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The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004

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Hedgerows

12.—(1) Except where sub-paragraphs (2), (3) or (4) apply, a farmer must not cut or trim any hedgerow on his or her farm during the period beginning on 1st March and ending on 31st August .

(2) A farmer may cut or trim a hedgerow at any time if—

(a)it is necessary to cut or trim it because it—

(i)overhangs a highway or any other road or footpath to which the public has access so as to endanger or obstruct the passage of vehicles or pedestrians;

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

(iii)overhangs a highway so as to endanger or obstruct the passage of horse-riders.

(b)it is necessary to cut or trim it because—

(i)it is dead, diseased, damaged or insecurely rooted, and

(ii)because of its condition it, or part of it, is likely to cause danger by falling on the highway, road or footpath; or

(c)the cutting or trimming is carried out in order to maintain a ditch.

(3) A farmer may carry out hedge-laying and coppicing during the period beginning on 1 March and ending on 31st March if he or she does not disturb any birds nesting in the hedgerow.

(4) A farmer may trim a hedgerow by hand during a period of six months beginning with the first day after the hedgerow was laid.

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