The Arable Area Payments Regulations 1994

Requirements in relation to set-aside land

8.—(1) A farmer shall, subject to paragraphs (3) and (4) below, comply with the requirements set out in Part I of Schedule 2 in relation to his rotational set-aside land, and with the requirements set out in Part II of Schedule 2 in relation to his non-rotational set-aside land.

(2) Part III of Schedule 2 has effect for the purposes of supplementing Parts I and II thereof.

(3) If a farmer uses set-aside land for the provision of specified raw materials he—

(a) shall not be required to comply with any provision of Schedule 2, but

(b) shall comply with the requirements set out in Schedule 3,

in relation to that land.

(4) A farmer shall be exempt from any requirement set out in Schedule 2 or 3 in relation to particular set-aside land, if he satisfies the Minister that he should not be required to comply with it for any of the following reasons:

(a) to facilitate research into the effect of the observance of particular methods of managing set-aside land;

(b) for environmental reasons;

(c) in the case of an educational establishment, to facilitate the fulfilment of its educational purpose;

(d) because during the set-aside period—

(i) a pipeline, cable or pylon is or will be laid through, or constructed on or across, the particular set-aside land and the farmer cannot reasonably prevent that laying or construction, provided that, in the case of land set aside as rotational set-aside land, laying or construction was not already in progress on the date on which the land was set aside;

(ii) maintenance of a pipeline, cable or pylon which the farmer cannot reasonably prevent is or will be carried out on the particular set-aside land; or

(iii) an archaeological excavation is or will be carried out on the particular set-aside land;

(e) for reasons of human or animal health or safety; or

(f) because, at the time at which compliance with that requirement would otherwise be required, it is likely that the cost or difficulty of complying with that requirement would be disproportionately high in comparison with the environmental benefit which compliance with that requirement would yield.

(5) The Minister may specify that any exemption granted pursuant to paragraph (4) above shall be effective only until a date, or the occurrence of a particular event, specified in the exemption.