods of handling and treatment of produce intended for sale off the land;

(e) the drainage and fencing of the land;

(f) the necessary work of repair and maintenance on the farm.

(5) A direction given under this Part of this Act shall not operate to impose on an occupier of land any obligation to discharge any liability of the Ministry arising under or by virtue of any provision contained in the Drainage Act (Northern Ireland), 1947 [1947 c.9] F1 .

(6) Where the Ministry gives to a person a direction under this Act requiring the ploughing-up of any land consisting of permanent pasture, compliance with the direction shall, notwithstanding the provisions of any lease or agreement affecting the land or any custom, not render the said person liable thereby to sow it again at his own expense, or to pay any sum by way of increased rent, damages or penalty, or to suffer any forfeiture by reason of the ploughing-up or of the failure to sow it again; and for the purposes of any provision of any such lease or agreement as aforesaid or any custom, the land shall thereafter be deemed to be arable land and to have been arable land at all material times.

F1 1973 NI 1