The Set-Aside Regulations 1988

Aid for set aside of arable land

3.—(1) Subject to the provisions of these Regulations, the appropriate Minister may make payments of aid to any eligible person who undertakes for the duration of the set-aside period—

(a) to set aside an area of the arable land on his holding which was arable land in the reference period and which is equal in size to at least 20 per cent of the relevant arable land on that holding in the reference period; and

(b) to use the set-aside area for one or more of the following—

(i) permanent fallow;

(ii) rotational fallow;

(iii) woodland;

(iv) non-agricultural purposes; and

(c) to ensure that the area of relevant arable land on his holding shall not exceed the area of relevant arable land on his holding in the reference period, less an area equal in size to the set-aside area.

(2) Subject to the provisions of these Regulations, the appropriate Minister may make payments of aid to any beneficiary who, within three years from the date of acceptance of his original application, undertakes for the remainder of the set-aside period—

(a) to set aside an additional area of the arable land on his holding which was arable land in the reference period; and

(b) to use that additional set-aside area for one or more of the purposes set out in paragraph (1)(b) above; and

(c) to ensure that the area of relevant arable land on his holding shall not exceed the area of relevant arable land on his holding in the reference period, less an area equal in size to the sum of the original set-aside area and the additional set-aside area.

(3) Subject to the provisions of these Regulations, the appropriate Minister may make payments of aid to any beneficiary who enlarges his holding by the acquisition of arable land which was arable land in the reference period and who, within four years from the date of acceptance of his original application, undertakes for the remainder of the set-aside period—

(a) to set aside an area of that acquired arable land; and

(b) to use that additional set-aside area for one or more of the purposes set out in paragraph (1)(b) above; and

(c) to ensure that the area of relevant arable land on his enlarged holding shall not exceed the sum of the area of relevant arable land on his holding in the reference period and the area of relevant arable land comprised in the acquired arable land in the reference period, less an area equal in size to the sum of the original set-aside area and the additional set-aside area.

(4) In determining whether any arable land was arable land in the reference period for the purposes of paragraphs (1) to (3) above, no account shall be taken of any land which was converted to the production of arable crops in the period commencing on 1st January 1988 and ending on 30th June 1988.