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

Regulation 3

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 countryside21;

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)22;

c

a management agreement entered into under—

i

section 16 of the National Parks and Access to the Countryside Act 194923;

ii

section 15 of the Countryside Act 196824;

iii

section 7 of the Natural Environment and Rural Communities Act 200625;

d

an approved project in respect of which financial assistance is paid under the Energy Crops Regulations 200026;

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 Development27.

2

Any action carried out F1on the land —

F2a

by virtue of, or in connection with, any power or authorisation conferred by or under any enactment, provided that following the completion of the action the agricultural land will be in good agricultural and environmental condition for the purposes of Article 6(1) of Council Regulation (EC) No 73/2009;

F3b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.