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Beef Special Premium Regulations (Northern Ireland) 2001

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Overgrazing

7.—(1) Subject to paragraph (2), where in the year preceding any given scheme year the Department forms the opinion that any parcel of land is being overgrazed, the Department may notify the occupier of the maximum number of bovine 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 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—

(a)the Department has previously made such a notification under paragraph (1); or

(b)the Department has made a notification under any of the provisions specified in paragraph (5),

in respect of that parcel having formed the opinion that it was being overgrazed.

(3) Where—

(a)the Department has made a notification under paragraph (1); or

(b)the Department has made a notification under any of the provisions specified in paragraph (5),

no beef special premium shall be paid in respect of the scheme year for which it was issued on any number of bovine 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 bovine 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 beef special 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 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);

(c)regulation 5 of the Suckler Cow Premium Regulations (Northern Ireland) 2001(3);

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

(e)regulation 3A of the Sheep Annual Premium Regulations (Northern Ireland) 1992(5); and

(f)regulation 10 of the Hill Livestock (Compensatory Allowances) Regulations (Northern Ireland) 1999(6).

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