UK Offence Report

The Habitat (Water Fringe) Regulations 1994 (revoked)

UK Statutory Instrument 1994 No. 1291 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
12 May 1994
In force from
6 June 1994
Extent
Not stated
Subject
Agriculture, plant health, food production and rural affairs
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement in part Council Regulation (EEC) No.2078/92 (OJ No. L215, 30.7.92, p.85) on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside. The Regulations, which apply to England, provide for payment of aid to eligible persons who, as regards a strip of eligible land adjacent to a designated watercourse or lake (all as defined in regulation 2(1)), undertake for a period of 20 years not to use that land for agricultural production and to manage it in accordance with the Regulations in order to protect or improve a wildlife habitat. Aid may also be paid to eligible persons who undertake to manage an entire field of eligible land in accordance with the Regulations for a period of 10 years without ceasing agricultural production on that field (regulation 3). Applications for aid must include details such as a map of the eligible land (regulation 4) and restrictions on the acceptance of applications in certain circumstances are set out (regulation 5). Provision is made for a new occupier of land to receive aid in place of the original occupier upon the Minister’s acceptance of his undertaking to comply with the obligations undertaken by the original occupier for the remainder of the management period (as defined in regulation 2(1)) (regulation 6). Aid is payable annually and the rates are set out (regulation 7). The Regulations also— a provide for an obligation to permit entry and inspection (regulation 9); b provide for withholding and recovery of aid and termination (regulation 10); and c create an offence, punishable on summary conviction with a maximum fine not exceeding level 5 on the standard scale, of knowingly or recklessly making a false statement in order to obtain aid (regulation 11).

Offences created by this instrument

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