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8.—(1) Subject to paragraph (2), where the Department forms the opinion that any parcel of land is being overgrazed, it may serve on the occupier a written notice specifying the maximum number of bovine animals which may be grazed and maintained on that parcel in the following calendar year.
(2) The maximum number referred to in paragraph (1) shall be determined having regard to such conditions as may be specified in the notice.
(3) Where the Department has previously served a notice under paragraph (1) or any of the provisions specified in paragraph (5) in relation to a parcel of land, it may serve a further such notice in relation thereto without having formed the opinion that it is being overgrazed.
(4) Where the Department has served a notice in relation to a parcel of land under paragraph (1) or (3), or any of the provisions specified in paragraph (5), it shall withhold, or, where it has already been paid, recover any slaughter premium payable or paid on such number of premium animals grazed and maintained there in the calendar year in respect of which that notice was issued as, when added to the number of other animals (including other premium animals) grazed and maintained there in that year, results in the maximum number of animals specified in the notice being exceeded.
(5) The provisions referred to in paragraph (3) are—
(a)regulation 10 of the Beef Special Premium (Protection of Payments) Regulations (Northern Ireland) 1996(1);
(b)regulation 3A of the Suckler Cow Premium Regulations (Northern Ireland) 1993(2); and
(a)regulation 3A of the Sheep Annual Premium Regulations (Northern Ireland) 1992(3).
(6) The Department may withhold or recover slaughter premium pursuant to paragraph (3) where it is satisfied that any other condition in the notice has been breached.
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
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
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