The Set-Aside (Amendment) Regulations 1990

Requirements in relation to use for fallow

8.  For regulation 7 of the principal Regulations there shall be substituted the following regulation:

“7.— (1) A beneficiary whose undertaking takes effect on or after 1st October 1990 or who, in accordance with regulation 10, terminates part of the undertakings given by him shall observe in relation to any land which he has undertaken to set aside for permanent fallow or rotational fallow the requirements set out in paragraphs 1(a), 2, 3, 4(a) and 5 to 14 of Schedule 2.

(2) A beneficiary whose undertaking takes effect before 1st October 1990 may elect before 1st October 1990 to observe in relation to any land which he has undertaken to set aside for permanent fallow or rotational fallow the requirements set out in paragraphs 1(a), 2, 3, 4(a) and 5 to 14 of Schedule 2 but shall, if he does not so elect, observe in relation to that land the requirements set out in paragraphs 1(b), 2, 3, 4(b), 5 to 12, 13 in so far as it relates to the features listed in sub-paragraphs (a) and (b), and 14 of Schedule 2.

(3) Where any set-aside land is used for rotational fallow, the beneficiary shall, before 1st October in each year of the set-aside period, notify the appropriate Minister of the location of the area of set-aside land to be used for that purpose in that year.

(4) Where a beneficiary has undertaken to use any set-aside land for rotational fallow, and provided that he observes the requirements set out in paragraphs 1(a), 2, 3, 4(a) and 5 to 14 of Schedule 2–

(a) subject to sub-paragraph (b), he may in any year alter the area of the land which he undertook to set aside for rotational fallow if the amount by which he increases or reduces that area does not:

(i) exceed 10 per cent of the area of land which he undertook to set aside for rotational fallow, or

(ii) reduce the area of set-aside land below 20 per cent of the relevant arable land on the holding in the reference period or increase the said area above that which is equal in size to such relevant arable land; and

(b) he may only reduce the area of the land which he undertook to set aside for rotational fallow if he has in any previous year increased the area of land which he undertook to set aside for rotational fallow by at least that same amount.

(5) Where any set-aside land is used for grazed fallow, the beneficiary shall observe in relation to that land the requirements set out in Schedule 3.”.