The Areas of Natural Constraint Regulations (Northern Ireland) 2017

The Interpretation Act (Northern Ireland) 1954 M3 applies to these Regulations as it applies to an Act of the Assembly.

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 M4;

• “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. 73/2009M5

• “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 M6;

• “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 M7;

• “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 M8;

• “keeper” has—

  1. 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 M9;

  2. 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/EECM10 as amended by Commission Regulation (EC) No 759/2009M11;

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

  1. i

     1 suckler cow aged over 24 months;

  2. ii

     1 heifer aged over 24 months;

  3. iii

     1.67 heifers aged between 8 months and 24 months;

  4. iv

     6.67 ewes;

  5. v

     6.67 breeding female goats;

  6. vi

     3.3 breeding female deer aged 27 months and over; or

  7. 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 2016;

• “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—

  1. 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;

  2. 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

  3. 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 M12;

• “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;

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.

The Department may determine that a notional livestock density of less than 0.2 is sufficient to meet the eligibility requirement for the purposes of paragraph (1)(c) if it is reasonably satisfied that it is appropriate to do so in all the circumstances of the case, having regard, in particular, to the sensitivity of the land in question to a stocking density of more than 0.2 and any obligation of the claimant under or in pursuance of any statutory provision in relation to the maintenance of a stocking density of less than 0.2.

For the purposes of calculating notional livestock density in any case the number of heifers to be taken into account shall not exceed a number equal to two thirds of the number of suckler cows.

A claimant shall provide such information as the Department may reasonably require to enable it to make a determination under paragraph (2).

Article 13 of the Horizontal Delegated Regulation (late submission) applies to a claim made in a single application submitted after 15th May 2016.

For the purpose of determining the qualifying forage area, a claimant's forage area shall be reduced by 1 hectare for every 1.71 of the average number of eligible dairy stocking units for which the claimant is the keeper over a number of dates determined by the Department during the minimum grazing period.

Where paragraph (1) applies, the reduction in the forage area shall first be applied to that part of the forage area which is not within the severely disadvantaged area, followed by the part within the severely disadvantaged area.

Where the Department exercises the power conferred by regulation 10(b), it may also recover on demand interest on the sum to be recovered in respect of each day of the period referred to in Article 7(2) of the Horizontal Implementing Regulation, and the rate of interest applicable on any day shall be one percentage point above the Bank of England base rate.

For the purposes of this regulation, interest shall be charged from the payment deadline as recorded in the recovery notice issued by the Department.

For the purposes of paragraph (3), the payment deadline shall be set at 60 days from the date of the recovery notice issued by the Department.

In any proceedings relating to this regulation, a certificate of the Department stating the Bank of England base rate applicable during the period specified in the certificate shall be conclusive evidence of the rate applicable in the specified period if the certificate also states that the Bank of England notified the Department of that rate.

A claimant or beneficiary and any employee, servant or agent of such claimant or beneficiary, shall give an authorised person all reasonable assistance in relation to the exercise of the authorised person's powers under paragraph (1).

Paragraph (1) applies in relation to a person referred to in regulation 14(4)(b) when such person is acting under the instructions of an authorised person, as if such a person were an authorised person.

Nothing in paragraph 1(b) shall be construed as requiring a person to answer any question if to do so might incriminate the person.

A person guilty of an offence under paragraph (1)(a) or (b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Notwithstanding anything in Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981, proceedings for an offence under paragraph (1) which is triable only summarily may be brought at any time within six months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the prosecutor's knowledge; but no such proceedings shall be brought by virtue of this paragraph more than two years after the date of the commission of the offence.

For the purposes of paragraph (5), a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to their knowledge is conclusive of that fact.

Proceedings for an offence under regulation 16 alleged to have been committed by a partnership or an unincorporated association shall be brought in the name of the partnership or association, and not in the name of any of the partners or members.

A fine imposed on a partnership or an unincorporated association on its conviction of an offence is to be paid out of the funds of the partnership or association.

For the purposes of these Regulations, section 20(2) of the Interpretation Act (Northern Ireland) 1954 applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts and omissions of a member in connection with the member's functions of management as if the member were a director of the body corporate.

Subject to paragraph (2), the Areas of Natural Constraint Regulations (Northern Ireland) 2016 (“the 2016 Regulations”) are revoked.