The Tir Cynnal (Wales) Regulations 2006

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires —

“agreement land” means land which is the subject of a Tir Cynnal agreement;

“Code of Good Farming Practice” means the Good Farming Practice provisions set out in section 9.1 of the Rural Development Plan for Wales 2000-2006;

“the Commission Regulation” means Commission Regulation (EC) No. 817/2004 (1) laying down detailed rules for the application of the Council Regulation;

“the Council Regulation” means Council Regulation (EC) No. 1257/1999(2) on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside;

“carrying out”, in relation to an activity, includes ensuring that it is carried out, and “carry out” will be construed accordingly;

“eligible person” means a Tir Cynnal agreement holder who applies for aid under these Regulations and is not excluded from eligibility for that aid at the time at which that person’s application is considered;

“farm resource management plan” means the activity set out in Part 3 of the Schedule;

“force majeure” means abnormal and unforeseeable circumstances outside the control of the claimant the effect of which would not have been avoided by the exercise of all due care by the applicant;

“landlord indemnity form” means the form drafted by the National Assembly wherein the Landlord of a Tenant who wishes to participate in the Tir Cynnal scheme but has less than five years to run under his or her tenancy agreement, undertakes to the Tenant to maintain the land within the Tir Cynnal scheme until at least the end of the first 5 years of any agreement made by the Tenant to enter into the Tir Cynnal scheme;

“National Assembly” means the National Assembly for Wales;

“other party” means a person who is party to a Tir Cynnal agreement with the National Assembly;

“resource management plan” means the activity set out in Part 3 of the Schedule;

“specified purposes” means the conservation of biodiversity, protection of landscape features, safeguarding the historic environment and reducing pollution;

“Tir Cynnal agreement” has the meaning given to it by regulation 4(2); and

“Tir Cynnal agreement holder” means any person who has entered into a Tir Cynnal agreement;

“whole farm section” means the environmental conditions set out in Part I of the Schedule which have to be complied with as part of the Tir Cynnal scheme;

“wildlife habitat” means the environmental conditions set out in Part 2 of Schedule 1.

“working day” means a day which is not a Saturday, Sunday, a common law holiday in Wales and England, or a Bank Holiday in Wales under the Banking and Financial Dealings Act(3).

“the 5% habitat condition” means the conditions set out in Part 2 of the Schedule.”

(2) Any reference in these regulations to —

(a) a numbered regulation or Schedule is a reference to the regulation in or Schedule to these regulations so numbered;

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference occurs; and

(c) a numbered or denoted sub-paragraph is a reference to the sub-paragraph so numbered or denoted in the paragraph in which the reference occurs.

(1)

OJ No. L74/1, 26.2.04

(2)

OJ No. L343, 23.6.99

(3)

1971 c. 80