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The Nitrate Sensitive Areas Regulations 1994

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Restrictions on acceptance of applications for aid

8.—(1) The Minister shall refuse any application for aid under—

(a)the premium arable scheme unless the application relates to—

(i)a whole field or fields,

(ii)a part field or part fields of not less than four hectares in each case, or

(iii)a combination of the above;

(b)the basic scheme or premium grass scheme unless the application relates to—

(i)a whole field or fields,

(ii)a part field or part fields where the remaining part of each field is subject to an application for aid under the premium arable scheme which the Minister has accepted, or

(iii)a combination of the above.

(2) The Minister may refuse an application for aid under these Regulations if she is satisfied that—

(a)the farmer will be unable to comply with his undertakings throughout the whole of the period for which they are given; or

(b)the undertakings given by the farmer will not 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 the Minister is satisfied that—

(a)the farmer will be unable to comply with his undertakings throughout the whole of the period for which they are given in respect of part of the land in relation to which they are given but will be so able in respect of the remaining part of such land; or

(b)the undertakings given by the farmer will not 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 from part of the land in relation to which such undertakings are given but will be so effective in respect of the remaining part of such land,

she may refuse the application in relation to that part of the land in respect of which she is satisfied that the farmer will not be able to comply with such undertakings throughout such period or, as the case may be, that such undertakings will not be effective but accept the application in relation to the remaining part.

(4) The Minister may refuse an application for aid under these Regulations if she is satisfied that—

(a)the implementation of the undertakings referred to in regulation 3(1)(d) in respect of the land would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Community; or

(b)the payment of aid under these Regulations in relation to that land would duplicate any assistance previously given or to be given out of money provided by Parliament or the European Community.

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