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Permanent pasture

5.—(1) If it is established that the ratio in Article 3(1) of the Commission Regulation is decreasing, the Secretary of State shall prohibit farmers from converting land under permanent pasture, in accordance with Article 4(1) of that Regulation.

(2) If it is established that the obligation in Article 3(2) of the Commission Regulation cannot otherwise be met, the Secretary of State shall oblige farmers to reconvert land to permanent pasture in accordance with Article 4(2) of that Regulation.

(3) But the Secretary of State must not—

(a)prohibit a farmer from converting land under permanent pasture where the farmer turned that land into permanent pasture in the circumstance mentioned in Article 4(3) of the Commission Regulation, or

(b)require a farmer to reconvert land where the farmer turned that land into permanent pasture in the circumstance mentioned in Article 4(3) of the Commission Regulation and later converted it out of permanent pasture.