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The Tir Cynnal (Wales) Regulations 2006

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Power to enter into agreements

4.—(1) In any case where the National Assembly is of the opinion that, in relation to any land, the following of the conditions set out in Parts 1, 2, 3 and 4 of the Schedule by any person who has an interest in that land would be conducive to the specified purposes, the National Assembly may, subject to paragraphs (4) and (5) below, enter into a Tir Cynnal agreement with that eligible person.

(2) For the purposes of paragraph (1) above, a Tir Cynnal agreement means an agreement which remains in force for a minimum period of five years, provides for the agreement holder to follow the conditions set out in Parts 1, 2, 3 and 4 of the Schedule in relation to the agreement land and requires the National Assembly to make payments of aid to the agreement holder in respect of the following of these conditions on the agreement land.

(3) The National Assembly will not enter into any Tir Cynnal agreement in circumstances to which Article 42 of Commission Regulation 817/2004 (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement) applies unless it is satisfied that the conditions set out in that Article are fulfilled.

(4) The National Assembly will not enter into any Tir Cynnal agreement unless the amount of land subject to that agreement comprises at least 3 hectares.

(5) A Tir Cynnal agreement—

(a)will include provision that the other party will carry out on the agreement land, the whole farm section as specified in Part 1 of the Schedule ;

(b)will include that the other party will carry out on the agreement land activities so as to protect the wildlife habitats specified in Part 2 of the Schedule insofar as the habitats exist on the agreement land;

(c)will include that the other party will agree that at least 5% of the agreement land will consist of wildlife habitat. If less than 5% of the area of the agreement land is wildlife habitat then the other party can include existing hedgerows and create new habitats in order to meet the 5% habitat condition;

(d)will include provision that the other party will complete a farm resource management plan as detailed in Part 3 of the Schedule;

(e)will, in relation to the activities referred to in paragraphs (a), (b), (c) and (d) require or enable the National Assembly to make payment of aid which at the date of the coming into force of this instrument, (but which may be adjusted at the National Assembly’s discretion) are at the rates referred to in Part 4 of the Schedule.

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