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The Farm Waste Grant (Nitrate Vulnerable Zones) (Wales) Scheme 2001

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Withholding of grants

6.—(1) The National Assembly may withhold or recover the whole or any part of a grant otherwise payable under this Scheme where it considers that—

(a)assistance in respect of expenditure towards which the grant is claimed has been obtained or is obtainable from another source;

(b)the work in respect of which the grant is claimed would frustrate the purposes served by assistance previously given out of money provided by the National Assembly, Parliament or the European Community;

(c)the expenditure towards which the grant is being claimed is excessive, having regard to all the circumstances of the case; or

(d)the carrying out of the work in respect of which the grant is to be made has already destroyed or damaged or as the case may be is likely to destroy or damage the natural beauty and amenity of the countryside to an extent which cannot be justified by any resulting agricultural benefit.

(2) Before acting under sub-paragraph (1) the National Assembly, shall—

(a)give to the person to be affected by its decision (“the affected person”) written notification of the reasons for withholding reducing or recovering the grant and the date on which such action will be taken;

(b)give the affected person the opportunity of appearing before and being heard by a person appointed for the purpose by the National Assembly

(c)consider the report of a person so appointed and give a copy of it to the affected person.

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