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

Heather and grass burning

17.—(1) A farmer must not, in any period of the year, commence burning heather, rough grass, bracken, gorse or vaccinium on any land between sunset and sunrise.

(2) A farmer must not burn heather, rough grass, bracken, gorse or vaccinium unless—

(a) there are, where the burning is taking place, sufficient persons and equipment to control and regulate the burning during the entire period of the operation;

(b) he takes, before commencing burning and during the entire period of the operation, all reasonable precautions to prevent injury or damage to any adjacent land, or to any person or thing whatsoever on that land; and

(c) he has, not less than 24 hours and not more than 7 days before commencing burning, given notice in writing of the date or dates, time and place at which, and the extent of the area on which, it is his intention to burn—

(i) to any person who has an interest in the land either as owner or occupier, and

(ii) to any person whom he knows, or could with reasonable diligence have discovered, to be in charge of any land adjacent to that on which the burning is to take place.

(3) A farmer must not burn heather, rough grass, bracken, gorse or vaccinium—

(a) on land which is within a severely disadvantaged area, during the period within any year beginning with 16th April and ending with 30th September, or

(b) on all other land, during the period within any year beginning with 1st April and ending with 31st October,

except under, and in accordance with any conditions specified in, a licence issued by the Secretary of State M1 under regulation 7 of the Heather and Grass etc (Burning) Regulations 1986 M2 .

(4) In sub-paragraph (3), “severely disadvantaged area” means any area of land shaded pink (except land situated in the Isles of Scilly) on the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited in the Information Resource Centre, Department for Environment, Food and Rural Affairs, Lower Ground Floor, Ergon House, c/o 17 Smith Square, London SW1P 3JR.

(5) Regulations 8 and 9 of the Heather and Grass etc (Burning) Regulations 1986 apply to the giving of any notices under sub-paragraphs (2) and (3).

Marginal Citations

M1 See the definition of Minister in section 2(1) of the Heather and Grass etc (Burning) Regulations 1986 (S.I. 1987/1208). By virtue of regulation 2, the functions of the Minister were transferred to the Secretary of State for Environment, Food and Rural Affairs.

M2 S.I. 1986/428, amended by S.I. 1987/1208 and S.I. 2003/1615.