the stubble of the harvested crop remains in the land;

the land is left with a rough surface, following ploughing, discing, tine cultivation or any other suitable agricultural method;

the land is prepared as a seedbed for a crop, with the crop to be sown within a period of 10 days beginning with the day after final seedbed preparation;

the land is under cultivation sequences used to create a stale seedbed; or

the land is sown with a temporary cover crop, so long as, if the cover crop is grazed out or cultivated out, the condition in sub-paragraph (b) must be met on the land, as soon as is practicable without breaching the requirements in paragraph 2, and for the remainder of the period.

the soil is within 20 metres of the access point to an area of soil which is not waterlogged;

the soil forms part of a track to an area of soil which is not waterlogged;

not allow overgrazing;

not use unsuitable supplementary feeding methods;

not locate within 10 metres of a watercourse, sites where supplementary feeding for livestock is provided; or

regularly rotate sites where supplementary feeding for livestock is provided.

on any land which has carried a crop of oil-seeds, grain legumes or cereals which has been harvested using a combine harvester or a mower, establish a green cover (either through sowing or self-seeding) as soon as is practicable on or after 1st March in the first year after the land has ceased to be used for agricultural production, unless the farmer can prove that he or she intends to bring the land back into agricultural production before 15th May in that year;

not use the land for non-farm vehicular use;

not apply any inorganic fertiliser to the land;

not apply organic fertilisers to the land, except as part of seedbed preparation during a period beginning two months before the day the crop is sown.

the requirement in sub-paragraph (1)(a)(ii) would conflict with the farmer’s obligations under paragraph 8 or 9 of this Schedule (control of weeds);

the requirements in sub-paragraphs (1)(a) and (b) would conflict with the farmer’s obligations under paragraph 24 of this Schedule (protection of scheduled monuments);

any of the requirements would conflict with the farmer’s obligations under paragraphs 17 to 20 of this Schedule (sites of special scientific interest);

any of the requirements would, in relation to a particular area of land, conflict with an obligation on the farmer under an agri-environment commitment; or

the National Assembly has in order to enhance the environment, given the farmer written permission to manage the land in a different way.

the National Assembly,

by or under any enactment, another authority as shall be notified to the farmer by the National Assembly when the farmer applies to it for consent.

to widen an existing gap in the stone feature to no more than 10 metres in order to provide access to the land for machinery or livestock, but the ends of the feature created by the widening operation must be finished with a vertical face; or

if the National Assembly has given the farmer written permission to do so because it considers that the removal is necessary in the circumstances of the particular case.

“stone feature” includes a stone wall, a stone faced bank, a slate fence, and a stone gate post.

the cutting or trimming is carried out in order to maintain a ditch.

it has a continuous length of at least 20 metres; or

it has a continuous length of less than 20 metres and, at each end, meets (whether by intersection or junction) another hedgerow.

any gap resulting from a contravention of the Hedgerows Regulations 1997; and

any gap not exceeding 20 metres,

“consent”, “project” and “relevant project” have the meanings given to them in regulation 2(1) of the EIA (Uncultivated Land) Regulations; and

“the EIA (Uncultivated Land) Regulations” means the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Wales) Regulations 2002

S.I. 2002/2127.

consent has been granted for that project by the Commissioners or by the appropriate authority; or

the project is carried out in accordance with the consent (including any conditions to which the consent is subject).

“the appropriate authority” and “the Commissioners” have the meanings given to them by regulation 2(1) of the EIA (Forestry) Regulations, and “relevant project” has the meaning given to it by regulation 3(1) of those Regulations; and

“the EIA (Forestry) Regulations” means the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

S.I. 1999/2228.

there are, where the burning is taking place, sufficient persons and equipment to control and regulate the burning during the entire period of the operation;

he or she takes, before commencing burning and during the entire period of the operation, all reasonable precautions to prevent injury or damage to any adjacent land, or to any person or thing whatsoever on that land; and

on land which is within an upland area, during the period beginning on 16th April and ending on 30th September, and

on land which is not within an upland area, during the period beginning on 1st April and ending on 31st October,

any works resulting in the demolition or destruction of or any damage to a scheduled monument;

any works for the purpose of removing or repairing a scheduled monument or any part of it;

any works for the purpose of making any alteration or additions to a scheduled monument or any part of it;

any flooding or tipping operations on land in, on or under which there is a scheduled monument.

in relation to works prohibited under sub-paragraph (1)(a), he or she took all reasonable precautions and exercised all due diligence to avoid or prevent damage to the monument;

in relation to works prohibited under sub-paragraph (1)(a) or (c), he or she did not know and had no reason to believe that the monument was within the area affected by the works or, as the case may be, that it was a scheduled monument; and

in relation to any works under sub-paragraph (1) or (2), the works were urgently necessary in the interests of safety or health and that notice in writing of the need for the works was given to the National Assembly as soon as reasonably practicable.