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The Nitrate Sensitive Areas Regulations 1994

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Upgrading of scheme

12.—(1) A farmer may make an application for aid in respect of which undertakings are given for a period of less than five years where—

(a)the farmer has previously given undertakings to the Minister in accordance with the requirements of a scheme and option mentioned in column (1) of Schedule 7 (the “original undertakings”);

(b)the application is made before the date specified in column (2) of Schedule 7 in the entry corresponding to the original undertakings;

(c)the application is made for aid under a scheme and option mentioned in column (3) of Schedule 7 in the entry corresponding to the original undertakings; and

(d)the application includes or is accompanied by undertakings that the farmer will comply with the requirements of the scheme in respect of which the application is made from 1st October next following the date of the application until the date when the original undertakings expire.

(2) The Minister may accept an application for aid made in accordance with paragraph (1) if she is satisfied that the undertakings the farmer gives under this regulation will be effective in preventing, to the extent contemplated by the Minister in establishing the scheme in respect of which the application is made, the entry of nitrate into controlled waters.

(3) Where—

(a)the application is of a type mentioned in the first entry in the table in Schedule 7 (upgrading basic scheme to premium arable scheme), and

(b)the farmer occupies the land in respect of which the application is made as a tenant,

the Minister shall not accept an application for aid in accordance with this regulation unless the farmer has the consent in writing of his landlord.

(4) Where the Minister accepts an application for aid in accordance with paragraph (1), the undertakings given under paragraph (1)(d) shall have effect as a variation of and not in addition to the original undertakings and accordingly, in respect of the period for which the undertakings given under paragraph (1)(d) have effect, any aid payable to the farmer shall be aid under the scheme referred to in paragraph (1)(c) only.

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