This is the original version (as it was originally made).
2.—(1) The Agriculture (Cross compliance) (No. 2) Regulations 2009(1) are amended as follows.
(2) In regulation 5 (competent control authorities)—
(a)in paragraph (1) omit “except as otherwise specified in this regulation”;
(b)omit paragraph (2);
(c)in paragraph (4) for “and the Environment Agency enforce these Regulations, and they” substitute “enforces these Regulations, and the Secretary of State”.
(3) In Schedule 1 (standards of good agricultural and environmental condition)—
(a)for paragraph 3 substitute—
3.—(1) Overgrazing and the use of unsuitable supplementary feeding methods are prohibited.
(2) Sub-paragraph (1) does not apply where the Secretary of State has, for reasons relating to the benefit of the environment, given written permission to do so.
(3) In this paragraph—
“overgrazing” means grazing with so many livestock as to affect adversely the growth, quality or diversification of any self-seeded or self-propagated vegetation characteristic of the area in which the land is situated; and
“unsuitable supplementary feeding methods” means methods that provide supplementary feed for livestock that affect adversely, through trampling or poaching of land by livestock, or through rutting by vehicles used to transport feed, the quality or diversity of any self-seeded or self-propagated vegetation characteristic of the area in which land is situated.”;
(b)in paragraph 5 after sub-paragraph (9) insert—
“(10) Nothing in sub-paragraphs (4) to (7) applies where the Secretary of State has, for reasons relating to the benefit of the environment, given written permission to do so.”;
(c)for paragraph 6 substitute—
6.—(1) A claimant must take all reasonable steps to prevent the spread, on and from the holding, of the following weeds—
(a)broad-leafed 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 (Fallopia japonica);
(g)ragwort (Senecio jacobaea);
(h)rhododendron (Rhododendron ponticum);
(i)spear thistle (Cirsium vulgare).
(2) Sub-paragraph (1) does not apply where the Secretary of State has, for reasons relating to the benefit of the environment, given written permission to do so.”.
S.I. 2009/3365 as amended by S.I. 2010/2941.
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