SCHEDULE 2GENERAL ENVIRONMENTAL REQUIREMENTS

Regulation 11(3)(b)

  • Part I of this Schedule applies to the activities specified in Menu Options 1, 2 and 6 to 14 of Schedule 1.

  • Part II of this Schedule applies to all the activities specified in the Menu Options in Schedule 1.

  • Part III of this Schedule applies to the activities specified in Menu Options 6 to 14 of Schedule 1.

PART ITHE STANDARDS OF GOOD FARMING PRACTICE INCLUDING GOOD ANIMAL HUSBANDRY

I11

On rough grazings, unimproved grassland, reverted improved grassland, machair and dune grassland, wetlands and native, amenity or semi natural woodlands, livestock must be managed to avoid either overgrazing or undergrazing. Where the Scottish Ministers form the opinion that land was being overgrazed, a management regime including a maximum (and, where appropriate, a minimum) stocking rate to be observed on that site will be prescribed. The removal or clearance of drystone or flagstone dykes or walls, hedges and hedgerow trees will not be permitted except with the prior written approval of the Scottish Ministers. Records shall be maintained by the applicant showing that this approval has been obtained.

Annotations:
Commencement Information
I1

Sch. 2 Pt. I para. 1 in force at 15.5.2005, see reg. 1(1)

I22

Trimming of hedges and hedgerows must not be carried out between 1st March and 31st July.

Annotations:
Commencement Information
I2

Sch. 2 Pt. I para. 2 in force at 15.5.2005, see reg. 1(1)

I33

Where it is intended to undertake any operation on the land that is likely to damage any Site of Special Scientific Interest, designated pursuant to section 28 of the Wildlife and Countryside Act 198133, the prior approval of Scottish Natural Heritage must be obtained. Records shall be maintained by the applicant showing that this approval has been obtained.

Annotations:
Commencement Information
I3

Sch. 2 Pt. I para. 3 in force at 15.5.2005, see reg. 1(1)

I44

If a new silage or slurry storage facility is constructed on the land, the Scottish Environment Protection Agency must be notified before it is used. Records showing that this notification has been given must be maintained by the applicant.

Annotations:
Commencement Information
I4

Sch. 2 Pt. I para. 4 in force at 15.5.2005, see reg. 1(1)

I55

Prior authorisation must be obtained from the Scottish Environment Protection Agency before any sheep dip is disposed of on the land. Records showing that this authorisation has been obtained, and records detailing the manner of disposal of the sheep dip, shall be maintained by the applicant.

Annotations:
Commencement Information
I5

Sch. 2 Pt. I para. 5 in force at 15.5.2005, see reg. 1(1)

I66

Prior authorisation must be obtained from the Forestry Commission before the felling of any trees on the land. Records shall be maintained by the applicant showing that this approval has been obtained.

Annotations:
Commencement Information
I6

Sch. 2 Pt. I para. 6 in force at 15.5.2005, see reg. 1(1)

I77

Animals must not be caused any unnecessary pain or suffering and must be inspected at regular intervals. Animals kept in buildings must have access to a well maintained drying area. Animal buildings must be constructed in such a way that will not be harmful to animals. Where necessary artificial light must be provided and animals must not be kept without an appropriate rest from artificial light. Animals must be fed a diet of sufficient quality and quantity to maintain them in good health and to satisfy their nutritional needs. All animals must have access to feed at appropriate intervals (at least once a day) and a suitable water supply or be able to satisfy their fluid intake needs by other means. Animals must not have their movement restricted in such a way as to cause them unnecessary suffering or injury.

Annotations:
Commencement Information
I7

Sch. 2 Pt. I para. 7 in force at 15.5.2005, see reg. 1(1)

I88

Only those persons who have the appropriate ability, knowledge and professional competence may attend to animals.

Annotations:
Commencement Information
I8

Sch. 2 Pt. I para. 8 in force at 15.5.2005, see reg. 1(1)

I99

Ill or injured animals must be cared for appropriately and without delay and, where necessary, veterinary advice must be obtained as soon as possible. Records must be maintained and retained by the applicant for 3 years of all medicinal treatment given to animals and of all mortalities.

Annotations:
Commencement Information
I9

Sch. 2 Pt. I para. 9 in force at 15.5.2005, see reg. 1(1)

PART IIENVIRONMENTAL LEGISLATION

Water pollution

I101

The Control of Pollution Act 197434.

Annotations:
Commencement Information
I10

Sch. 2 Pt. II para. 1 in force at 15.5.2005, see reg. 1(1)

I112

The Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 200535.

Annotations:
Commencement Information
I11

Sch. 2 Pt. II para. 2 in force at 15.5.2005, see reg. 1(1)

I123

The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 200336.

Annotations:
Commencement Information
I12

Sch. 2 Pt. II para. 3 in force at 15.5.2005, see reg. 1(1)

I134

The Groundwater Regulations 199837.

Annotations:
Commencement Information
I13

Sch. 2 Pt. II para. 4 in force at 15.5.2005, see reg. 1(1)

Air pollution

I145

The Clean Air Act 199338.

Annotations:
Commencement Information
I14

Sch. 2 Pt. II para. 5 in force at 15.5.2005, see reg. 1(1)

I156

The Hill Farming Act 194639.

Annotations:
Commencement Information
I15

Sch. 2 Pt. II para. 6 in force at 15.5.2005, see reg. 1(1)

Fertilisers and pesticides

I167

The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 200340.

Annotations:
Commencement Information
I16

Sch. 2 Pt. II para. 7 in force at 15.5.2005, see reg. 1(1)

I178

Part III of the Food and Environment Protection Act 198541 and the Control of Pesticides Regulations 198642.

Annotations:
Commencement Information
I17

Sch. 2 Pt. II para. 8 in force at 15.5.2005, see reg. 1(1)

I189

The Plant Protection Products Regulations 199543.

Annotations:
Commencement Information
I18

Sch. 2 Pt. II para. 9 in force at 15.5.2005, see reg. 1(1)

Designated sites

I1910

The Ancient Monuments and Archaeological Areas Act 197944.

Annotations:
Commencement Information
I19

Sch. 2 para. 10 in force at 15.5.2005, see reg. 1(1)

I2011

The Wildlife and Countryside Act 198145.

Annotations:
Commencement Information
I20

Sch. 2 para. 11 in force at 15.5.2005, see reg. 1(1)

I2112

The Conservation (Natural Habitats etc.) Regulations 199446.

Annotations:
Commencement Information
I21

Sch. 2 para. 12 in force at 15.5.2005, see reg. 1(1)

I2213

The Ancient Monuments (Class Consents) (Scotland) Order 199647.

Annotations:
Commencement Information
I22

Sch. 2 para. 13 in force at 15.5.2005, see reg. 1(1)

Forestry ManagementI2314

The Forestry Act 196748.

Annotations:
Commencement Information
I23

Sch. 2 para. 14 in force at 15.5.2005, see reg. 1(1)

Animal WelfareI2415

The Welfare of Farmed Animals (Scotland) Regulations 200049.

Annotations:
Commencement Information
I24

Sch. 2 para. 15 in force at 15.5.2005, see reg. 1(1)

PART IIIGENERAL ENVIRONMENTAL CONDITIONS

I251

To avoid damage to the conservation interest of rough grazings, unimproved grassland, reverted improved grassland, machair and dune grassland, wetlands, water margins, and native, amenity or semi natural woodlands, new drainage works, ploughing, clearing, levelling, re seeding or cultivating may not be undertaken. Livestock must be managed to avoid poaching.

Annotations:
Commencement Information
I25

Sch. 2 Pt. III para. 1 in force at 15.5.2005, see reg. 1(1)

I262

Pesticides, lime or fertiliser (including farmyard manure and slurry) must not be applied to rough grazings, unimproved pasture, reverted improved grassland, machair and dune grassland, wetlands, water margins, native, amenity or semi natural woodlands and scrub, except in exceptional circumstances and only with the prior written approval of the Scottish Ministers. Records shall be maintained by the applicant showing that this approval has been obtained.

Annotations:
Commencement Information
I26

Sch. 2 Pt. III para. 2 in force at 15.5.2005, see reg. 1(1)

I273

Injurious weeds to which the Weeds Act 195950 applies must be controlled to prevent their spread and to avoid the risk of damage to the conservation interest of any habitat or feature on the land.

Annotations:
Commencement Information
I27

Sch. 2 Pt. III para. 3 in force at 15.5.2005, see reg. 1(1)

I284

Muirburn may only be carried out in accordance with guidance approved by the Scottish Ministers.

Annotations:
Commencement Information
I28

Sch. 2 Pt. III para. 4 in force at 15.5.2005, see reg. 1(1)

I295

The damage or destruction of any historic or archaeological features or areas must be avoided and guidance approved by the Scottish Ministers must be followed for the protection of such features or areas.

Annotations:
Commencement Information
I29

Sch. 2 Pt. III para. 5 in force at 15.5.2005, see reg. 1(1)

I306

Guidance, approved by the Scottish Ministers, on the prevention of environmental pollution from agricultural activity must be followed for the avoidance of pollution or to minimise the risk of pollution.