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

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Management of land which is not in agricultural production

7.—(1) Except where sub-paragraph (2) applies, and except on land which is set aside pursuant to a set aside obligation under Article 54 of the Council Regulation, on any eligible hectare which is not used for agricultural production a farmer must—

(a)cut down any scrub and cut down or graze any rank vegetation at least once every 5 years, but—

(i)where vegetation has not been cut down or grazed for 3 years, he or she must only cut down or graze 50% of the area of that vegetation in either of the next two years; and

(ii)he or she must not cut down or graze any vegetation between 15th March and 31st July in any year, unless cutting or grazing are necessary in order for the farmer to comply with paragraph 8 (control of weeds);

(b)on any land which has carried a crop of oil-seeds, grain legumes or cereals which has been harvested using a combine harvester or a mower, establish a green cover (either through sowing or self-seeding) as soon as is practicable on or after 1st March in the first year after the land has ceased to be used for agricultural production, unless the farmer can prove that he or she intends to bring the land back into agricultural production before 15th May in that year;

(c)not use the land for non-farm vehicular use;

(d)not apply any inorganic fertiliser to the land;

(e)not apply organic fertilisers to the land, except as part of seedbed preparation during a period beginning two months before the day the crop is sown.

(2) The requirements under sub-paragraph (1), or any particular requirement specified, do not apply where—

(a)the requirement in sub-paragraph (1)(a)(ii) would conflict with the farmer’s obligations under paragraph 8 or 9 of this Schedule (control of weeds);

(b)the requirements in sub-paragraphs (1)(a) and (b) would conflict with the farmer’s obligations under paragraph 24 of this Schedule (protection of scheduled monuments);

(c)any of the requirements would conflict with the farmer’s obligations under paragraphs 17 to 20 of this Schedule (sites of special scientific interest);

(d)any of the requirements would, in relation to a particular area of land, conflict with an obligation on the farmer under an agri-environment commitment; or

(e)the National Assembly has in order to enhance the environment, given the farmer written permission to manage the land in a different way.

(3) In this paragraph, “eligible hectare” has the meaning given to it by Article 44(2) of the Council Regulation.

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