The Common Agricultural Policy Single Payment Scheme (Set-aside) (Wales) Regulations 2005

Management options for land set aside from production

1.—(1) Subject to sub-paragraphs (2) to (4), in respect of each field or part of a field which is set aside from production in a particular calendar year, a farmer must, during that year, comply with the conditions applicable to one of the following management options (as set out in paragraphs 2, 3 and 4 respectively) —

(a) the sown green cover option;

(b) the natural regeneration option; or

(c) the wild bird cover option.

(2) In 2005, in respect of each part of a field to which regulation 3 applies and which is set aside from production in that year, a farmer may instead comply with the conditions applicable to the under 10 metre strips option (as set out in paragraph 5).

(3) Where in 2006 or any year thereafter a farmer sets aside from production land to which regulation 3 applies, he or she must comply with the conditions applicable to the sown green cover option set out in paragraph 2 during that year.

(4) Where a farmer —

(a) has applied in writing to the National Assembly for permission to manage land set aside from production in accordance with a management plan set out in his or her application, and

(b) has obtained the written consent of the National Assembly to the plan,

the farmer must manage the land in accordance with that management plan instead of complying with the conditions set out in the following paragraphs of this Schedule that would otherwise be applicable.

(5) For the purposes of this Schedule —

“the current green cover season” (“y tymor gorchudd glas cyfredol”) means the green cover season during the current year;

“the current year” (“y flwyddyn gyfredol”) means the year referred to in sub-paragraph (1);

“the current set-aside period” (“y cyfnod neilltuo cyfredol”) means the set-aside period during the current year;

“the following year” (“y flwyddyn ganlynol”) means the calendar year immediately following the current year;

“the previous year” (“y flwyddyn flaenorol”) means the calendar year immediately preceding the current year;

“a relevant mixture of seed” (“cymysgedd perthnasol o hadau”) means a mixture of seed of crops of different types —

(a)

which is not a mixture only of different types of cereal seed or of different types of Brassica seed;

(b)

which is not a mixture only of one type of crop and legumes seed, a mixture only of cereals and legumes seed, or a mixture only of brassicas and legumes seed; and

(c)

the crops from which it would not be practicable to harvest separately; and

“seed of a relevant kind” (“hadau o fath perthnasol”) means —

(a)

grass seed;

(b)

a mixture of grass seed and the seed of native broad-leaved plants not commonly used for agricultural production (where such mixture does not contain more than 50 per cent by weight of legume seed);

(c)

mustard seed; or

(d)

phacelia seed.

(6) In paragraphs 2(1)(b), 3(1)(b), 4(1)(c) and 5(1)(b), “the relevant period” (“y cyfnod perthnasol”) in relation to a field or part of a field (as the case may be) set aside from production means —

(a) where the farmer does not intend to set aside the field or part of a field (as the case may be) from production in the following year or intends to set it aside for a non-food purpose in the following year, the current green cover season; and

(b) where the farmer intends to set aside the field or part of a field (as the case may be) from production in the following year (but does not intend to set it aside for a non-food purpose), the current set-aside period.