The Habitat (Water Fringe) (Amendment) Regulations 1996

Insertion of regulation 7A in the principal Regulations

8.  After regulation 7 of the principal Regulations, there shall be inserted the following regulation—

“Changes to the area of set-aside land

7A.— (1) If a beneficiary, in relation to an area of water fringe—

(a) which is not set-aside land,

(b) which was arable land at the start of the management period, and

(c) in relation to which an application was made on or after 28th June 1995,

at the time he makes any claim for payment of aid under these Regulations declares that he intends, in his area aid application to be submitted during the year in which the claim for payment is made, to count that land as being set aside for the purposes of the set-aside requirement that land shall be treated as set aside land for the purposes of regulation 7 and paragraph (2) below, subject to any subsequent decision to the contrary under paragraph (2) below, for the remainder of the management period.

(2) Where, at the time he makes any claim for payment of aid under these Regulations, a beneficiary, in relation to an area of set-aside land, declares that he does not intend to count it as being set aside for the purposes of the set-aside requirement in his area aid application to be submitted during that year, the Minister may decide that the land shall not be treated as set aside land for the purposes of regulation 7 and paragraph (1) above and, if he so decides, the treatment of that land for those purposes shall operate in accordance with that decision, subject to any subsequent declaration to the contrary as referred to in paragraph (1) above, for the remainder of the management period.

(3) Any decision taken by the Minister pursuant to paragraph (2) shall be notified to the beneficiary in writing.”