The Habitats (Scotland) Regulations 1994

Regulations 3, 4 and 5

SCHEDULE 4 DRY LOWLAND GRASSLAND

Regulation 4(2)(a) and 5

PART I SPECIAL CRITERIA FOR ACCEPTANCE OF ELIGIBLE LAND

1.  The habitat site or, where the site is situated on more than one piece of land, the sum of the areas of such pieces of land, must extend to at least 1 hectare.

2.  The habitat site must be on light or free draining soil.

3.  The habitat site must be close to an area of unimproved grassland which will provide a suitable seed source, or be capable of establishment as described in paragraph 3 of Part III below.

4.  The habitat site must be in an area of improved grassland or arable land.

Regulations 3(3) and 5

PART II MANAGEMENT REQUIREMENTS(20 YEAR OPTION)

1.  The management requirements set out in this Part of this Schedule shall apply where an applicant has given an undertaking under regulation 3(2)(a)(iv).

2.  The farmer shall not use the habitat site for agricultural production and livestock must be excluded.

3.  The farmer shall not treat the habitat site or sites with fertiliser (including farmyard manure and slurry), lime, herbicides or pesticides, except for weed wiper or spot control of statutory weeds using non-residual herbicides. With the prior consent of the Secretary of State, other application methods may be used and other plants may also be treated with a non-residual herbicide.

4.  The farmer shall establish a sward, where there is no sufficient and proximate seed source, by cultivation and sowing of a grass and wild flower seed mixture appropriate to the locality of the site.

5.  The farmer shall specify a mowing regime which shall take into account the interests of wildlife. Cuttings must be removed from the habitat site, not used for silage, hay, or fed to livestock and must not cause pollution.

6.  The farmer shall avoid damaging the habitat site by agricultural improvement works, ploughing, new drainage works or cultivations.

7.  The farmer shall not damage, destroy or remove dykes, walls, hedges, traditional weatherproof farm buildings, or features of historical or archaeological interest or value, lochs, ponds or streams on or adjacent to the habitat site.

8.  The farmer shall not manage adjacent land so as to adversely affect the conservation value of the habitat site.

Regulation 3(3) and 5

PART III MANAGEMENT REQUIREMENTS(10 YEAR OPTION)

1.  The management requirements set out in this Part of this Schedule shall apply where an applicant has given an undertaking under regulation 3(2)(b)(iii).

2.  The farmer shall not treat the habitat site with fertiliser (including farmyard manure and slurry), lime, herbicides or pesticides, except for weed wiper or spot control of statutory weeds using non-residual herbicides. With the prior consent of the Secretary of State, other application methods may be used and other plants may also be treated with a non-residual herbicide.

3.  The farmer shall establish a sward, where there is no sufficient and proximate seed source, by cultivation and sowing of a grass and wild flower seed mixture appropriate to the locality of the site.

4.  The farmer shall specify a mowing regime which shall take into account the interests of wildlife.

5.  The farmer shall provide details of any proposals for grazing the habitat site. These must be compatible with the establishment or improvement of the habitat site.

6.  The farmer shall avoid damaging the habitat site by agricultural improvement works, ploughing, new drainage works or cultivations.

7.  The farmer shall not damage, destroy or remove dykes, walls, hedges, traditional weatherproof farm buildings or features of historical or archaeological interest or value, lochs, ponds or streams on or adjacent to the habitat site.

8.  The farmer shall not manage adjacent land so as to adversely affect the conservation value of the habitat site.