The Countryside Access 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 for the protection of the environment and maintenance of the countryside.

The Regulations, which apply to England and Wales, provide for the payment of aid to farmers who undertake for five years from 15 January following acceptance of their application to permit members of the public to have access to an area of set-aside land, referred to in the Regulations as the “access area”, for the purposes of quiet recreation, and to manage it in accordance with the requirements set out in the Schedule to the Regulations (regulation 3).

Requirements in relation to the access area are set out (regulation 4).

Applications for aid must include a map identifying certain details (regulation 5) and restrictions on the acceptance of applications in certain circumstances are set out (regulation 6).

Provision is made for a new occupier to receive aid in place of the original occupier upon the Minister’s acceptance of his undertaking to comply with the access obligations undertaken by the original occupier for the remainder of the access period (as defined in regulation 2(1)) (regulation 7).

Aid is payable annually in arrears in five instalments and the rates of payment are set out (regulation 8).

The Regulations also—

(a) provide for an obligation to permit entry and inspection (regulation 10);

(b) provide for withholding and recovery of aid and termination (regulation 11);

(c) create an offence, punishable on summary conviction with a fine not exceeding level 5 on the standard scale, of knowingly or recklessly making a false statement in order to obtain aid (regulation 12).