The Tir Cynnal (Wales) Regulations 2006

SCHEDULE

PART 1— WHOLE FARM SECTION

Conditions to be complied with in relation to the whole of the land under agreement. The conditions are as follows:

• FIELD BOUNDARIES

  • Retain all traditional field boundaries (hedgerows, dry stone walls, earth banks with or without stone face, slate fences) and associated features (stone gateposts, stone stiles).

  • Any maintenance work undertaken on traditional boundaries should use traditional materials and methods.

  • Leave at least 25% of hedgerows including any bank hedgerows untrimmed in any one year, with each hedge being left uncut at least one year out of every four (except where highway and/or health and safety requirements preclude this along roadsides).

  • Do not cut hedges between 1 March and 31 August (except where highway and/or health and safety requirements preclude this along roadsides).

• FIELD BOUNDARY BUFFER ZONES

  • Do not cultivate, apply fertilisers, lime, herbicides or other pesticides (unless spot treating injurious weeds or invasive alien species such as Japanese knotweed, Himalayan Balsam, Giant Hogweed or Rhododendrons, as more particularly specified in Section 1 of the Weeds Act 1959, and any other weeds subsequently prescribed by regulations under the Weeds Act 1959) within a buffer strip of 1m width from the outside edge of the base of a traditional field boundary (on both sides).

• TREES

  • Retain individual trees. If possible, encourage natural regeneration to replace lost trees, otherwise replant using saplings of local provenance.

  • Do not damage (e.g. by pesticide drift) trees and associated plants and animals

  • Any management should follow the guidelines for bats in trees.

  • Retain dead trees unless they cause a hazard or obstruction

• PUBLIC ACCESS

  • Comply with legal requirements relating to existing public rights of way that are on land, including avoiding obstructing them, and reinstating them after ploughing.

  • Allow access on foot on land identified as available for such access on the maps prepared by the Countryside and Rights of Way Act 2000

• LANDSCAPE AND HISTORIC FEATURES

  • Safeguard archaeological or historic features from damage by stock, vehicles, cultivation or land reclamation. Trees should not be planted nor stones removed.

  • Maintain weatherproof and structurally sound traditional buildings in a state of good repair, using traditional materials.

  • Sound and weatherproof traditional buildings that have been modified using modern materials should be maintained but the modern components may be repaired or replaced with modern materials.

  • Other traditional, sound and well maintained landscape features (e.g. sheepfolds, stone slab bridges) must be maintained.

  • Derelict or remnant historic features and traditional buildings must be retained unless they cause a hazard.

  • Do not disturb protected species that may be using these sites.

  • Use of metal detectors must comply with the Treasure Act 1996.

• ROCK FEATURES AND LANDFORMS

  • Safeguard rock features and geological sites by avoiding physical disturbance. Do not extract rock, scree, sand, shingle, gravel, clay or peat (except from existing quarries for on-farm use) and do not burn vegetation on rocky areas.

  • Maintain a 2m buffer zone around rock features without using cultivation, fertilisers, lime, herbicides or other pesticides, (unless for spot treatment of injurious weeds or invasive alien species).

• RUBBISH

  • Keep the farm clear of rubbish and avoid dumping rubbish such as derelict vehicles and disused domestic appliances, in the fields or curtilage of the farmstead.

• SOIL AND WATER

  • Protect all water features — lakes, ponds, rivers, streams and ditches from damage due to leaching of manure, fertilisers, other chemicals and spray drift from adjacent fields.

  • Do not cultivate or apply fertilisers, off-farm wastes, lime, pesticides or other chemicals to land within 1m of a water feature.

  • Do not apply farm yard manure or slurry within 10m of a water feature.

  • Manage the land in order to avoid excessive poaching of the soil to the extent that it impairs the environment beyond the site itself, through run-off and soil erosion leading to pollution and increased sedimentation of watercourses.

  • Avoid heavy grazing where this results in the removal of vegetation leading to soil erosion.

  • Avoid excessive erosion of the banks of watercourses and pollution of the water by livestock and where necessary control access.

• NON-NATIVE SPECIES

  • Do not introduce any non-native animal or plant species, other than for agricultural production, to the land.

• PROTECTED SPECIES

  • Do not disturb protected species like dormice, bats, water voles, otters and badgers and consult the CCW or Welsh Assembly Government and obtain any necessary licence before undertaking work where protected species are present.

• ANIMAL WELFARE AND WILDLIFE PROTECTION

  • Comply with the relevant Welsh Assembly Codes for the Welfare of Livestock.

PART 2 — WILDLIFE HABITATS

It is a requirement of the Tir Cynnal Scheme that the existing wildlife habitats on the agreement land are protected from damage. At least 5% of the agreement land must be wildlife habitat.

The main groups of wildlife habitats (which is not exhaustive) are as follows:

• Broad leaved woodland: woodland, with associated glades and rides, consisting of at least 50% native trees or yew. Wet woodland of alder or willow is included as are orchards containing standard fruit trees. Woodland that incorporate conifers may be included provided the native species content is more than 50% of the area (although those with less than 50% native species can be included if they are on ancient woodland sites)

• Scrub: areas dominated by native shrubs such as hawthorn, blackthorn, common gorse, elder, willow, birch or bramble

• Heathland: areas where at least 25% of the vegetation cover consists of dwarf shrubs such as heather, bilberry and western gorse. They occur in a range of locations from coastal and lowland areas to uplands. Upland heaths, usually above the limit of agriculture enclosure, are often associated with moorland habitats such as bogs and acid grassland.

• High mountain heaths: which are more typically dominated by mosses, lichens, a sparse grass cover and patches of unvegetated stony ground, are also included.

• Grassland: A range of habitats including unimproved grassland, semi-natural grassland, traditional hay meadows and marshy grasslands, where there has been no cultivation, reseeding, application of herbicides or drainage during the last 10 or more years. At most there will have been only light applications of inorganic fertiliser and the habitat is characterised by the absence or low levels of improved grassland species such as perennial ryegrass and white clover. If these account for more then 25% of the sward the land should be classified as improved grassland and will not be included as habitat under the Tir Cynnal scheme.

• Wetlands: Land types that include bogs, reedbeds swamps and fens. They occur on deep peat and/or with a water table at or above ground level for most of the year.

• Coastal areas: Includes saltmarshes and sand dunes, in addition to coastal scrub, heathland, and grasslands that are covered in the previous habitat groups.

The list above defines the main types of habitats, but other semi-natural areas or water bodies like ponds can be included as Tir Cynnal habitat.

• A generic set of prescriptions has to be adhered to on habitat areas on the agreement land. These are as follows:

Safeguarding Wildlife Habitats — Conditions

• Do not plough, cultivate or re seed

• Do not roll or chain harrow between 1 April and 15 July of each year.

• Do not install new drainage

• Do not clear out ditches between 1 March and 31 August

• Do not use herbicides or pesticides (other than for spot treatment of injurious weeds).

• Consult with Countryside Council Wales and/or Environment Agency Wales on bracken spraying and consider if Environmental Impact Assessment required.

• Do not apply inorganic fertilisers, purchased bagged organic fertilisers, slurry or other off-farm wastes.

• Do not apply any lime, basic slag, calcified seaweed, waste paper, sludge or other off-farm wastes

• Stock the land in line with the Code of Good Farming Practice particularly so that there is no over or under grazing.

• Avoid undertaking supplementary feeding practices where these cause damage to vegetation and poaching of the soil.

• Do not undertake supplementary feeding within broad leaved or mixed woodland.

• Avoid the rutting of vegetation by vehicles.

• Do not extract peat or remove rock.

• Retain ant hills.

• Do not remove any accumulations of seaweed.

If there is not enough land to satisfy the 5% rule existing hedgerows may be included and/or new habitats created in order to meet this requirement to count towards the habitat area.

All hedgerows are protected in the scheme under the conditions of the whole farm section in Part 1. In order to qualify towards the habitat area, such hedgerows have to:

• Be at least 2 metres wide between the edges of the hedge including associated adjacent rank vegetation — the calculation of the area of hedgerow will use 2 metres as a standard width

• Consist of native species such as hazel, hawthorn, blackthorn and holly

• Have no gaps (except for gateways and beneath hedgerow trees) between the field corners so as to provide a continuous wildlife corridor along the hedge length

• Be protected from livestock on both sides. Where livestock are not present (e.g. on arable farms) a width of 2 metres consisting of the hedge itself and associated rank vegetation have to be retained without interference of any kind

• Be completely under the Tir Cynnal agreement holder’s management control so that the Tir Cynnal agreement holder can fully implement the conditions for hedgerows in the Whole Farm Section. This means that in many cases perimeter hedgerows that you share with another farmer or those along public highways may not be eligible for inclusion as a habitat.

• If including hedgerows as habitat the 1 metre buffer strip condition has to be added to the 2m width of the hedgerow.

If the areas of habitat (together with eligible hedgerows if these have been included) amount to less than 5% of the land on the farm the farmer will need to identify areas of improved land in which to create new habitats. These additional areas, plus existing habitat will be required to reach or exceed the minimum 5%.

There are seven habitat creation options available to the farmer under the scheme. The farmer can choose one or more to suit the management of the farm. The options are as follows:

1.  Creating streamside corridors alongside watercourses.

2.  Reducing inputs to revert improved land to semi-improved

3.  Leaving uncropped cereal margins on cereal land

4.  Creating grass margins on cereal land

5.  Small scale broad leaved tree planting

6.  Establishing a wild bird cover crop

7.  Establishing a crop of unsprayed roots.

Prescriptions for the creation of a streamside corridor

• A strip of land with an average width of 10m adjacent to a watercourse should be rendered stockproof. This will normally be achieved by fencing, unless circumstances can ensure that no stock can enter (e.g. agreement land with no livestock, or areas protected by natural features). The strip should not be narrower than 6m at any point.

• Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal.

• Do not apply any farm yard manure.

Prescriptions for reducing inputs to revert improved land to semi-improved land

• Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal (refer to safe guarding wildlife habitat prescriptions in Part 2).

• Do not apply any farm yard manure.

Prescriptions for leaving uncropped margins on cereal land

• The margin should be applied to selected headlands which have to be at least 4 metres in width and up to a maximum of 12 metres, beyond the 1 metre field boundary buffer.

• The margin may be located in the same place or rotated around the agreement land in each year of the agreement. If rotated, the minimum area required to satisfy the “5% rule” should be established each year.

• The margin should be allowed to regenerate naturally.

• Exclude all livestock from the margin.

• Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal (refer to safe guarding wildlife habitat prescriptions in Part 2).

• Do not apply farm yard manure.

• Do not apply molluscicides.

• Cultivate the margin once each year between 1 October and 31 March (if the margin remains in the same location for more than one year, cultivating once every other year is permissible).

• No part of the margin is to be used for regular machine access or as a trackway. It is acceptable to trim hedges or carry out routine inspections, but where regular access is essential, the margin have to be at least 7 metres wide.

Prescriptions for grass margins on cereal land

• The margin should be applied to selected headlands which have to be a minimum of 4 metres in width and up to a maximum of 12 metres beyond the 1 metre field boundary buffer zone. The margin can be rotated annually or, provided all the prescriptions can be adhered to, it can remain in the same location.

• Complete ground cover of the margin have to be established by sowing a mixture made up of at least two of the following grass species:—

• Crested dogstail (Cynosurus cristatus)

• Yorkshire fog ( Holcus lanatus)

• Smooth stalked meadow grass (Poa pratensis)

• Sweet vernal grass (Anthoxanthum odoratum)

• Cocksfoot (Dactylis glomerata)

• Sheep’s fescue (Festuca ovina)

• Meadow fescue (Festuca pratensis)

Plus at least 3 kg/ha of either red clover, alsike clover or bird’s foot trefoil

• As long as the margin remains in the same location the existing vegetation can be retained in the second and subsequent years.

• The grass has to be left uncut and ungrazed between sowing and 15 July.

• The margin has to be cut at least once per year and the cuttings may be removed (they can be destroyed, e.g. by composting, or used, e.g. as hay, silage or green fodder).

• Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal (refer to safe guarding wildlife habitat prescriptions in Part 2).

• Do not apply farm yard manure.

• Do not apply molluscicides.

• Do not allow vehicles on to the margin between sowing and 15 July in the first year, or subsequently before 15 July if the margin is maintained in the same location for a number of years.

Prescriptions for small scale broad-leaved tree planting

• The area planted has to be on improved grassland or arable land before planting.

• The trees have to be broad-leaved native species and should be planted at a density of no less than 3 metres between trees.

• Protect the trees planted form livestock for the duration of the Tir Cynnal agreement. This will normally be achieved by fencing, unless circumstances ensure no livestock can enter (e.g. agreement land with no livestock, or areas protected by natural features).

• Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal.

• An application of farmyard manure at a rate not exceeding 25 tonnes per hectare may be applied before planting. After planting do not apply any farmyard manure.

Prescriptions for the establishment of wild bird cover crop

• Cultivate a seedbed containing at least two or three different types of crop of at least 4metres width on field margins (but whole fields are also acceptable) and establish the crop annually before 20 April. Typical species include: barley, oats, triticale, linseed, quinoa, millet, mustard, kale, teasel, fodder beet, red clover, and sainfoin.

• The crop has to not be cut or grazed before 15 March in the year following establishment.

• Do not apply insecticides, fungicides, molluscicides or herbicides (except for the spot treatment of injurious or invasive alien species).

• Use of lime or fertiliser (organic or inorganic) is permitted only at the time of crop establishment.

• Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal.

Prescriptions for establishment of unsprayed root crops

• Establish a root crop annually before 1 July (e.g. swedes or turnips) in whole fields or on field margins

• Glyphosate may be applied to destroy existing vegetation prior to establishing the crop, but no other herbicides, (except as a spot treatment for injurious weeds or invasive alien species weeds) should be used.

• Molluscicides may only be used if drilled at the time of crop establishment. No other pesticides may be used.

• Use of lime and fertiliser is acceptable.

• The crop should not be grazed before 15 October and the land should not be ploughed until 1 March in the year following establishment.

• The option is rotational and can be moved around the farm on an annual basis as long as the total area agreed is maintained.

• Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal.

PART 3 — FARM RESOURCE MANAGEMENT PLAN

Every participant will have to complete the farm resource management plan. The main section of the farm resource plan will need to be completed within 6 months of entering into a Tir Cynnal agreement.

Participants will be required to keep the document up to date, making changes to the document when required.

The Plan will need to be prepared and shown to an Assembly Officer when the farm is brought up for inspection.

If a farm produces, stores or disposes of slurry, farmyard manure or other organic waste, a Manure Management Plan is required. If a Manure Management Plan covering the agreement area is not already available, the agreement holder is required to prepare one, using the Tir Cynnal template which has been designed for that purpose.

The Manure Management Plan must be completed within twelve months of entering into a Tir Cynnal agreement.

If organic or inorganic fertiliser is applied to the agreement land, a Soil Nutrient Management Plan is required. If a Soil Nutrient Management Plan is not readily available, the other party must prepare one, using the Tir Cynnal template which has been designed for that purpose. The Soil Nutrient Management Plan must be prepared within twelve months of entering into a Tir Cynnal agreement.

The main part of the Resource Management Plan, and if they are required, the Manure and Nutrient management Plans, must be reviewed at least annually and more frequently if deemed necessary by the National Assembly.

PART 4 — PAYMENTS

Payment under the regulations will be on an annual basis per hectare as follows:

• £45.00/ha for the first 20 hectares

• £30.00/ha between 21-50 hectares

• £25.00/ha between 51-100 hectares

• £5.00/ha between 101-200 hectares

• £2.00/ha for every hectare over 200 hectares

Payments will be made annually in arrears.