The Land in Care Scheme (Tir Gofal) (Wales) Regulations 1999

Power to enter into agreements

3.—(1) In any case where the Countryside Council is of the opinion that, in relation to any land, the following of the general environmental conditions and the carrying out of activities by any person who has an interest in that land would be conducive to the specified purposes, that body may, subject to paragraphs (6) and (7) below, enter into a Tir Gofal agreement with that person.

(2) In this regulation “the other party” means a person within the description in paragraph (1), being the particular person in the case in question.

(3) For the purposes of paragraph (1) above, a Tir Gofal agreement means an agreement which remains in force for a term specified in the agreement, provides for the other party to follow the general environmental conditions and to carry out the activities in question in relation to the agreement land and requires the Countryside Council to make payments of aid to the other party in respect of the following of the general environmental conditions and the carrying out of those activities on that land.

(4) A Tir Gofal agreement–

(a) shall include provision that the other party must follow, in relation to the whole of the agreement land, the general environmental conditions;

(b) shall include provision that the other party shall carry out on the agreement land the management activities specified in an entry in column 1 of Schedule 2 insofar as the habitats relevant to those activities exist on the agreement land;

(c) shall, if both the Countryside Council and the other party so wish, include provision that the other party shall carry out one or more of the activities referred to in paragraph (5);

(d) shall, in relation to the general environmental conditions and the activities referred to in subparagraphs (b) and (c) , require or enable the Countryside Council to make payments of aid at the rates referred to in regulation 9; and

(e) may include provision for the carrying out by the other party of a special project activity and for requiring or enabling the Countryside Council to make payments of aid for such an activity.

(5) The activities mentioned in subparagraph (4)(c) of this regulation are–

(a) the management activities specified in an entry in column 1 of Schedule 3 to be carried out on any part of the agreement land; and

(b) the capital activities specified in an entry in column 1 of Schedule 4 to be carried out on any part of the agreement land.

(6) The Countryside Council shall not enter into any Tir Gofal agreement in circumstances to which Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement) applies unless it is satisfied that the conditions set out in that Article are fulfilled.

(7) The Countryside Council shall not enter into any Tir Gofal agreement unless the amount of land subject to that agreement comprises more that 3 hectares.