The Arable Area Payments Regulations 1994

Regulation 8(3)

SCHEDULE 3 REQUIREMENTS IN RELATION TO LAND SET ASIDE FOR THE PROVISION OF SPECIFIED RAW MATERIALS

1.  A farmer shall not damage, destroy or remove—

(a) any existing hedge or row of trees (including hedgerow trees),

(b) any existing lake, loch, ditch, watercourse, pond or pool,

(c) any existing vernacular building or stone wall; or

(d) any archaeological feature,

which is situated on or adjacent to the set-aside land unless he satisfies the Minister either that it should be damaged, destroyed or removed for environmental or for safety reasons or that he is obliged to damage, destroy or remove it to comply with a legal requirement.

2.  A farmer shall not adjust or annul any contract relating to that land, submitted to the Minister in accordance with Article 6(1) of Commission Regulation 334/93, pursuant to Article 7(2) of that Regulation, unless he has notified the Minister of the proposed adjustment or annulment, and the collector or processor with whom the contract was made has similarly notified the Intervention Board for Agricultural Produce, at least 10 working days before such adjustment or annulment takes effect.

3.  Where as a result of such adjustment or annulment any land set aside for the provision of specified raw materials is no longer to be used for such provision, the farmer shall—

(a) dispose of any crop remaining on the land by a method which the Minister is satisfied will result in its destruction; and

(b) subject to paragraph 4 below, establish a green cover on the land in accordance with Schedule 2 of these Regulations.

4.  The Minister may grant the farmer an exemption from the requirement to establish a green cover pursuant to paragraph 3(b) above where she considers that to require the establishment of a green cover would be unreasonable having regard to the date on which the contract was adjusted or annulled in accordance with paragraph 2 above.