Habitat (Salt-Marsh) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/1293 |
| Year | 1994 |
1994 No. 1293
AGRICULTURE
The Habitat (Salt-Marsh) Regulations 1994
Made 12th May 1994
Laid before Parliament 16th May 1994
Coming into force 6th June 1994
The Minister of Agriculture, Fisheries and Food, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on her by the said section 2(2) and of all other powers enabling her in that behalf, hereby makes the following Regulations:
Citation, commencement and extent
1. These Regulations may be cited as the Habitat (Salt-Marsh) Regulations 1994, shall come into force on 6th June 1994 and shall apply to England.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping and freshwater fish farming, the use of land as grazing land, meadow land, osier land, reed beds, market gardens and nursery grounds, and “agricultural” shall be construed accordingly;
“application” means an application for aid under regulation 4 and “applicant” shall be construed accordingly;
“arable land” includes ley grassland;
“beneficiary” means a person whose application has been accepted;
“coastal defence authority” means the National Rivers Authority, an internal drainage board or any other body having power to undertake or maintain works for the defence of land against sea water, or a coast protection authority or sea defence commissioners within the meaning of the Coast Protection Act 19493;
“eligible land” means an area of arable land or permanent grassland of not less than one hectare which—
(a) is situated adjacent to the coast, and
(b) in the opinion of the Minister is suitable for the establishment of salt-marsh vegetation;
“eligible person” means a person who on the date of the submission of his application occupies eligible land as an owner or tenant;
“holding” means land which is occupied as a unit for agricultural purposes;
“landlord” means, in relation to a tenant of any land, any person who either solely or jointly owns or has a superior tenancy of that land;
“managed land” means the area of land in relation to which a beneficiary has assumed management obligations;
“management obligations” means the obligations assumed by a beneficiary by virtue of the undertakings referred to in regulation 3 or 6;
“management period”, in relation to an application accepted by the Minister, means the period of 20 consecutive years commencing on a date agreed by the Minister and the beneficiary;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“permanent grassland” means agricultural land on which the vegetation consists primarily of grass species and which has not been ploughed or re-seeded for at least five years;
“tenant” means a person who occupies land—
(a) under an agreement for the letting of land for a tenancy from year to year;
(b) under an agreement which has effect by virtue of section 2(1) or 3(1) of the Agricultural Holdings Act 19864as an agreement for the letting of land for a tenancy from year to year; or
(c) under a contract of tenancy for a fixed term of years of which at least 20 years remain unexpired at the commencement of the management period.
(2) Any reference in these Regulations to a numbered regulation or “the Schedule” shall be construed as a reference to the regulation so numbered in these Regulations or the Schedule to these Regulations.
Aid for establishment of salt-marshes
3. Subject to the provisions of these Regulations, the Minister may make payments of aid to any eligible person who undertakes for the duration of the management period—
(a) not to use an area of eligible land for agricultural production; and
(b) to manage that land with the objective of establishing an area of salt-marsh in accordance with the requirements set out in the Schedule.
Applications for aid
4. An application for aid under these Regulations shall be made in such form as the Minister reasonably may require and shall include—
(a) a map of the area of eligible land in respect of which the applicant proposes to assume management obligations;
(b) a description of the use or uses of that land; and
(c) if required by the Minister, evidence showing the nature of the applicant’s estate or interest in that land.
Restrictions on acceptance of applications
5.—(1) The Minister shall not accept an application in relation to any land unless, after consultation with the relevant coastal defence authority or authorities, she is satisfied that the establishment of salt-marsh, including any associated setting back inland of coastal defences on or adjacent to that land, is consistent with the provision of effective and sustainable coastal defence.
(2) The Minister shall not accept an application in relation to any land which is occupied by a tenant unless she is satisfied that the tenant has obtained the consent in writing of the landlord of that land to the making of the application.
(3) The Minister may refuse to accept an application in relation to any land where she is satisfied that—
(a)
(a) the management of that land with the objective of establishing an area of salt-marsh would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Community; or
(b)
(b) the payment of aid under these Regulations in relation to that land would duplicate any assistance given or to be given out of money provided by Parliament or by the European Community.
Change of occupation
6.—(1) Where, during the course of the management period, there is a change of occupation of the entirety or any part of a beneficiary’s land which is subject to management obligations by reason of the devolution of that land or part on the death of the beneficiary, or otherwise—
(a)
(a) the beneficiary (or, if he has died, his personal representatives) shall notify the Minister in writing of the change of occupation within three months of its occurrence and shall supply to the Minister such information relating to that change of occupation in such form and within such period as the Minister reasonably may determine;
(b)
(b) the new occupier of that land or part may give an undertaking to the Minister to...
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