The Beef Special Premium Regulations 1996

Overgrazing

11.—(1) Subject to paragraph (2), where in the calendar year preceding any Scheme year the appropriate Minister forms the opinion that any parcel of land is being overgrazed that Minister may notify the occupier of the maximum number of 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 beasts 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 Minister may in the caledar year preceding any Scheme year issue a notification under paragraph (1) even where there is no evidence that the parcel of land to which it relates is being overgrazed if he has previously made such a notification in respect of that parcel having formed the opinion that it was being overgrazed.

(3) Where the appropriate Minister has made a notification under paragraph (1) no Community premium shall be paid in respect of the Scheme year for which it was issued on any number of animals grazed and maintained in that Scheme year on the parcel of land to which the notification relates in excess of the maximum number of animals specified in the notification.

(4) Where the appropriate Minister has made a notification under paragraph (1) and is satisfied that–

(a) any condition specified in that notification has been breached; or

(b) more 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,

he may withhold or recover on demand the whole or any part of the Community 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.