The Temporary Set-Aside Regulations 1991

Regulations 2 and 4

SCHEDULE 1 E+W+S PLANT COVER TYPES

Commencement Information

I1 Sch. 1 in force at 16.8.1991, see reg. 1(1)

• Grasses (Gramineae) excluding cereals

• Mustards

• Legumes (excluding peas, beans and lupins) where sown with any of the other plant cover types as part of a seed mixture, provided the legume content of the mixture does not exceed 5% by weight or 1.5 kg/ha, whichever is the lesser.

Regulation 4

SCHEDULE 2 E+W+S MANAGEMENT CONDITIONS

Establishment and retention of plant cover E+W+S

1.  The beneficiary shall sow and establish a plant cover of one or more of the types specified in Schedule 1 immediately after the commencement of the temporary set-aside period. If the crop planted in the year prior to the commencement of the temporary set-aside period has not yet been harvested, the plant cover shall be established immediately after the harvest. If the beneficiary is prevented from establishing a plant cover by exceptional weather conditions, he shall do so as soon as practicable.

Commencement Information

I2 Sch. 2 para. 1 in force at 16.8.1991, see reg. 1(1)

2.  Notwithstanding the requirement in paragraph 1 above the beneficiary may retain unburnt cereal stubbles on the ground over winter and sow and establish in the spring a plant cover of one or more of the types specified in Schedule 1.

Commencement Information

I3 Sch. 2 para. 2 in force at 16.8.1991, see reg. 1(1)

3.  The beneficiary shall retain the plant cover throughout the temporary set-aside period and shall re-establish it if it is wholly or partially destroyed.

Commencement Information

I4 Sch. 2 para. 3 in force at 16.8.1991, see reg. 1(1)

4.  Notwithstanding the requirement in paragraph 3 above, the beneficiary may destroy the plant cover by cultivation where this is necessary–

(a) in order to control the spread of weeds, provided that where plant cover is destroyed for this purpose it shall be re-established as soon as practicable thereafter; or

(b) in order to prepare for the establishment of an alternative plant cover, provided that that alternative cover is established as soon as practicable after the destruction of the previous cover.

Commencement Information

I5 Sch. 2 para. 4 in force at 16.8.1991, see reg. 1(1)

5.  The beneficiary shall cut the plant cover at least twice in the temporary set-aside period. One of the cuts shall be between 1st July and 31st August 1992 and each cut must be at least one month apart from any other. The beneficiary shall not remove or sell cuttings or use them for feeding livestock.

Commencement Information

I6 Sch. 2 para. 5 in force at 16.8.1991, see reg. 1(1)

6.  Notwithstanding the requirement in paragraphs 1–5 above, the appropriate Minister may authorise a beneficiary to follow different management conditions from those in this Schedule to protect or benefit the environment or for climatic reasons.

Commencement Information

I7 Sch. 2 para. 6 in force at 16.8.1991, see reg. 1(1)

7.  The beneficiary shall not apply any inorganic or organic fertiliser (other than lime) during the temporary set-aside period.

Commencement Information

I8 Sch. 2 para. 7 in force at 16.8.1991, see reg. 1(1)

8.  Notwithstanding the requirement in paragraph 7, the appropriate Minister may authorise a beneficiary to apply an inorganic fertiliser to land where he is satisfied that the land is located in an area normally used as a feeding-ground by over-wintering migratory geese. The beneficiary shall manage any land to which an inorganic fertiliser is applied pursuant to such authorisation in such a way as to provide a feeding-ground for such geese.

Commencement Information

I9 Sch. 2 para. 8 in force at 16.8.1991, see reg. 1(1)

9.  The beneficiary shall not use the land as a dumping ground for any type of organic or inorganic material.

Commencement Information

I10 Sch. 2 para. 9 in force at 16.8.1991, see reg. 1(1)

Use of pesticides E+W+S

10.  The beneficiary shall not apply pesticides.

Commencement Information

I11 Sch. 2 para. 10 in force at 16.8.1991, see reg. 1(1)

11.  Notwithstanding the requirement in paragraph 10 above, the appropriate Minister may authorise a beneficiary to apply herbicides provided that any herbicide used is of a type which is absorbed into the plant primarily through the leaves and the stem and which has little or no persistence in water and in the soil.

Commencement Information

I12 Sch. 2 para. 11 in force at 16.8.1991, see reg. 1(1)

12.  The beneficiary shall make a written record of the type, quantity, date and method of application of any herbicide used and of the reason for such use and shall keep the written record until 31st December 1992.

Commencement Information

I13 Sch. 2 para. 12 in force at 16.8.1991, see reg. 1(1)

Maintenance of environmental features E+W+S

13.  The beneficiary shall maintain–

(a) all existing hedges and rows of trees (including hedgerow trees);

(b) all existing lakes, lochs, watercourses, ponds and pools;

(c) all existing unimproved grassland, moorland and heath;

• and

(d) all existing vernacular buildings and stone walls

which he is entitled to maintain and which are situated on or adjacent to any land to which the requirements in this Schedule apply.

Commencement Information

I14 Sch. 2 para. 13 in force at 16.8.1991, see reg. 1(1)

Land improvement works E+W+S

14.  The beneficiary shall not install any new drainage system, nor substantially modify any existing drainage system.

Commencement Information

I15 Sch. 2 para. 14 in force at 16.8.1991, see reg. 1(1)