Habitat (Water Fringe) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/1291 |
| Year | 1994 |
1994 No. 1291
AGRICULTURE
The Habitat (Water Fringe) 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 (Water Fringe) 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;
“designated watercourse or lake” means a watercourse, lake, or part thereof, referred to in Schedule 1 and coloured blue on the maps contained in the volume of maps marked “volume of maps of Habitat Scheme Water Fringe Areas”, dated 12th May 1994, signed and sealed by the Minister and deposite at the offices of the Ministry of Agriculture, Fisheries and Food at 17 Smith Square, London SW1P 3JR;
“eligible land” means any arable land or permanent grassland which is situated adjacent to a designated watercourse or lake or which is separated from a designated watercourse or lake by a distance not exceeding an average of 20 metres;
“eligible person” means a person who on the date of the submission of his application occupies eligible land as an owner or tenant;
“grassland” means land on which the vegetation consists primarily of grass species;
“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;
“livestock unit” means—
(a) 1 bovine animal more than two years old,
(b) 1.66 bovine animals from six months old to two years old inclusive,
(c) 6.66 sheep, or
(d) 1 horse or pony more than six months old;
“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 duration of the undertaking referred to in regulation 3(1) or (2) commencing on a date to be agreed by the Minister and the beneficiary;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“permanent grassland” means agricultural grassland which has not been ploughed or re-seeded for at least five years;
“strip”, in relation to eligible land, means a strip which has an average width of at least 10 metres and which is not wider than any field in which it is situated;
“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 19863as 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—
(i) at least 20 years remain unexpired at the commencement of the period of duration of the undertaking referred to in regulation 3(1), or
(ii) at least 10 years remain unexpired at the commencement of the period of duration of the undertaking referred to in regulation 3(2);
“water fringe” means the area of eligible land in relation to which the beneficiary has assumed management obligations;
“wildlife” means—
(a) any animal (including any fish but excluding any bird) which is ordinarily resident in England in a wild state;
(b) any bird which is ordinarily resident in or is a visitor to England in a wild state; and
(c) any plant which is of a kind which ordinarily grows in England in a wild state.
(2) Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Aid for water fringes
3.—(1) Subject to the provisions of these Regulations, the Minister may make payments of aid to any eligible person who undertakes for a period of 20 consecutive years commencing in the year in which his application is accepted—
(a)
(a) not to use for agricultural production a strip of eligible land, and
(b)
(b) to manage that strip and any features bordering on that strip—
(i) in the case of arable land, in accordance with the requirements set out in Schedule 2 or in Schedules 2 and 3, or
(ii) in the case of permanent grassland, in accordance with the requirements set out in Schedule 4 or in Schedules 3 and 4.
(2) Subject to the provisions of these Regulations, the Minister may make payments of aid to any eligible person who undertakes for a period of 10 consecutive years, commencing in the year in which his application is accepted, to manage an entire field of eligible land and any features bor ering on that field—
(a)
(a) in the case of arable land, in accordance with the requirements set out in Schedule 5 or in Schedules 3 and 5, or
(b)
(b) in the case of permanent grassland, in accordance with the requirements set out in Schedule 6 or in Schedules 3 and 6.
Applications for aid
4. An application for aid under these Regulations shall be made at such time and 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 at the time the application is made;
(c) a description of the intended use or uses of that land;
(d) 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 she is satisfied that, having regard to—
(a)
(a) the use or uses of that land at the time the application is made, and
(b)
(b) the intended use or uses of that land, the management of the land in accordance with the proposals contained in the application will protect or improve a habitat for wildlife on that land or in a designated watercourse or lake.
(2) The Minister shall not accept an application in relation to any land which is occupied by a tenant and which will not be used for agricultural production unless she is satisfied that the tenant has obtained the consent in writing of the landlord of that land to the making of the appliction.
(3) The Minister may refuse to accept an application in relation to any land where she is satisfied that—
(a)
(a) the management of the land in accordance with the proposals contained in the application would frustrate the purposes of any assitance 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 peiod as the Minister reasonably may determine;
(b)
(b) the new occupier of that land or part may give an undertaking to the Minister to comply with the management obligations relating to that land or part for the remainder of the management period.
(2) The Minister shall not accept an undertaking referred to in paragraph (1)(b) above unless she is satisfied that the new occupier occupies the land or part as an owner or tenant or as the personal representative of the original occupier.
(3) A new occupier who gives an undertaking to comply with the management obligations assumed by the original occupier shall supply to the Minister such information in such form and within such period following the change of occupation as the Minister reasonably may determine.
(4) Where the Minister has accepted an undertaking from a new occupier to comply with the management obligations undertaken by the original occupier—
(a)
(a) the new occupier shall be deemed to be a beneficiary and, subject to paragraph (5) below, shall be entitled to payments of aid in place of the original occupier for the remainder of the management period; and
(b)
(b) his undertaking to comply with those management obligations shall be deemed to take effect on the date of the acceptance by the Minister of that undertaking.
(5) Where there is a change of occupation of part of the land subject to management obligations, the new occupier shall be entitled to payments of aid in the same proportion as the area of such land occupied by him bears to the area of such land occupied by...
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