UK Offence Report

The Nitrate Sensitive Areas Regulations 1994

UK Statutory Instrument 1994 No. 1729 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
1 July 1994
In force from
26 July 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 Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which comply with Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p.85) on agricultural methods compatible with the requirements of protection of the environment and the maintenance of the countryside (“the Agri-environmental Regulation”), allow the Minister of Agriculture, Fisheries and Food (“the Minister”) to make payments of aid to farmers in nitrate sensitive areas (regulation 3). Rates of payments are in Schedule 6. The nitrate sensitive areas are defined by reference to maps deposited at the offices of the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3JR (regulation 2 and Schedule 1). To be eligible for a payment under the Regulations, a farmer must give undertakings relating to the land to the Minister for a period of 5 years—(regulation 7(4)). Schedule 2 sets out undertakings the farmer must give in all cases. Schedules 3 to 5 set out additional undertakings the farmer must give to be eligible for payments under each of three schemes. The Minister may vary the terms of the undertakings in individual cases provided she is satisfied the requirements imposed remain compatible with the Agri-environmental Regulation (regulation 14). The Regulations also contain provisions relating to: eligibility and applications (regulations 4 to 6); restrictions on acceptance of applications (regulation 8); monitoring of compliance by farmers with the undertakings they have given and of the effectiveness of the schemes (regulation 9); claims for payment (regulation 10); the circumstances in which a farmer may change from one scheme to another, and the effect of such a change (regulation 12 and Schedule 7); the consequences of the death of the farmer or changes in occupation of the land subject to the undertakings given by the farmer (regulation 13); penalties where false statements are made, and where there is a breach of the Regulations or of the undertakings given under them (regulations 13(5) and (6), 15 and 16). The Regulations apply to England only.

Offences created by this instrument

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