Agriculture Citation and commencement 1 These Regulations may be cited as the Farming with Nature Scheme Regulations (Northern Ireland) 2025 and shall come into operation on 19th June 2025. Interpretation 2 1 In these Regulations— “ applicant ” means an eligible farm business which has applied for a scheme payment under the scheme; “ authorised person ” means any person authorised by the Department to act in matters relating to these Regulations; “ designated watercourse ” means a watercourse designated by the Drainage Council under the Drainage (Northern Ireland) Order 1973 “ the Department ” means the Department of Agriculture, Environment and Rural Affairs; “ eligible farm business ” means a farm business operating on the land upon which one of the eligible scheme actions listed in Schedule 1 and eligible supporting items listed in Schedule 2 occur and meets the eligibility criteria listed in regulations 4 to 7; “ eligible scheme actions ” means the actions listed in Schedule 1; “ eligible supporting items ” means the items listed in Schedule 2; “ EFS ” means the Environmental Farming Scheme administered by the Department under Regulation (EU) No.1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development and Commission Delegated Regulation (EU) No.640/2014 ; “ farm business ” means a farm business which holds a DAERA Farm Business ID number; “ gate and two posts ” means a gate and two posts which meet the criteria in Schedule 2; “ LPIS ” means the Land Parcel Identification System maintained by the Department; “ management control ” in relation to an applicant, means the power to manage the fields in which eligible scheme actions and eligible supporting items are implemented with a degree of autonomy in respect of those fields sufficient for the carrying out of eligible scheme actions and eligible supporting items; “ permanent grassland area ” means designated as required by Article 32A of Regulation (EU) No1307/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development areas including peat and wetlands covered by either or both the Wild Birds Directive and the Habitats Directive which are environmentally sensitive and which need protection to meet the requirements of these directives; “ post ” means a post which is— new and commercially available; and does not consist of wooden materials; “ protective fencing ” means fencing which meets the criteria in Schedule 2; “ retention period ” means the length of time stated in Schedule 1 for which the respective eligible scheme actions completed by the eligible farm business must be retained; “ scheme ” means the Farming with Nature Transition Scheme administered by the Department; “ scheme payment ” means a payment under regulation 8; “ scheme year ” means– in the initial year of operation, the period beginning on 19th June 2025 and ending on 31st March 2026; in the second year, the period beginning on 1st April 2026 and ending on 31st March 2027; “ Tier 1 land ” means fields that are within sites designated as special areas of conservation, special protection areas and Ramsar sites by the Department; “ Tier 2 land ” means fields that are within sites designated as biological Areas of Specific Scientific Interest by the Department; “ Tier 3 land ” means Northern Ireland priority habitats and species areas outside sites designated by the Department; “ watercourse ” means any channel through which water may flow as identified by the Department using LPIS data. 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Scheme duration 3 The scheme shall, subject to the ongoing scheme liabilities and obligations, operate for a period of two scheme years ending on 31st March 2027. Eligibility requirements; general requirements 4 1 An eligible farm business shall— a hold either a Category 1 or 2 DAERA Farm Business ID number; and b not have an active EFS agreement in place. 2 An applicant must have management control of the fields in which eligible scheme actions and eligible supporting items are implemented. Eligible Scheme actions 5 An applicant carrying out eligible scheme actions in each specific scheme year must meet the criteria in Schedule 1. 6 An applicant carrying out eligible supporting items in each specific scheme year must meet the criteria in Schedule 2. 7 Eligible scheme actions and eligible supporting items are not permitted on Tier 1, Tier 2 or Tier 3 land under this scheme. Scheme actions; payments 8 1 The Department shall not make a payment to an applicant until the applicant has returned to the Department a signed form of acknowledgement and understanding of scheme payment conditions declaration in such form as the Department may determine. 2 Subject to regulations 5 and 6 and to paragraph (1), the Department shall pay an applicant an amount not exceeding £9,500 for work completed in relation to eligible scheme actions and eligible supporting items each scheme year. 3 Schedule 3 lists the payments rates the Department will use to pay applicants for work completed for eligible scheme actions and eligible supporting items. Modification of Regulation (EU)1306/2013 9 In its application to this scheme, Title VI of Regulation 1306/2013 of the European Parliament and of the Council of 17 December 2013 shall not apply. Modification of Commission Implementing Regulation (EU)640/2014 10 In its application to this scheme, Article 19 of the Commission Implementing Regulation (EU)640/2014 shall not apply. Modification of Commission Implementing Regulation (EU)809/2014 11 In its application to this scheme, paragraph 1 of Article 32 of the Commission Implementing Regulation (EU)809/2014 shall be read as if for “5%” in each place there were substituted “1%” . Use of LPIS information 12 1 The Department shall use the information recorded on LPIS to determine whether the requirements in Schedule 1 are met. 2 The LPIS information shall be conclusive evidence unless otherwise rebutted or corrected to the satisfaction of the Department. Withholding and recovery of overpayments 13 1 This regulation applies where an application for payment has been approved by the Department and it becomes aware that the applicant— a is not eligible to receive that payment; b has without reasonable cause obstructed an authorised person in the exercise of their powers under regulation 14; or c has failed to provide reasonably required assistance to an authorised person under regulation 15. 2 Subject to paragraph (3), the Department may— a revoke the approval of the application for payment; and b where payment has not been made withhold the payment or any part of it; or c where payment has already been made, recover from the applicant an amount equal to the whole or any part of the payment— i as a civil debt; or ii by way of offsetting against any sum otherwise payable to the applicant by the Department. 3 Before exercising the power under paragraph (2), the Department must by a withdrawal or recovery notice, (“ the notice ”)— a give the applicant a written explanation of the reasons for the proposed action; and b afford the applicant the opportunity to make written representations within 14 days beginning with the date of the issue of the notice; and c consider any representations made by or on behalf of the applicant. Powers of authorised persons 14 1 An authorised person may exercise any of the powers specified in paragraphs (2) to (4) for the purposes of these Regulations. 2 An authorised person on producing, if so required, a duly authenticated document showing the person’s authority to do so, may at all reasonable hours enter any land other than a building used only as a dwelling house. 3 An authorised person may— a carry out any inquiries, checks, examinations, measurements and tests; b take samples; c inspect any part of the land (whether it is farmed or is withdrawn from agricultural production) have access to, inspect and copy any documents or records (in whatever form they are held) or remove such records to enable them to be copied; d have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the documents or records; and for this purpose require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as is reasonably required and, where a document or record is kept by means of a computer, reasonably require the document to be produced in a form in which it can be taken away; e take a photograph of anything on the land; and f remove anything reasonably believed to be evidence of any failure to meet the eligibility conditions. 4 An authorised person entering any premises or land by virtue of this regulation may take with them such other persons as they consider necessary. 5 For the purposes of this regulation a computer includes any electronic device. Assistance to authorised persons 15 An applicant or any employee, agent, contractor or tenant of an applicant shall give an authorised person such assistance as may be reasonably required to enable the authorised person to exercise the powers conferred by regulation 14. Offences and penalties 16 1 Any person who— a without reasonable cause obstructs an authorised person or a person accompanying the authorised person (see regulation 14(4)) in exercise of the power conferred on the authorised person by regulation 14; or b without reasonable cause fails to comply with a requirement under regulation 15, shall be guilty of an offence. 2 Nothing in paragraph (1) shall be construed as requiring any person to answer any question if to do so may incriminate that person. 3 A person guilty of an offence under paragraph (1)(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. 4 A person guilty of an offence under paragraph (1)(b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 29th May 2025 George Moffett A senior officer of the Department of Agriculture, Environment and Rural Affairs