Conditions as to continued use of eligible land

5.  Less favoured area compensatory allowance shall not be paid to a claimant unless—

(a)he has given a written undertaking, in such form as the Department may reasonably require, that he would, for a period of at least five years from the date of payment of the first compensatory allowance, continue to use for the purposes of agriculture at least three hectares of land which is either eligible land or related less favoured area; and

(b)he is not in breach of that undertaking at the date of payment.