The Tir Gofal (Amendment) (Wales) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Land in Care Scheme (Tir Gofal) Regulations 1999 (as amended by the Tir Gofal and Organic Farming (Amendment) (Wales) Regulations 1999 and the Tir Gofal (Amendment) (Wales) Regulations 2001. The amendments reflect changes approved by the European Commission as part of the 2001 modifications to the Rural Development Plan. The amendments have the following effects:—

regulation 2

A more precise meaning is given to the term “hardwood” when used in the principal Regulations (regulation 2).

Schedule 2

• The rates for high mountain heath and upland heath are merged (regulation 3(2));

• the distinction between grazing land and haymeadow is removed in the entries for management of grassland (regulation 3(3) and (4));

• the distinction between blanket and raised bogs is removed (regulation 3(5) and (6);

• different rates of payment are provided for the management of improved land which is coastal grazing marsh and floodplain grassland according to the level of grazing (regulation 3(7).

Schedule 3

• The payment structure for the conversion of semi-improved grassland to unimproved grassland is simplified (regulation 4(2) and (3));

• Two entries in relation to the establishment of heathland vegetation are merged (regulation 4(4));

• Two entries in relation to saltmarshes are merged (regulation 4(5));

• The entry in relation to managing buffer zones is removed (regulation 4(6).

Schedule 4

• Payments in relation to fencing and gates are changed to provide a merged rate of payment when post and wire fencing and netting are used as part of the same exercise and vary payment rates (regulation 5(2) to (6);

• A new entry in relation to heather cutting is inserted (regulation 5(7));

• entries in relation to bracken are merged and clarified (regulation 5(8) to (10);

• entries in relation to the introduction of wild plants are merged (regulation 5(11) and (12);

• An entry in relation to eroded historic landscape sites is removed (regulation 5(12);

• Two entries in relation to ponds are merged (regulation 5(13) and (14);

• entries in relation to bunds and sluices are clarified (regulation 5(15) and (16); and

• entries in relation to hard surfacing are merged (regulation 5(12), (17), (18) and (23);

• rates in relation to wooden gates are revised (regulation 5(19) to (22).

Regulation 9

New overall limits are introduced in relation to capital activities covered by Schedule 4 and enhanced payments are introduced relating to the use of cattle (regulation 6).

Coming into force and transitional provisions

These Regulations come into force on 7th March 2003 in relation to new Tir Gofal agreements (regulations 1(1) and 7). The effect on the holders of existing agreements is also provided for in regulation 7.