The Arable Area Payments Regulations 1994

B GENERAL MANAGEMENT CONDITIONS APPLYING TO ALL NON-ROTATIONAL SET-ASIDE LAND

9.  The provisions in the following paragraphs in this Part of this Schedule apply to all non rotational set-aside land managed in accordance with any of the provisions of paragraphs 1 to 8 above.

Replacement of the green cover and changing management options

10.—(1) A farmer may replace existing green cover in a field with another provided that—

(a) seed sufficient to sow a replacement green cover is stored on land which the farmer farms as a single unit with the land set aside before replacement of the existing green cover is commenced;

(b) it is likely, having regard to the condition of the soil and expected climatic conditions, that sowing the stored seed at this time will result in the successful growth of a green cover;

(c) this seed is sown as soon as is practicable after the destruction of the existing green cover; and

(d) where the land is managed in accordance with a management plan approved by the Minister under paragraph 2 above, her consent is obtained before the farmer commences replacement of the green cover.

(2) The farmer shall comply with the conditions relating to one of the management options set out at paragraph 1 above in respect of the replacement green cover, unless the Minister approves a management plan in accordance with paragraph 2 above, in which case the farmer shall comply with the provisions of that plan.

11.—(1) A farmer shall ensure that cuttings produced by cutting green cover are not used for any commercial or agricultural purpose, or removed from or burnt on the set-aside land, except with the prior consent of the Minister.

(2) A farmer shall ensure that no green cover established in accordance with this Part of this Schedule is burnt, except with the prior consent of the Minister.

Application of Fertilisers, Pesticides, Herbicides and Fungicides to the Set-Aside Land

12.  A farmer shall not apply any fertiliser, waste or lime to the set-aside land except in accordance with the following paragraphs of this Part of this Schedule.

13.  A farmer may apply fertiliser to land set aside if he satisfies the Minister that the land is situated in an area known to be used as a feeding area by geese in winter and is to be managed as a feeding area for such geese.

14.  A farmer may apply organic waste to the set-aside land if that organic waste was produced on land which he farms as a single unit with the set-aside land and he satisfies the Minister, before applying the waste to the land, that he would not otherwise be able to dispose of it satisfactorily.

15.  A farmer may apply fertiliser with a total nitrogen content of not more than 30 kilograms per hectare to land managed in accordance with paragraph 6(1) above, in any year in which a new green cover is established in accordance with paragraph 6(1)(b) or (c) above.

16.  A farmer shall not store organic waste on the set-aside land unless he stores it in a field which forms all or part of the set-aside land and that organic waste is to be applied by him to that field in accordance with paragraph 12 above.

17.  A farmer shall not apply fungicides or insecticides to the set-aside land unless he satisfies the Minister that the application is necessary in order to control plant health problems which cannot be remedied by any other reasonable means.

18.  Subject to paragraph 19 below, a farmer shall not apply herbicide to the set-aside land unless—

(a) it is of a type which is absorbed into a plant primarily through the leaves and stem; and

(b) such application—

(i) is not likely significantly to damage green cover on the land;

(ii) is made prior to replacing the green cover in accordance with paragraph 10 above;

(iii) is undertaken using herbicide applied either as a spot treatment or with a wick applicator; or

(iv) is undertaken in order to create or maintain the bare fallow strip permitted under paragraph 3(c) above.

19.  A farmer may apply any herbicide to set-aside land—

(a) where the Minister is satisfied that such application is necessary to control a serious infestation of weeds or pests or the spread of any disease and any green cover is replaced following the application in accordance with paragraph 10(1)(a) and (c) above; or

(b) in order to create or maintain a bare fallow strip permitted under paragraph 3(c) above, provided that the farmer obtains the prior consent of the Minister to such application, which consent shall only be given where she is satisfied that the application of herbicides in accordance with paragraph 18(b)(iv) above has not been effective to maintain that fallow strip.

Retention of Features on the Set-Aside Land

20.  A farmer shall not damage, destroy or remove—

(a) any existing hedge or row of trees (including hedgerow trees),

(b) any existing lake, loch, ditch, watercourse, pond or pool,

(c) any existing vernacular building or stone wall; or

(d) any archaeological feature,

which is situated on or adjacent to the set-aside land unless he satisfies the Minister either that it should be damaged, destroyed or removed for environmental or for safety reasons or that he is obliged to remove it to comply with a legal requirement.