The Countryside Access Regulations 1994

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“access area” means the area of land in relation to which the beneficiary assumes access obligations under the provisions of these Regulations;

“access obligations” means the obligations assumed by the beneficiary by virtue of the undertakings referred to in regulation 3 or 7;

“access period”, in relation to an application accepted by the Minister, means the period of 5 consecutive years commencing on 15th January of the year in which that date first occurs after the date of acceptance of that application;

“access route” shall be construed in accordance with regulation 4(a);

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping and freshwater fish farming, the use of land as grazing land, meadow land, osier land, reed beds, market gardens and nursery grounds, and “agricultural” shall be construed accordingly;

“application” means an application for aid under regulation 5 and “applicant” shall be construed accordingly;

“beneficiary” means a person whose application has been accepted;

“holding” means land which is occupied as a unit for agricultural purposes;

“landlord” means, in relation to a tenant of any land, any person who either solely or jointly owns or has a superior tenancy of that land, and from or under whom the tenant directly derives his title;

“landscape feature” includes the sea, an area of woodland or a watercourse;

“the Minister” means—

(a)

in relation to England, the Minister of Agriculture, Fisheries and Food;

(b)

in relation to Wales, the Secretary of State;

“open field site” means any land comprising an access area other than an access route;

“quiet recreation” includes walking, viewing and picnicking;

“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;

“set-aside” means set-aside in accordance with the provisions of Council Regulation (EEC) No. 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops(1), Council Regulation (EEC) No. 1541/93 of 14 June 1993 fixing the non-rotational set-aside rate referred to in Article 7 of Regulation (EEC) No. 1765/92(2), Council Regulation (EC) No. 231/94 of 24 January 1994 amending Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops(3) and Article 5(1) of Commission Regulation (EC) No. 762/94 laying down detailed rules for the application of Council Regulation (EEC) No. 1765/92 with regard to set-aside(4);

“tenant” means a person who occupies land—

(a)

under an agreement for the letting of land for a tenancy from year to year;

(b)

under an agreement which has effect by virtue of section 2(1) or 3(1) of the Agricultural Holdings Act 1986(5) as an agreement for the letting of land for a tenancy from year to year; or

(c)

under an agreement for the letting of land for a tenancy for a fixed term of years of which at least 5 years remain unexpired at the commencement of the access period;

“wildlife” means—

(a)

any animal species (other than a species of bird) which is ordinarily resident in England or Wales in a wild state;

(b)

any species of bird which is ordinarily resident or is a visitor to England or Wales in a wild state; and

(c)

any species of plant which ordinarily grows in England or Wales in a wild state.

(2) Any reference in these Regulations to a numbered regulation or “the Schedule” shall be construed as a reference to the regulation so numbered in these Regulations or the Schedule to these Regulations.

(1)

OJ No. L181, 1.7.92, p.12.

(2)

OJ No. L154, 25.6.93, p.1.

(3)

OJ No. L30, 3.2.94, p.2.

(4)

OJ No. L90, 7.4.94, p.8.

(5)

1986 c. 5.