The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005

Protection of hedgerows and watercourses

10.—(1) A farmer must take all reasonable steps to maintain a green cover on, and he must not cultivate, or apply fertilisers or pesticides to—

(a) land within 2 metres of the centre of a hedgerow, watercourse or field ditch; and

(b) land which is within 1 metre of the top of the bank of a watercourse or field ditch.

(2) The requirement in sub-paragraph (1) does not apply—

(a) to land on either side of a hedgerow which was planted on or after 1st January 2005 and which is less than 5 years old;

(b) to land forming part of a parcel of 2 hectares or less, as measured within permanent boundary features;

(c) in relation to the use of pesticides, if the only application of pesticides is the spot-application of herbicides to control the spread of any of the weeds mentioned in paragraph 8 or 9;

(d) to the extent that the Secretary of State has, for reasons relating to livestock production, crop production or the enhancement of the environment, given the farmer written permission to do otherwise;

(e) to land referred to in sub-paragraph (1) which is set aside pursuant to Article 54 of the Council Regulation, in the calendar year that it is set aside (1); and

(f) to land referred to in sub-paragraph (1) which is set aside pursuant to Article 55(b) of the Council Regulation, in the calendar year that it is set aside(2).

(3) A farmer may cultivate the land referred to in sub-paragraph (1)—

(a) in order to establish a green cover where that land does not already have a green cover, and that land is part of a field which—

(i) has been created by the merger of two or more fields or the division of a field; or

(ii) was previously outside the scope of cross-compliance; or

(iii) is no longer subject to the standards of good agricultural and environmental condition under regulation 4 of the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004 as a result of the set-aside period coming to an end; and

(b) where land is to be set aside from production pursuant to Article 54 of the Council Regulation, in so far as cultivation is necessary to establish a green cover as is required by the standards of good agricultural and environmental condition under regulation 4 of the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004

(4) In this paragraph—

(a) “pesticides” means any substance, preparation or organism prepared or used for destroying any pest; and

(b) “pest” means any organism harmful to plants or to wood or other plant products, any undesired plant and any harmful creature.

(1)

In that case the farmer must comply with the provisions as to land set aside from production in regulation 4(1), (3) to (6) of, and Schedule 1 to, the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004 (S.I. 2004/3385).

(2)

In that case the farmer must comply with the provisions as to land set aside from production, in regulation 4(2) to (6) of, and Schedule 2 to, the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004.