Restrictions on acceptance of applications
5.—(1) The appropriate Minister shall not approve an application to enter this Scheme which relates to land which—
(a)is registered as common land pursuant to the Commons Registration Act 1965(1);
(b)forms part of a nature reserve;
(c)was, in the opinion of the appropriate Minister, planted with woodlands to an appreciable degree before the plan of operations relating to that land was approved;
(d)is occupied by a lessee unless the owner of that land has given his consent in writing to the occupier’s participation in the Scheme.
(2) The appropriate Minister may refuse an application to enter this Scheme which relates to land—
(a)in respect of which the payment of grant under this Scheme appears to that Minister to frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Economic Community;
(b)which is occupied by a person who has been accepted as an initial entrant in relation to other land within three years of the coming into force of this Scheme.
(3) For the purposes of sub-paragraph (1)(d) above, where land is occupied by a sub-tenant “owner” includes a superior tenant.