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Organic Farming Regulations (Northern Ireland) 2008

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Change of ownership or occupancy

9.—(1) Where there is a change of ownership or occupancy of any land that forms all or part of any organic parcel to which an agreement relates the Department shall not pursuant to Article 44 of Commission Regulation No 1974/2006 seek to recover grant already paid in respect of that land if—

(a)the change of ownership or occupancy follows the death of the beneficiary; or

(b)the beneficiary—

(i)informs the Department within 28 days of the change of ownership or occupancy;

(ii)has in the opinion of the Department substantially fulfilled the terms of the conversion relating to the land; and

(iii)has definitively ceased agricultural activity on all parcels on his holding; or

(c)the new owner or occupant of the land enters into the same agreement with the Department as had been in effect immediately before the change of ownership or occupancy.

(2) The new owner or occupier of the land concerned shall in the circumstances set out in paragraph (1)(c) be treated as the beneficiary in relation to that land from the first anniversary of the change of ownership of the land and these Regulations shall apply accordingly.

(3) Grant in respect of any organic parcel to which paragraph (1)(c) applies shall not be payable in respect of any period following the fourth anniversary of the date of the first claim in respect of that parcel.

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