The Set-Aside Regulations 1988

Restrictions on acceptance of applications for aid

6.—(1) The appropriate Minister shall not accept an application from a tenant who proposes to use any set-aside land for woodland or for non-agricultural purposes unless he is satisfied that that tenant has obtained the consent in writing of the landlord of that land to the making of the application.

(2) The appropriate Minister shall not accept an application from a tenant who proposes to use any set-aside land for permanent fallow or rotational fallow unless he is satisfied that that tenant has notifed the landlord of that land in writing of his intention to make the application.

(3) The appropriate Minister shall not accept an application from any person who proposes to set aside land within a Site of Special Scientific Interest, a National Park or the Broads, unless he is satisfied that that person has notified the Nature Conservancy Council, the National Park Authority or the Broads Authority, respectively, in writing of his intention to make the application.

(4) The appropriate Minister shall not accept an application from any person who proposes to use more than 0.25 hectares of set-aside land for woodland unless that person either—

(a) has submitted an application to the Forestry Commissioners under the Woodland Grant Scheme for a grant for the planting of woodland on that land; or

(b) has submitted an application to the appropriate Minister for grant in relation to that land under the Farm Woodland Scheme 1988(1).

(5) The appropriate Minister may refuse to accept an application where he is satisfied that—

(a) the set aside of any land or the use of any set-aside land in accordance with the proposals contained in that application would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or by the European Economic Community;

(b) payment of aid under these Regulations in respect of any land which an applicant proposes to set aside would duplicate any assistance previously given or to be given out of money provided by Parliament or by the European Economic Community.

(1)

S.I. 1988/1291.