Environmentally Sensitive Areas Designation Order (Northern Ireland) 2005

Requirements of agreements, additional matters in respect of which payments may be made and amounts of payments

4.—(1) The requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in agreements are those specified in Schedule 2.

(2) Subject to the provisions of this Article, the Department may make payments under an agreement in consideration of the requirements included in the agreement pursuant to paragraph (1), up to the maximum payment rate as set out in Schedule 3 for each hectare of land managed to which the agreement relates.

(3) The additional matters in respect of which the Department may make payments under an agreement are specified in column 1 of Schedule 4 and column 1 of Schedule 5.

(4) Subject to the provisions of this Article, the Department may make payments under an agreement in consideration of a matter included in the agreement pursuant to paragraph (3) and Schedule 3 or Schedule 4 up to the maximum payment rate specified in column 2 of Schedule 3 or, as the case may be, column 2 of Schedule 4 opposite the reference to that matter.

(5) Subject to paragraph (6), payments under paragraph (4) in consideration of a matter included in the agreement pursuant to paragraph (3) and Schedule 5 shall not exceed £2,500 per annum for each farmer.

(6) For the purposes of paragraph (5) the matters set out in the following paragraphs of Schedule 5 shall be disregarded –

(a) paragraph 2(d);

(b) paragraph 2(e) and (f) provided the activities undertaken form part of a parkland management plan;

(c) paragraph 3;

(d) paragraph 7;

(e) paragraph 8(c) and (d) provided the activities undertaken are associated with fencing of habitats;

(f) paragraph 9.

(7) Subject to the provisions of this Order the Department shall make payments of grant in arrears, with such frequency as the Department may determine, not exceeding 2 payments per year.

(8) The Department shall not accept an application for grant in relation to any eligible land which is occupied by a tenant unless it is satisfied that the tenant has notified the landlord of his intention to make the application.

(9) The Department shall not accept an application for grant for an area of less than 3 hectares.