The Habitat (Salt-Marsh) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These regulations implement in part Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p.85) on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside.

The Regulations, which apply to England, provide for payment of aid to eligible persons, who as regards an area of eligible land (as defined in regulation 2(1)) undertake for a period of 20 years not to use that land for agricultural production and to manage it with the objective of establishing an area of salt-marsh in accordance with the requirements set out in the Schedule to the Regulations (regulation 3).

Applications for aid must include details such as a map of the eligible land (regulation 4) and restrictions on the acceptance of applications in certain circumstances are set out (regulation 5).

Provision is made for a new occupier of land to receive aid in place of the original occupier upon the Minister’s acceptance of his undertaking to comply with the obligations undertaken by the original occupier for the remainder of the management period (as defined in regulation 2(1)) (regulation 6).

Aid is payable annually and the rates are set out (regulation 7).

The Regulations also—

(a) provide for an obligation to permit entry and inspection (regulation 9);

(b) provide for withholding of aid and recovery and termination (regulation 10); and

(c) create an offence, punishable on summary conviction with a maximum fine not exceeding level 5 on the standard scale, of knowingly or recklessly making a false statement in order to obtain aid (regulation 11).