The Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2011

Protection of permanent pasture

Pasture land of environmental or archaeological value

12.—(1) A farmer must not plough up pasture land of high environmental or archaeological value (whether species-rich grassland, machair habitat, pastoral woodland, heather moorland or otherwise) without all of the necessary consents or approvals required to permit that ploughing up.

(2) In this paragraph, “necessary consents or approvals” means—

(a) the prior written consent of—

(i) subject to sub-paragraph (3), Scottish Natural Heritage for land within a site of special scientific interest;

(ii) the Scottish Ministers, for land under an agri-environment agreement in connection with support paid under Article 39 of Council Regulation 1698/2005(1);

(b) approval under the EIA Agriculture Regulations; or

(c) any consent or approval by or under any other enactment which would prohibit that ploughing up.

(3) This paragraph shall not apply where the necessary consent or approval would be the consent of Scottish Natural Heritage at a site of special scientific interest so designated in consequence of its status as a European site within the meaning of regulation 10 of the Conservation (Natural Habitats, &c.) Regulations 1994(2).

Works on rough grazings and other semi-natural areas

13.—(1) A farmer must not undertake new drainage works, plough up, clear, level, re-seed or cultivate rough grazings and other semi-natural areas without approval under the EIA Agriculture Regulations.

(2) In this paragraph and paragraph 14, “rough grazings and other semi-natural areas” means land containing semi-natural vegetation including heathland, heather moorland, bog, unimproved grassland and rough grassland which is used or suitable for grazing.

Pesticides, lime and fertiliser on rough grazings and other semi-natural areas

14.  A farmer must not apply pesticides, lime or fertiliser to rough grazings and other semi-natural areas, except—

(a) as approved under the EIA Agriculture Regulations;

(b) in the case of lime or fertiliser, where no conservation damage to the diversity of species in those areas will result;

(c) in the case of pesticides, to control injurious weeds to which the Weeds Act 1959(3) applies;

(d) to control bracken with pesticides approved in accordance with the Control of Pesticides Regulations 1986(4) or the Plant Protection Products Regulations 2011(5); or

(e) to control other plants, subject to the prior written consent of the Scottish Ministers.

(1)

OJ L 277, 21.10.2005, p.1, as last amended by Council Regulation (EC) No 473/2009, (OJ L 144, 9.6.2009, p.3).

(2)

S.I. 1994/2716, relevantly amended by S.S.I. 2007/80.

(3)

1959 c.54.

(4)

S.I. 1986/1510, as amended by S.I. 1997/188, S.I. 2001/880 and S.I. 2011/2131.

(5)

S.I. 2011/2131.