The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

Regulation 18(1)

SCHEDULE 2U.K.Standards for Good Agricultural and Environmental Condition

This schedule has no associated Explanatory Memorandum

InterpretationU.K.

1.  In this Schedule—

“beneficiary” means a beneficiary to whom Article 91 of the Horizontal Regulation applies;

“earth bank” means a mound, without a hedgerow, which is distinct from the surrounding land form, is or was once used as a boundary and has—

(a)

a continuous length of at least 10 metres;

(b)

a continuous length of less than 10 metres which meets (whether by intersection or junction) another boundary at each end; or

(c)

a continuous length of less than 10 metres which forms an enclosure;

“hedgerow” means, except as otherwise provided in [F1paragraph 5(1A)], a hedgerow to which the Hedgerows Regulations 1997 M1 apply;

“holding” has the meaning given by Article 91(3)(a) of the Horizontal Regulation;

“land” means land on a holding;

“weed” means any of the following—

(a)

broad-leaved dock (Rumex obtusifolius);

(b)

creeping or field thistle (Cirsium arvense);

(c)

curled dock (Rumex crispus);

(d)

giant hogweed (Heracleum mantegazzianum);

(e)

Himalayan balsam (Impatiens glandulifera);

(f)

Japanese knotweed (Reynoutria japonica);

(g)

ragwort (Senecio jacobaea);

(h)

rhododendron (Rhododendron ponticum);

(i)

spear thistle (Cirsium vulgare).

Textual Amendments

Marginal Citations

Specified provisionsU.K.

2.  Breach of any of the following provisions constitutes a non-compliance.

1 This is restricted to visible footpaths and other highways to which this section applies.

2 This must be complied with by all beneficiaries whether or not the holding is in a nitrate vulnerable zone in accordance with those Regulations.

3 The exception in regulation 4(c) to the prohibition on burning crop residue of a kind specified in Schedule 1 to those Regulations applies only if the burning of straw stack remains or broken bales does not result in the burning of arable stubble.

ProvisionSubject
The Forestry Act 1967 M2
section 9Felling trees
section 24Failure to comply with a notice
The Ancient Monuments and Archaeological Areas Act 1979 M3
section 2Carrying out works on a scheduled monument
The Highways Act 1980 M4—
section 131ADisturbance of surface of a footpath or other specified highway1
section 134(3)Failing to restore a footpath or bridleway after ploughing, etc1
section 137Obstructing a footpath or other specified highway1
section 146Maintenance of stiles etc
The Wildlife and Countryside Act 1981 M5
section 28E(1)Carrying out specified operation on a site of special scientific interest
section 28P(6A)Destroying or damaging flora, fauna or features, or disturbing fauna, on a site of a special scientific interest
section 28P(8)Failure to comply with a management notice
section 31(5)Failure to comply with a restoration order
The Town and Country Planning Act 1990 M6
section 210(1)Failure to comply with a tree preservation order
section 211Act which might be prohibited by tree preservation regulations
The Water Resources Act 1991 M7
section 24(1), so far as it relates to irrigation purposesAbstracting water without, or in breach of, a licence
The Crop Residues (Burning) Regulations 1993 M8
regulation 4(b)Crop burning
regulation 4(c)Crop burning3
regulation 5Crop burning
The Hedgerows Regulations 1997
regulation 5Removing a hedgerow
The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 M9
regulation 4(1)Carrying out a relevant project
regulation 22Failure to comply with an enforcement notice
The Environmental Impact Assessment (Agriculture) (England) (No 2) Regulations 2006 M10
regulation 4, so far as it relates to an uncultivated land projectCarrying out an uncultivated land project, etc
regulation 9, so far as it relates to an uncultivated land projectCarrying out a significant project
regulation 26Breach of a stop notice
regulation 28Failure to comply with a remediation notice
The Heather and Grass etc Burning (England) Regulations 2007 M11
regulation 5(2)Burning specified vegetation
regulation 6(1)(a)Burning specified vegetation
[F2The Nitrate Pollution Prevention Regulations 2015] 2
[F3regulation 16(4)]Spreading manufactured fertiliser near surface water
[F4regulation 17]Spreading organic manure near surface water, boreholes, springs or wells
[F5the Environmental Permitting (England and Wales) Regulations 2016]
regulation 12(1)(b), so far as it relates to groundwater activityCausing or knowingly permitting a groundwater activity except under and to the extent authorised by an environmental permit
[F6regulation 35(2)] and Schedule 22Failure to comply with requirements relating to groundwater activities

Textual Amendments

Marginal Citations

M21967 c. 10. Section 9 was amended by Schedules 1 and 2 to the Forestry Act 1979 (c. 21), paragraph 13 of Schedule 16 to the Electricity Act 1989 (c. 29), paragraph 14(1) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11), regulation 2 of S.I. 1985/1958 and paragraph 2 of Schedule 4 to the Countryside and Rights of Way Act 2000 (c. 37). The provisions of section 24 were extended to restocking notices by section 1 of the Forestry Act 1986 (c. 30), which inserted sections 17A to 17C into the Forestry Act 1967 (c. 10). Section 24 was amended by article 5(2) and (3) of S.I. 2006/780.

M31979 c. 46. Section 2(1) was amended by paragraphs 16 and 17 of Schedule 2 to the Planning Act 2008 (c. 29). Section 2(5) was amended by section 33(3) and paragraph 27 of Schedule 4 to the National Heritage Act 1983 (c.47).

M41980 c. 66. Section 131A was inserted by section 1(2) of the Rights of Way Act 1990 (c.24). Section 134 was substituted by section 1(3) of the Rights of Way Act 1990. Section 137 was amended by sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48), and sections 26(1) and 119 of, and Part 1 of Schedule 7 to, the Police and Criminal Evidence Act 1984 (c. 60). Section 146 was amended by paragraph 25 of Schedule 4 to the Local Government Act 1985 (c.51), regulation 2 and Part 1 of the Schedule to S.I. 2006/1177. Section 146(5)(aa) was inserted by section 69(4) of the Countryside and Rights of Way Act 2000.

M51981 c. 69. Sections 28E(1), 28P and 31 were substituted by section 75(1) of and paragraph 1 of Schedule 9 to, the Countryside and Rights of Way Act 2000. Section 28E(1) was amended by paragraph 79 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c.16). Section 28P(6A) was inserted by section 55(1) and (3) of the Natural Environment and Rural Communities Act 2006. Section 31(5) was amended by sections 37 and 46 of the Criminal Justice Act 1982.

M61990 c. 8. Section 210 was amended by paragraphs 7, 13(1), 13(2)(a),(b) and (c) and 4 of Schedule 8 to the Planning Act 2008. Section 211 was amended by paragraphs 14(a) and (b) of Schedule 8 and paragraph 36(2) and (3) of Schedule 2 to the Planning Act 2008, and section 86 of the Planning and Compulsory Purchase Act 2004 (c. 5).

M71991 c. 57. Section 24(1) was amended by S.I. 1996/593 and 2013/755.

M8S.I. 1993/1366. Section 24(1) was amended by paragraph 8 of Schedule 2 to S.I. 1996/593.

Soil protectionU.K.

3.—(1) A beneficiary must take all reasonable steps to ensure that land is covered by crops, stubbles, residues or other vegetation to protect the soil unless—

(a)the beneficiary has an agronomic justification for not taking such steps, or

(b)taking such steps would conflict with the requirements of sub-paragraph (3).

(2) A beneficiary has an agronomic justification for not taking such steps if and for as long as—

(a)the absence or removal of such cover is—

(i)permitted under the terms of any commitment,

(ii)permitted under Chapter 3 of Title III of the Direct Payments Regulation,

(iii)permitted under Chapter 3 of the Direct Payments Delegated Regulation;

(iv)for the purpose of establishing habitat conditions beneficial for biodiversity or wildlife;

(v)for the purpose of removing turf for use otherwise than as a fuel;

(b)the land is being prepared as a seedbed for sowing the subsequent crop and is sown with a crop within 14 days of having been so prepared or, if that is not reasonably practicable due to weather conditions, as soon as reasonably practicable thereafter;

(c)the land is being managed for the control of pests, diseases or weeds;

(d)the land is being used for the installation and maintenance of field drains;

(e)the land is heathland to which restoration techniques are being applied;

(f)the land is not so covered due to the burning of “specified vegetation” within the meaning of regulation 2 of the Heather and Grass etc Burning (England) Regulations 2007, in accordance with regulation 5(2) or 6(1)(a) of those Regulations;

(g)the land is used for outdoor pig or poultry production or out-wintered livestock where it is not reasonably practicable to maintain such cover due to the actions of the animals;

(h)the action of frost on the land over the winter is being used to break down the soil naturally to create a seedbed for spring cropping;

(i)the land is peat land, to the extent that the soil is already bare provided that the beneficiary did not cause it to be in that condition; or

(j)the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission not to take such steps.

(3) A beneficiary must take all reasonable steps to prevent excessive soil erosion on the land.

(4) In sub-paragraph (3), “excessive soil erosion” means soil loss or degradation—

(a)over a single area, crossing permanent boundary features (if any), of at least 1 hectare, or

(b)caused by livestock trampling alongside a watercourse over a single stretch, crossing permanent boundary features (if any), which is at least 2 metres wide for a continuous length of 20 metres.

Protection of watercoursesU.K.

4.—(1) A beneficiary must take all reasonable steps to maintain a green cover on, and must not cultivate, or apply fertilisers or pesticides to land—

(a)within 2 metres of the centre of a watercourse or field ditch; or

(b)from the edge of the watercourse or field ditch to 1 metre on the landward side of the top of the bank of the watercourse or field ditch.

(2) Sub-paragraph (1) does not apply—

(a)in relation to the use of pesticides, if the only application of pesticides is the spot-application of herbicides to control the spread of any weeds;

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)to the extent that the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission to do so.

(3) A beneficiary may cultivate the land referred to in sub-paragraph (1) in order to establish a green cover if that land does not already have a green cover, and is—

(a)part of a field that has been created by the merger of two or more fields;

(b)land created by the division of a field; or

(c)land previously excluded from the provisions of cross-compliance.

(4) A beneficiary [F8who spreads organic manure] must produce and keep a map (which may be the map produced for the purposes of [F9regulation 15 of the Nitrate Pollution Prevention Regulations 2015]) showing—

(a)the holding,

(b)all surface waters on the holding and land within 10 metres of them,

(c)all boreholes, springs and wells on the holding or within 50 metres of the holding boundary and land within 50 metres of them,

and if circumstances change, the beneficiary must update the map within three months of the change.

[F10(5) In this paragraph, “organic manure” means a nitrogen fertiliser or phosphate fertiliser derived from animal, plant or human sources (and includes livestock manure).]

Textual Amendments

Hedgerows and treesU.K.

5.—(1) A beneficiary must take all reasonable steps to maintain a green cover on, and must not cultivate, or apply fertilisers or pesticides to land—

(a)within 2 metres of the centre of a hedgerow; F11...

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(1A) For the purposes of the application of sub-paragraph (1) to land on the side of a hedgerow that is facing away from a dwelling, where the hedgerow marks a boundary of the curtilage of a dwelling, regulation 3(3) of the Hedgerows Regulations 1997 (exclusion from the definition of hedgerow any hedgerow within the curtilage of, or marking the boundary of the curtilage, of a dwelling) does not apply.]

(2) Sub-paragraph (1) does not apply—

(a)to land on either side of a hedgerow mentioned in sub-paragraph (1)(a) or (b) that is less than 5 years old;

(b)in relation to the use of pesticides, if the only application of pesticides is the spot-application of herbicides to control the spread of any weeds;

(c)to cultivation for the purposes of casting up a traditional hedgebank between and including 1st September and the last day of February;

(d)to land forming part of a parcel of 2 hectares or less, as measured within permanent boundary features;

(e)to the extent that the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission to do so.

(3) For the purposes of paragraph [F13(2)(c)], a traditional hedgebank is an earth bank faced with turf or stone and topped with hedge plants.

(4) A beneficiary may cultivate the land referred to in sub-paragraph (1) in order to establish a green cover if that land does not already have a green cover, and is—

(a)part of a field that has been created by the merger of two or more fields;

(b)land created by the division of a field; or

(c)land previously excluded from the provisions of cross-compliance.

(5) Cutting or trimming a hedgerow or tree is not permitted in the cutting ban period except in accordance with sub-paragraph (6), (7), (8) or (9).

(6) Cutting or trimming a hedgerow or tree in the cutting ban period is permitted if—

(a)the hedgerow or tree—

(i)overhangs a highway, other way to which the public have access, easement or surfaced track so as to endanger or obstruct the passage of vehicles, pedestrians or horse-riders;

(ii)obstructs or interferes with the view of drivers of vehicles or the light from a public lamp; or

(iii)is dead, diseased, damaged or insecurely rooted, and because of its condition it poses a risk to human safety;

[F14(b)the tree—

(i)is a fruit or nut tree in an orchard; or

(ii)forms part of a wind break in or adjacent to a hop garden, hop yard, orchard or vineyard; or]

(c)the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission to do so.

(7) Cutting or trimming a hedgerow, or a tree growing in a hedgerow, in August is permitted if—

(a)the hedgerow is in a field which in that month is—

(i)sown with a crop of oil seed rape; or

(ii)re-seeded with temporary grass; and

(b)the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission to do so.

(8) Hedgerow-laying and hedgerow and tree coppicing are permitted from 1st March to 30th April (both those dates included).

(9) Trimming a hedgerow by hand is permitted for six months after the hedgerow is laid.

(10) In this paragraph—

“the cutting ban period” means 1st March to 31st August (both those dates included);

[F15“tree” means a tree with a diameter exceeding 8 centimetres or, in the case of coppice or underwood, with a diameter exceeding 15 centimetres, where the diameter is measured over the bark at a point 1.3 metres above the ground level;]

[F16“wind break” means a row of trees maintained for the purpose of protecting a hop garden, hop yard, orchard or vineyard from the wind.]

Textual Amendments

Stone walls, stone banks and earth banksU.K.

6.—(1) The following is prohibited—

(a)removing a stone wall or stone from a stone wall;

(b)removing a stone bank or any earth or stone from a stone bank;

(c)removing an earth bank or any earth from an earth bank.

(2) Sub-paragraph (1) does not apply—

(a)to widening an existing gateway in a wall to no more than 10 metres in order to provide access to the land for machinery or livestock, and in that case the ends of the wall created by the widening operation must be finished with a vertical face;

(b)to removing a stone wall or stone from a stone wall to use it to repair another stone wall on the holding which is in better condition than the stone wall which is removed or from which the stone is removed;

(c)to removing stone or earth from a stone bank or earth bank to use it to repair another stone bank or earth bank on the holding which is in better condition than the stone bank or earth bank which is removed or from which the stone or earth is removed; or

(d)if the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission to do so.

(3) In this paragraph—

“stone bank” means an earth bank faced with natural stone;

“stone wall” means a stone wall that is or was once used as a boundary which has—

(a)

a continuous length of at least 10 metres;

(b)

a continuous length of less than 10 metres which meets (whether by intersection or junction) another boundary at each end; or

(c)

a continuous length of less than 10 metres which forms an enclosure.