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The Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014

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Heather and grass burning

9.—(1) A beneficiary must not commence burning heather, rough grass, bracken, gorse or vaccinium on any land between sunset and sunrise.

(2) A beneficiary must not burn heather, rough grass, bracken, gorse or vaccinium unless—

(a)a burning plan has been prepared and the proposed burning is in accordance with the provisions of that plan;

(b)there are, where the burning is taking place, sufficient persons and equipment to control and regulate the burning during the entire period of the operation;

(c)the beneficiary takes, before commencing burning and during the entire period of the operation, all reasonable precautions to prevent injury or damage to any adjacent land, or to any person or thing on that land;

(d)the beneficiary has, not less than 24 hours and not more than 72 hours before commencing burning on any land, given notice in writing of the date or dates, time and place at which, and the extent of the area on which it is the intention to burn—

(i)to any person who has an interest in that land either as an owner or an occupier, and

(ii)except in the case of any burning carried out on railway land, to any other person whom is known, or could with reasonable diligence have been discovered, to be in charge of any land adjacent to that on which the burning is to take place.

(3) A beneficiary must not burn heather, rough grass, bracken, gorse or vaccinium—

(a)on land which is within an upland area, during the period within any year from 1 April to 30 September, both dates inclusive; or

(b)on all other land, during the period within any year from 16 March to 31 October, both dates inclusive,

except under and in accordance with a licence granted pursuant to regulation 7 of the Heather and Grass etc. Burning (Wales) Regulations 2008(1).

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