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The Arable Area Payments Regulations 1996

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The Grassland Option

2.—(1) In respect of each field or part field to be managed in accordance with the Grassland Option referred to in paragraph 1(1)(a) above, a farmer shall–

(a)subject to paragraph 8 below, establish a green cover by the start of the current green cover season by sowing–

(i)grass seed,

(ii)a mixture of grass seed and the seed of native broad-leaved plants not commonly used for agricultural production (which mixture, unless the farmer is an accepted organic farmer, shall not contain more than 5 per cent by weight of legumes), or

(iii)mustard seed,

(which seed shall be sown, where a crop was harvested from the field or part-field in the calendar year immediately preceding the calendar year during which the current scheme year commenced, as soon as is practicable following the harvest of that crop), unless the field or part field was set aside in the previous scheme year, was managed during that scheme year in accordance with the Grassland Option, and the green cover established in accordance with the requirements of that option has been maintained until the beginning of the current green cover season;

(b)subject to paragraphs 9, 14 and 15 below, maintain the green cover thereafter–

(i)where the field or part field is not to be set aside in the following scheme year or is to be used as land set aside for non-food purposes in the following scheme year, until the end of the current green cover season, or

(ii)where the field or part field is to be set aside in the following scheme year (but is not to be used as land set aside for non-food purposes), to the end of the current scheme year; and

(c)cut or destroy the green cover in accordance with paragraph 7 below.

(2) For the purposes of sub-paragraph (1) above, breeder's, pre-basic or basic seed may not be sown in order to establish a green cover.

(3) For the purposes of sub-paragraph (2) above, seed is breeder's, pre-basic or basic seed if it is so classified in any Regulations made under the Plant Varieties and Seeds Act 1964(1) which is in force at the time the seed intended to establish the green cover is sown.

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