Hill Farming Act 1946

21 Avoidance or relaxation of covenants against heather and grass burning in England and Wales

(1) Where- a lease of land in England or Wales contains a covenant, condition or agreement whereby the burning of heather or grass by the tenant is prohibited or restricted, the Minister of Agriculture and Fisheries, after affording to the landlord and to any other person who appears to him to be concerned an opportunity of making representations and, if so required by the landlord or that other person, of being heard, may, if it appears to the Minister that the covenant, condition or agreement is preventing or impeding the proper use for agricultural purposes of the land comprised in the lease or any of that land and that it is expedient in all the circumstances so to do, give such directions for avoiding or relaxing the covenant, condition or agreement, as he thinks fit.

(2) This section applies to leases made before or after the commencement of this Act and shall have effect notwithstanding any stipulation to the contrary.

(3) In this section the expressions " landlord ", " tenant " and " lease " have the meanings assigned to them respectively by the [17 & 18 Geo. 5. c. 36.] Landlord and Tenant Act, 1927.