Mr. Paul Dillon:

You have to remember that the legal burning season ends on 1 March. If a farmer wishes to carry out controlled burning legally, he or she must do it before 1 March. Almost all farmers will make their basic payment scheme application after 1 March. The applicant is required to state on the application whether the land is eligible or not eligible. The terms and conditions of the scheme clearly state that if land is burned after 1 March it is not eligible. The Department expects the farmer to know when making an application whether the land was burned. That is why the legal advice we have is so strong in terms of eligibility and the burden of proof. It has to do with declaration of eligible land.