Suckler Cow Premium Regulations (Northern Ireland) 2001

Overgrazing

5.—(1) Subject to paragraph (2), where, in the year preceding the opening date for submitting claims for premium in respect of any given scheme year, the Department forms the opinion that any parcel of land is being overgrazed, it may notify the occupier of the maximum number of premium animals which may be grazed and maintained on that parcel in that scheme year, which number shall be determined by taking account of the number of other animals (expressed in terms of livestock units) likely to be grazed and maintained on the parcel concerned in the scheme year in question and having regard to such conditions as may be specified in the notification.

(2) The Department may in the year preceding the opening date for submitting claims for premium in respect of any given scheme year issue a notification under paragraph (1) even where there is no evidence that the parcel of land to which it relates is being overgrazed if the Department has previously made such notification under paragraph (1) or any of the provisions specified in paragraph (5) in respect of that parcel having formed the opinion that it was being overgrazed.

(3) Where the Department has made a notification under paragraph (1) or any of the provisions specified in paragraph (5), no premium shall be paid in respect of the scheme year for which it was issued on any number of premium animals grazed and maintained in that scheme year on the parcel of land to which it relates in excess of the maximum number of such animals specified in it.

(4) Where the Department has made a notification under paragraph (1) and is satisfied that—

(a) any condition specified in that notification has been breached; or

(b) more premium animals than the maximum number specified in the notification have been grazed and maintained on the parcel of land to which it relates in the scheme year for which it was issued,

the Department may withhold or recover on demand the whole or any part of the premium otherwise payable or, as the case may be, already paid to the recipient of the notification for the scheme year to which it relates.

(5) The provisions referred to in paragraphs (2) and (3) are—

(a) regulation 3A of the Suckler Cow Premium Regulations (Northern Ireland) 1993(1);

(b) regulation 10 of the Beef Special Premium (Protection of Payments) Regulations (Northern Ireland)1996(2);

(c) regulation 3A of the Sheep Annual Premium Regulations (Northern Ireland) 1992(3);

(d) regulation 8 of the Slaughter Premium Regulations (Northern Ireland) 2001(4);

(e) regulation 10 of the Hill Livestock (Compensatory Allowances) Regulations (Northern Ireland) 1999(5); and

(f) regulation 7 of the Beef Special Premium Regulations (Northern Ireland) 2001(6).

(1)

S.R. 1993 No. 280 as amended by S.R. 1994 No. 211, S.R. 1995 No. 246, S.R. 1996 No. 229 and S.R. 1997 No. 53

(2)

S.R. 1996 No.611

(3)

S.R. 1992 No. 476 as amended by S.R. 1994 No.404, S.R. 1995 No. 403, S.R.1996 No. 497, S.R. 1997 No. 485, S.R. 1999 No. 457 and S.R. 2000 No. 301

(4)

S.R. 2001 No. 199

(5)

S.R. 1999 No. 497

(6)

S.R. 2001 No. 363