The Areas of Natural Constraint Regulations (Northern Ireland) 2018

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) applies to these Regulations as it applies to an Act of the Assembly.

(2) In these Regulations—

“active farmer” has the same meaning as it has in Article 9 of the Direct Payment Regulation;

“agriculture” means horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and includes the use of woodland provided that use is ancillary to the use of the land for other agricultural purposes; and “agricultural” shall be construed accordingly;

“ANC allowance” means a payment made by the Department under Article 31(5) of the Rural Development Regulation and in accordance with Measure 13 as described in the Northern Ireland Rural Development Programme 2014 - 2020(2);

“authorised person” means any person who is authorised by the Department, either generally or specifically, to act in relation to matters arising under these Regulations, whether or not the authorised person is an officer of the Department;

“beneficiary” means a person who has received payment for ANC allowance;

“breeding female deer” means a female of the Red, Fallow or Sika species that is at least a six months old breeding female managed on a forage area of a holding enclosed by a deer-proof barrier and which is kept by way of business for the primary purpose of the production of meat;

“breeding female goat” means a female of the caprine species that is at least a one year old breeding female which is kept by way of business for the primary purpose of the production of milk or fibre;

“claim” means a claim for an ANC allowance;

“claimant” means a person who has made a claim;

“common land” means land the grazing of animals on which is shared between two or more holdings;

“deer-proof barrier” means a barrier which will, to the satisfaction of the Department, and having regard to the character and nature of the land, prevent the escape of deer from or, as the case may be, the entry of deer on to any land;

“the Department” means the Department of Agriculture, Environment and Rural Affairs;

“designated map” means the map marked “Map of less-favoured farming areas in Northern Ireland”, dated 8th May 1991, signed by the Secretary of State for Northern Ireland and deposited at the Offices of the Department at Dundonald House, Upper Newtownards Road, Ballymiscaw, Belfast BT4 3SB;

“the Direct Payment Regulation” means Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No. 637/2008 and Council Regulation (EC) No. 73/2009(3)

“eligible dairy stocking unit” means a dairy breed cow that has calved at least once or any female dairy breed animal of at least 30 months which is not recorded as having calved;

“ewe” means any female of the ovine species having lambed at least once or that is at least one year old;

“forage area” means the area of the holding, including common land, situated in Northern Ireland, available to the claimant throughout the minimum grazing period and used for rearing livestock, including areas used to produce grass hay, grass silage, sainfoin, clover, lucerne and forage vetches, but not including buildings, ponds, paths and woods, other than land used for woodlands where that use is ancillary to the use of land for other agricultural purposes;

“heifer” means a female beef breed bovine from the age of eight months which has not yet calved;

“holding” has the meaning given by Article 4 (1) (b) of the Direct Payment Regulation;

“the Horizontal Delegated Regulation” means Commission Delegated Regulation (EU) No. 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance(4);

“the Horizontal Implementing Regulation” means Commission Implementing Regulation (EU) No. 809/2014 laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the council with regard to the integrated administration and control system, rural development measures and cross compliance(5);

“the Horizontal Regulation” means Regulation (EU) No. 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy(6);

“keeper” has—

(a)

in relation to the keeping of suckler cows, heifers and eligible dairy stock, the meaning given by Council Regulation (EC) No 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products(7);

(b)

in relation to the keeping of sheep and goats, the meaning given by Council Regulation (EC) No 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC(8) as amended by Commission Regulation (EC) No 759/2009(9);

“livestock unit” means a unit of measurement of livestock numbers, and each of the following constitutes a single livestock unit—

(i)

1 suckler cow;

(ii)

1 heifer aged over 24 months;

(iii)

1.67 heifers aged between 8 months and 24 months;

(iv)

6.67 ewes;

(v)

6.67 breeding female goats;

(vi)

3.3 breeding female deer aged 27 months and over; or

(vii)

5 breeding female deer aged at least 6 months but less than 27 months;

“minimum grazing period” means the seven month period 1st April to 31st October 2017;

“notional livestock density” means the number of livestock units per hectare of forage area, calculated as a fraction of which the numerator is the number of relevant animals expressed in livestock units and the denominator is the claimant’s forage area expressed in hectares;

“qualifying forage area” means the forage area or, in relation to a claimant in relation to whom regulation 6 applies, such part of the forage area as results from the reductions made to the forage area in accordance with that regulation;

“relevant animals” means—

(a)

the number of suckler cows and heifers for which the claimant is the keeper and which produces the lowest number of livestock units on any one of a number of dates determined by the Department during the minimum grazing period;

(b)

the number of ewes and breeding female goats as declared on the claimant’s single application and accepted by the Department and for which the claimant is the keeper; and

(c)

the number of breeding female deer as declared on the claimant’s single application and accepted by the Department and owned by the claimant and for which the claimant makes the final decisions regarding, and paying for, feeding, bedding, housing and veterinary requirements;

“the Rural Development Regulation” means Regulation (EU) No. 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development(10);

“severely disadvantaged area” means the land shown coloured pink on the designated map;

“single application” means the application for direct payments in respect of the Basic Payment Scheme and other area-related aid schemes;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954;

“suckler cow” means a cow belonging to a beef breed or born of a cross with a beef breed, and belonging to a herd intended for rearing calves for meat production;

(3) Any reference in these Regulations to an EU instrument is a reference to that instrument as amended at the date on which these Regulations are made.

(1)

1954 c.33 (N.I)

(2)

https://www.daera-ni.gov.uk/articles/2014-2020-rural-development-programme

(3)

OJ L 347, 20.12.2013, p. 608

(4)

OJ L 181, 20.6.2014, p. 48

(5)

OJ L 227 31.7.2014, p. 69

(6)

OJ L 347, 20.12.2013, p. 549

(7)

OJ L 117 07.5.1997, p. 1

(8)

OJ L 5 09.01.2004, p. 8

(9)

OJ L 215 20.08.2009, p. 3

(10)

OJ L 347 20.12.2013, p.487