Amendments
8. In the Schedule—
(a)In paragraph 1 (Soil assessment record booklet), in sub paragraph (3) substitute—
“(3) If a farmer has completed a resource management plan in accordance with the requirements of an agri-environment commitment then the farmer does not have to comply with the provisions of this Regulation”;
(b)In paragraph 7 (Management of land which is not in agricultural production)—
(i)In sub paragraph (1) delete “, and except on land which is set aside pursuant to a set aside obligation under Article 54 of the Council Regulation,” and for “eligible hectare” substitute “agricultural land”.
(ii)Delete sub paragraph (3).
(c)After paragraph 24 (Scheduled monuments) insert—
“Abstraction of water for irrigation
25. A farmer who abstracts water for irrigation purposes must comply with section 24 (Restrictions on abstraction) of the Water Resources Act 1991(1).
Protection of landscape features
26.—(1) A farmer must not without the prior consent referred to in sub paragraph (2)—
(a)remove or damage a pond or ditch;
(b)cultivate land within 1 metre of a traditional boundary to agricultural land.
(2) Prior consent may be given—
(a)by the Welsh Ministers;
(b)by or under any enactment, another authority, as is to be notified to the farmer by the Welsh Ministers when the farmer applies to them for consent.
(3) For purposes of this paragraph—
(a)“ditch” includes a dry ditch;
(b)“traditional boundary” includes a stone wall, stone faced bank, hedge, earth bank, slate fence, stone gate post, stile, tree, shrub, ditch and a watercourse.”
1991 c. 57. Section 24(1) was amended by section 120 of, and paragraph 128 of Schedule 22 to, the Environment Act 1995.