The Moorland (Livestock Extensification) Regulations 1995

Restrictions on acceptance of applications

5.—(1) The Minister shall not accept an application unless he is satisfied that, having regard to—

(a) the condition of the eligible moorland on the applicant’s holding;

(b) the management plan or plans which have been proposed in relation to that moorland; and

(c) the right of any other person to use the holding from grazing,

compliance with the undertakings proposed in connection with the application will result in significant environmental benefit for an area of at least 20 hectares of eligible moorland.

(2) The Minister shall not accept an application where he is satisifed that the proposals for reduction in stocking density contained in the application will result in undergrazing of any eligible moorland.

(3) The Minister may refuse an application where he is satisifed that the applicant is or is likely to be, for the whole or any part of the extensification period, unable to comply with the extensification obligations.

(4) The Minister shall not accept an application from a tenant to undertake extensification obligations in relation to any land unless he is satisified that the tenant has notified the landlord of that land in writing of his intention to make the application.

(5) The Minister may refuse to accept an application to undertake extensificiation obligations where he is satisified that—

(a) the implementation of any part of those undertakings would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Community; or

(b) the payment of aid under these Regulations would duplicate any assistance previously given or to be given out of money provided by Parliament or by the European Community.