The Agriculture (Cross compliance) (No. 2) Regulations 2009

Regulation 3

SCHEDULE 2 Circumstances where a breach of Schedule 1 is not non-compliance

1.  Any action carried out under a commitment under—

(a) a scheme established under Council Regulation (EC) No 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside(1);

(b) a scheme established under Article 14, 22 to 24 or 31 of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)(2);

(c) a management agreement entered into under—

(i) section 16 of the National Parks and Access to the Countryside Act 1949(3);

(ii) section 15 of the Countryside Act 1968(4);

(iii) section 7 of the Natural Environment and Rural Communities Act 2006(5);

(d) an approved project in respect of which financial assistance is paid under the Energy Crops Regulations 2000(6);

(e) a measure listed in Article 36 of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development(7).

2.  Any action carried out—

(a) because, by virtue of any power or authorisation conferred by or under any enactment, a pipe-line, cable or pylon is being or will be laid through, or constructed on or across, the land;

(b) as a result of maintenance of a pipeline, cable or pylon being carried out or to be carried out under statutory authority on the land;

(c) in the interests of human or animal health or safety;

(d) either to enable a serious cause of harm to plant health or serious infestation of any pest or specified weed to be treated, or to permit measures to be taken to prevent the development of any such cause of harm or infestation.

(1)

OJ No L 215, 30.7.92, p. 85. This Regulation has been repealed but schemes under it are still in existence.

(2)

OJ No L 160, 26.6.1999, p. 80 as last amended by Council Regulation (EC) No 1698/2005 (OJ No L 277, 21.10.2005, p. 1).

(3)

1949 c. 97 The Nature Conservancy’s powers under section 16 of this Act to enter into agreements with owners, lessees or occupiers of land within nature reserves were transferred to the Natural Environment Research Council by section 3 of the Science and Technology Act 1965 (c.4). They were then transferred to the Nature Conservancy Council by section 1 of the Nature Conservancy Council Act 1973 (c.54), and then to the Nature Conservancy Council for England by section 132 of the Environmental Protection Act 1990 (c.43). That body was renamed English Nature by section 73 of the Countryside and Rights of Way Act 2000 (c.37). Section 26 of the Natural Environment and Rural Communities Act 2006 (c.16) provided for the transfer of English Nature’s functions in relation to such agreements to Natural England. Section 16 of the 1949 Act was amended by section 105(1) of, and paragraph 14 of Part 1 of Schedule 11 to, the 2006 Act, with the result that, from 1 October 2006, no new agreements can be entered into under section 16 with regard to England..

(4)

1968 c. 41 The Natural Environment Research Council’s powers under section 15 of this Act to enter into agreements with owners, lessees or occupiers of land within areas of special scientific interest were transferred to the Nature Conservancy Council by section 1 of the Nature Conservancy Council Act 1973 (c.54), and then to the Nature Conservancy Council for England by section 132 of the Environmental Protection Act 1990 (c.43). That body was renamed English Nature by section 73 of the Countryside and Rights of Way Act 2000 (c.37). Section 26 of the Natural Environment and Rural Communities Act 2006 (c.16) provided for the transfer of English Nature’s functions in relation to such agreements to Natural England. Section 15 of the 1968 Act was amended by section 105(1) of, and paragraph 14 of Part 1 of Schedule 11 to, the 2006 Act, with the result that, from 1 October 2006, no new agreements can be entered into under section 15 with regard to England.

(5)

2006 c. 16.

(6)

S. I. 2000/3042.

(7)

OJ No L 277, 21.10.2005, p. 1 as last amended by Council Regulation (EC) No 473/2009 (OJ No L 144, 9.6.2009, p. 3).