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10. A farmer may apply any herbicide to set-aside land—
(a)where the Minister is satisfied that such application is necessary to control a serious infestation of weeds or pests or the spread of any disease and any green cover is replaced following the application in accordance with paragraph 3(c) above; or
(b)in order to create or maintain a bare fallow strip permitted under paragraph 1(4) above, provided that the farmer obtains the prior consent of the Minister to such application, which consent shall only be given where she is satisfied that the application of herbicides in accordance with paragraph 9(b)(iii) above has not been effective to maintain that fallow strip.
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