A national park authority1 may, if satisfied that it is expedient to do so, by order2 apply the following provisions to any land3 which is comprised in the relevant park and which appears to it to consist of or include moor or heath4. The provisions are that no person may by ploughing or otherwise convert into agricultural land5 any land to which the provisions apply and which is moor or heath which has not been agricultural land at any time within the preceding 20 years6, or carry out on any such land any other agricultural operation or any forestry
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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