The Hill Livestock (Compensatory Allowances) (Scotland) Regulations 1999

Overgrazing

10.—(1) Subject to paragraph (4), where in the year preceding the opening date for lodging claims pursuant to regulation 10(1), the appropriate authority formed the opinion that any parcel of land was being overgrazed, it may notify the occupier of the maximum number of breeding cows which may be grazed and maintained on that parcel in the Scheme Year.

(2) Subject to paragraph (4), where in the year preceding the opening date for lodging claims pursuant to regulation 10(2), the appropriate authority formed the opinion that any parcel of land is being overgrazed, it may notify the occupier of the maximum number of ewes which may be grazed and maintained on that parcel in the Scheme Year.

(3) The maximum numbers referred to in paragraph (1) and (2) shall in such case be determined by taking account of the number of other animals likely to be grazed and maintained on the parcel concerned in the Scheme Year and having regard to such conditions as may be specified in the notification.

(4) The appropriate authority may issue a notification under paragraph (1) or (2) even where there is no evidence that the parcel of land to which it relates is being overgrazed if he has previously made such a notification in respect of that parcel having formed the opinion that it was being overgrazed.

(5) Where the appropriate authority has made a notification under paragraph (1) or (2), no compensatory allowance shall be paid in respect of the Scheme Year for any breeding cows or ewes grazed and maintained in the Scheme Year on the land to which it relates in excess of the maximum number of breeding cows or ewes specified in the notification.