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The Set-Aside Regulations 1988

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Change of use of set-aside land

11.  (1)  Subject to the provisions of this regulation, a beneficiary may, within three years of the commencement of the set-aside period, change the use of any set-aside land, with the exception of land on which woodlands have been planted, from the use to which he has undertaken to put that land to one or more of the other uses mentioned in regulation 3(1)(b).

(2) The beneficiary shall notify the Minister of an intended change of use and the notification shall be in such form and shall contain such information relating to the intended change of use as that Minister reasonably may require.

(3) For the purposes of the payment of aid under these Regulations, a change of use of set-aside land shall be deemed to take effect on 1st October following the approval of that change by the appropriate Minister.

(4) Where a beneficiary changes the use of any set-aside land from use for permanent fallow to use for rotational fallow, the appropriate Minister shall recover or withhold from that beneficiary the difference between any payments made or due to him under these Regulations on the basis of the use of that land for permanent fallow and payments made or due to him on the basis of the use of that land for rotational fallow.

(5) Where a beneficiary notifies the appropriate Minister that he intends to change the use of any set-aside land which he occupies as a tenant from use for permanent or rotational fallow to use for woodland or non-agricultural purposes, the appropriate Minister shall not approve that change of use unless he is satisfied that that beneficiary has obtained the consent in writing of the landlord of that land to that change of use.

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