The Land in Care Scheme (Tir Gofal) (Wales) Regulations 1999

Interpretation

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

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

“agreement year”, in relation to any Tir Gofal agreement, means a period of 12 months commencing with the date of, or any anniversary of the date of, the coming into effect of the agreement;

“agri-environment scheme” means an arrangement which is–

“the Commission Regulation” means Commission Regulation (EC) No. 746/96(1) laying down detailed rules for the application of the Council Regulation, as last amended by Commission Regulation (EC) No. 435/97(2);

“the Council Regulation” means Council Regulation (EEC) No. 2078/92(3) on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, as last amended by Commission Regulation (EC) No. 2772/95(4) as rectified in turn by Commission Regulation (EC) No. 1962/96(5);

“Countryside Council” means the Countryside Council for Wales established by section 128 of the Environmental Protection Act 1990(6);

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

“eligible person” means a Tir Gofal agreement holder who applies for aid under these Regulations and is not excluded from eligibility for that aid at the time at which his application is considered by application of Article 10 of the Commission Regulation (which restricts duplication of aid payments), by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member States to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person covered by that provision who, intentionally or by reason of gross negligence, makes a false declaration to be excluded from all aid under the Council Regulation);

“general environmental conditions” means the environmental conditions set out in Part I of Schedule 1;

“interest”, in relation to land, means a freehold or leasehold interest in it;

“special project activity” means an activity in relation to agreement land which the Countryside Council considers–

“specified purposes” means–

“Tir Gofal agreement” has the meaning given to it by regulation 3(3); and

“Tir Gofal agreement holder” means any person who has entered into a Tir Gofal agreement.

(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.

(3) Words and phrases used in Schedules 1 to 4 and not defined in paragraph (1) shall be construed in accordance with Schedule 5.