FAQs » Good Agricultural and Environmental Conditions (GAECs) FAQs
Good Agricultural and Environmental Conditions (GAECs) FAQs
GAEC 1 General requirements for soil management and protection
GAEC 2 Post-harvest management of land
GAEC 4 Crop residue burning restrictions
GAEC 5 Environmental Impact Assessment (EIA)
GAEC 6 Sites of Special Scientific Interest (SSSIs)
GAEC 9 Overgrazing and unsuitable supplementary feeding
GAEC 10 Heather and grass burning
GAEC 12 Agricultural land which is not in agricultural production
GAEC 14 Protection of hedgerows and watercourses
General requirements for soil management and protection
Q. Who is required to complete the Soil Protection Review?
A. The Single Payment Claimant must complete the Soil Protection Review for all parts of the land claimed under SPS or within their holding. Remember, this is the person with the entitlement; this person may not necessarily be the person who is farming the land. It is the claimant’s responsibility to ensure that the review is followed and revised at least on an annual basis.
Q. Does the requirement to complete a Soils Protection Review apply to everyone?
A. Yes, this is a requirement for all Single Payment Scheme Claimants and applies across the holding except for any area of the holding that is common land unless the farmer is the sole occupier. (Note also that an SPR is not required for land holdings of 0.3 hectares or less (excluding common land)).
Q. Do I need to do a Soil Protection Review for Cross Compliance if I have already done a Soil Management Plan for ELS?
A. Yes, the Cross Compliance Soil Protection Review is a simple farm based plan, which must be completed by all SPS claimants by the 1st September 2006 and implemented on the farm from 1st January 2007. The two approaches are different. The cross compliance obligation is a whole farm approach, in a ’ broad brush’ format. Soil management under Environmental Stewardship requires a mandatory assessment of fields, which are at a high risk of soil erosion by means of a colour-coded farm map (called a Farm Environment Record). An optional ELS Soil Management Plan can also be produced, which is based on a field-by-field approach. This can be used as the basis for planning and implementing management options to reduce the risk of runoff and soil loss. The Soil Management Plan can help farmers secure payments for improved soil management through an Environmental Stewardship agreement.
Q. Does the Soil Protection Review have to be submitted to Defra?
A. No, the claimant is required to retain the Soil Protection Review and to update it annually. In the event of an inspection you will be required to show an inspector your current review document as well as previous versions to show changes made. The SPR contains review pages for 2007-2008; you will not need to complete a new SPR unless significant land use/management changes are made.
Q. Is the Soil Protection Review available electronically?
A. Yes, it can be downloaded from the Defra and RPA websites and will be available at the same time as the paper copies are distributed. It can also be accessed and completed electronically through the Whole Farm Approach.
Q. Is there a separate Soil Protection Review required for each holding?
A. You can select to do separate reviews for each holding or you can conduct a single review which covers all of your land parcels. If you do choose to conduct a single review covering several holdings you need to be able to show that the review adequately covers different soil types and land uses.
Q. If your land crosses the border with Scotland and Wales do you include this land in your Soil Protection Review?
A. No, the Soil Protection Review only refers to the land within England.
Q. Who inspects the Soil Protection Review?
A. The RPA Inspector will check that you have an up to date Soil Protection Review. From 2007, in the event of problems that the RPA inspector identifies on your farm, a Specialist Inspector may look into your review in more detail.
Q. Can you select more than one option to address your soils issues?
A. Yes. You should select the options which are appropriate, and implement all of these from 1 January 2007.
Q. Do you need to change your Soil Protection Review if you change your farming practice?
A. Yes. You would need to update your review if you changed your farming practice or in light of other changes on your farm that effect soils. If there were significant changes it may be easier to complete a new SPR from scratch.
Q. What happens if you follow your Soil Protection Review plan but still experience problems on your farm?
A. You will be expected to make a note in your review detailing the problems. In light of these problems, you must select and employ other management options if appropriate the following year to tackle the problem. Some problems may not be resolved in just one year, and may require you to employ the same management options year on year before improvements are noticed.
Q. What do I do once I have completed my Soil Protection Review?
A. You must then implement the management option you have selected in your review from 1 January 2007. The SPR template must then be reviewed at least annually. If you have had no problems and there are no significant changes on the farm you can just sign the review and continue with the same template in the following year. If there have been or you anticipate there may be soils problems you must consider these issues and select management options to address any problems in the forthcoming year.
Q. If a farmer carries out the measures to address soil issues (as recommended in the Soil ProtectionReview and accompanying guidance) but the problem persists, what next? Will the farmer a) lose part or all of their SFP as a breach and b) will they ultimately be forced to stop growing certain crops?
A. GAEC 1 requires farmers to complete a Soil Protection Review (SPR). By completing the SPR, the farmer is demonstrating that they have considered the relevant soil risks from their farm and put in place measures to tackle them, in line with the principles of good soil husbandry. I f the farmer notices that the problem persists, despite measures being put in place, it must be highlighted in the farmer’s SPR as it is reviewed. The farmer should then consider in this review what further management is needed to minimise the problem. The farmer can seek advice on these issues at any time from either their agronomist or advisors such as Momenta.
By identifying the issues and adapting management accordingly, the SPR allows for a farmer to gradually shift towards improved practice where needed, eventually leading to the resolution of the problem. As long as the farmer can continue to demonstrate awareness of the issue, a willingness to tackle it through appropriate management practices, and conducts a revision of measures taken on an annual basis, they will not be penalised.
Although the details are still to be agreed with lawyers, where persistent and significant problems relating to soil keep occurring over a number of years, then ultimately the Secretary of State will be able to give the farmer ‘specific guidance concerning the management of his land to ensure soils are well managed’ (see Statutory Instrument 2005: No. 3459). However, this will only happen in the most severe cases, where repeat problems combine with an unwillingness on the part of the farmer to resolve the problems.
It should be noted however, that it is highly unlikely that soil problems would not be solved through good practice over time.
Post-harvest management of land
Q. In the advice to inspectors it states that once the stock have been removed from grazed cover crops the land will need to be cultivated within 10 days if weather permits. How does this affect the claiming of ELS points for over wintered Kale stubbles?
A. Paragraph 35, bullet point 2 of the advice to inspectors refers that where land is sown with a temporary cover crop, and if it is grazed out or cultivated during the autumn or winter, a rough surface must be left as soon as conditions permit. Each case will be assessed on a case-by-case basis; the 10 day period in the Inspectors guidance was a figure that was deemed to be a reasonable time period.
Q. I have a question related to paragraph 38 of the Cross Compliance Handbook for England. I currently have corn in my field put want to put in barley. Does the barley need to be sown before the 1st March?
A. No. The paragraph in question says that you may sow between harvest and the 1st March provided the conditions of GAEC 2 are met. There is, however, no requirement to sow during this period.
Waterlogged soil
Q. Sugar beet is not covered by the exemptions allowed for fresh fruit and vegetables. Can I harvest sugar beet if the soil is waterlogged?
A. Sugar beet is not exempt from the regulations and may not be harvested on waterlogged soil.
Q. Can you please clarify the definition of fresh vegetables under Paragraph 40 of the Cross Compliance Handbook for England. Presumably this would include potatoes and white cabbage grown for storage?
A. As long as the crop is defined as fruit or vegetables, but isn’t one of the excluded items (potatoes, sugar beet, mangel, swede, turnip and fodder beet), it may be lifted to meet contractual deadlines or where the quality of the produce would otherwise deteriorate.
Q. What is the farmer supposed to do when harvesting in very wet conditions?
A. GAEC 3 states that farmers must not carry out any mechanical operations on an area of waterlogged soil. Waterlogged soil is taken to mean fully saturated soils, where the whole of the plough layer is filled with water by virtue of a high water table or perched water above a compacted sub-soil. If soil really is waterlogged you should not harvest until conditions improve. This measure will only restrict harvesting in the most extreme circumstances and where farmers would be damaging their soils.
Crop residue burning restrictions
Environmental Impact Assessment (EIA)
Sites of Special Scientific Interest (SSSIs)
Q. My farm borders a river which is an SSSI because of small invertebrates found in it. I’m not sure if the riverbank is part of the SSSI or not. When I fill out the SPS form, should I declare an SSSI on it?
A. Queries relating to SSSIs must be directed to English Nature. Queries should be sent with as much detail as possible by email
Scheduled monuments
Public rights of way
Q. Can you plough and restore bridleways?
A. Public right of way is an umbrella term for all legal rights of way including bridleways. You are permitted to disturb the surface of a bridleway across a field (that is, not a field-edge bridleway) in order to plough the land.
However, if you do this you must:
Make good the surface of the bridleway to not less than its minimum width and indicate the route to members of the public and, do this within 14 days of the first disturbance if you are sowing a crop, or within 24 hours in all other circumstances.
Q. I am very confused by paragraph 63 of the Cross Compliance Handbook referring to visible public rights of way. Can you clarify what public rights of way are covered by cross compliance regulations?
A. The cross compliance regulations apply to all public rights of way that are visible as a route to a person with normal eyesight walking or riding along them. Defra’s aim is to protect characteristic landscape features in England, of which visible footpaths are one element.
Q. If a footpath runs across an arable field is it a non-compliance of cross compliance to apply pesticide onto the footpath? Do sprayer operators need to turn of the sprayer immediately over the footpath?
A. The cross compliance requirement is that you must not ‘block the free passage along a right of way’. The guidance refers to pesticides, because where the pesticides would be injurious to human health, they essentially constitute a block to free passage.
Q. Please clarify the guidance to the keeping of bulls in the Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition, on page 21 paragraphs 89 and 90.
A. The RPA states: “Para 89 outlines how any animal known to be dangerous (including bulls of any breed) should not be kept in a field to which the public have access. Para 90 outlines the exception to this rule: any bull less than 10 months old, or any bull that is not of a recognised dairy breed, and is accompanied by cows or heifers, may be kept in a field to which the public have access.”
Q. If a footpath runs across an arable field is it a non-compliance of cross compliance to apply pesticide onto the footpath? Do sprayer operators need to turn off the spray immediately over the footpath? [Paragraph 93 of the Management of Habitats and Landscape Features refers to this but it is not clear if this may be a non-compliance. Please clarify]
A. The use of pesticides on a right of way is not specifically an offence, although it could constitute an offence under Section 3 of the Health and Safety at Work Act 1974, or possibly under Section 161 of the Highways Act 1980.
A code of practice for farmers and growers published by the Health and Safety Executive advises that rights of way should not be oversprayed, and that, if the product label advises that people and animals should stay out of a crop which has been sprayed, the need for warning notices where rights of way join or cross the treated area should be considered.
Guidance on pesticide use can be found at the following website
Overgrazing and unsuitable supplementary feeding
Q. Please clarify the definitions of natural and semi-natural vegetation used in the Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition in paragraph 100, page 21.
A. The RPA states: “Both natural and semi-natural vegetation may be found in upland and lowland situations, including wetland, woodland, grassland, moor and heathland habitats, and are described as being made up of self-seeded or self propagated vegetation characteristic of the area in which the land is situated.”
Q. Am I allowed to overwinter my livestock outdoors?
A. Yes you can, provided the process does not contravene GAEC 9. Good practice guidelines are outlined in the Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition.
Q. What are the definitions of (1) overgrazing (2) sacrificial fields and (3) unsuitable supplementary feeding?
A. The RPA states:
- “Overgrazing is defined in Statutory Instrument 2004 No. 3196 to mean ‘grazing with so many livestock as to adversely affect the growth, quality or diversity of any self-seeded or self-propagated vegetation characteristic of the area in which the land is situated’”.
- “The term 'sacrifice field' as used in the Cross Compliance Guidance for Soil Management booklet refers to certain areas of land in a grassland situation which are used for out-wintering stock.”
- The term “unsuitable supplementary feeding” methods is also defined in SI 2004 No. 3196 as ‘methods that provide supplementary feed for livestock in a way that adversely affects, through trampling or poaching of land by livestock, or through rutting by vehicles used to transport feed, the quality or diversity of any self-seeded or self-propagated vegetation characteristic of the area in which the land is situate.
Q. What type of vegetation does GAEC 9 refer to?
A. The RPA states: “GAEC 9 applies to natural or semi-natural vegetation, not to vegetation normally grazed to destruction.”
Q. Please can you define more clearly natural and semi natural vegetation. For instance, if a moor land farmer has incurred overgrazing because one particular area of land had less snow cover and so the animals stood on this area and caused poaching. Should the farmer have moved the animals, and if so, where to if he is unclear over natural or semi natural definition.
A. The RPA states: “Natural or semi-natural vegetation is the self-seeded or self-propagated vegetation of the area in which the land is situated. So for the purposes of this question it covers all the vegetation that has self-seeded or self-propagated (e.g. heather which has not been planted) on the moor. Where that vegetation is in danger of being overgrazed, the farmer should ensure that alternative areas of grazing should be made available. This could be another area of natural or semi-natural vegetation (i.e. another piece of moorland), but if it is, GAEC 9 still applies, and steps should be made to protect that alternative area from overgrazing.”
Q. In The Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition booklet paragraph 104 states: “Feed with loose hay instead of silage to distribute grazing pressure.” Is this guidance or a requirement for compliance?
A. This is part of the “good practice” heading so offers guidance rather than a rule.
Q. I understand that sacrificial areas should be planned for in the soils plan made in 2006. If planning is included, then can I assume the holding can have sacrificial areas and be compliant? Similarly, does the same apply to planned supplementary feeding (e.g. not placing ring feeders next to watercourses) on improved grassland?
A. The RPA states: “Further advice on sacrificial areas follows, and this guidance should be followed as just including sacrificial areas on a soils plan does not guarantee compliance:
The Cross Compliance Guidance for Soil Management p.33 paragraph h6 states: 'If it is necessary to out-winter stock, locate any sacrifice fields on freely drained soils and not on slopes that will lead to erosion of areas of semi-natural vegetation. Cultivate in the spring to remove any compaction.' In this context, 'sacrifice field' refers to certain areas of land in a grassland situation which are used for out-wintering stock. For example, a field with poor sward that is to be cultivated and reseeded in the spring may be grazed quite hard, thus 'sacrificing' the crop/forage rather than the condition of the soil. A farmer must remember to meet all other GAEC requirements, including on overgrazing. When choosing a field for over-wintering of stock, farmers should take account of the advice provided in the Guidance for Soil Management. Some adjustment to current practice may be necessary in order to meet GAEC requirements in full.
Guidance on supplementary feeding is provided in the Cross Compliance Guidance for Soil Management 2005 Edition, which means that whilst applicants may continue to use supplementary feeding methods, they should ensure that by doing this they still comply with all GAE conditions as laid out in the guidance booklets.
Q. Horses are notoriously selective grazers and often overgraze parts of a field. In summer and especially winter, even if there is enough grass and not being over stocked, the horses can churn up small areas of land .The worry is that if an inspection falls in winter then the pasture will not be classified as good practice. When letting a paddock, often without a stable, the client has his own way of limiting the grazing so the horse does not get fat, or so the horse does not churn up part of the field. However the horse often runs the fence destroying the local sward along the fence. Telling a horse owner, with an agreement, to remove their horse to a stable because of indifferent grazing would render that paddock unusable. Usually out wintered horses are not stabled as this would greatly add to their costs. The chances of additional grazing being available are minimal during winter.
A. Firstly, the cross compliance guidance on overgrazing is concerned only with natural or semi-natural vegetation. It is unlikely that pasture used for horse grazing would fall into this category.
Secondly, in the case of damage caused by trampling or foddering, RPA would only take action where it could be shown that damage caused in the winter had not been restored naturally by the end of the growing season. Where RPA would have concerns would be in situations where, as a result of activity by livestock (or management of livestock) during the winter, vegetation was becoming overrun with invasive species (such as nettles, docks, annual meadow grass, etc.), instead of the vegetation becoming re-established.
Q. To prevent poaching of the ground around feeding stations on natural or semi-natural vegetation, can a farmer put down hard-core, wood chips or other solid materials? This will prevent poaching occurring but by putting down hardcore etc there will obviously be an effect on vegetation growth under the hardcore?
A. It is recommended that Farmers put down a hard standing where the likelihood of poaching is high. This applies to in-bye land, not areas of natural or semi-natural vegetation.
Heather and grass burning
(Currently empty)
Control of weeds
Agricultural land which is not in agricultural production
Q. Do I have to cut my GAEC 12 land?
A. Any agricultural land not used for agricultural production should be declared as OT2.
Q. Do I have to cut my GAEC 12 land?
A. You must cut scrub or graze rank vegetation on the whole area of your agricultural land that you do not use for agricultural production at least once every five years. No more than 50% of the whole area may be cut in the fourth or fifth years. You must not cut between 1 March and 31 July each year.
Q. When can I cut my GAEC 12 land?
A. You can cut your GAEC 12 land any time of the year except between 1 March and 31 July.
Q. Do I have to have 2 metre cross compliance protection zones (buffer strips) on my GAEC 12 fields?
A. You must adhere to the cross compliance requirements for GAEC 14 next to any hedgerows and watercourses in any GAEC 12 fields you have of 2 hectares or more.
Q. Can I apply organic waste materials such as slurry or manure to my GAEC 12 land?
A. You must not apply manure or slurry to the land, unless the land is known to be used as, and is managed as, a geese feeding area in winter or where it is applied as part of a seedbed preparation in a period beginning 2 months before the day that a crop is sown.
Q. Am I allowed to store organic waste on my GAEC 12 land?
A. You must not store manure or slurry on any field, unless it is for use on that field in the next growing season. Where storage on the intended field has a high risk of water pollution you may store on an adjacent field but only where the risk of pollution is low.
Q. Are there any circumstances when I could apply fertiliser to my GAEC 12 land?
A. You must not apply inorganic fertiliser to the land, unless the land is known to be used as, and is managed as, a geese feeding area in winter.
Q. Do I need to establish a green cover on my GAEC 12 land?
A. You must establish and maintain a green cover, either through seeding or natural regeneration, as soon as practicable on or after 1 March following the date when the land ceased to be in agricultural production.
Q. Are there any exemptions from establishing the green cover on my GAEC 12 land?
A. The requirement to establish and maintain a green cover does not apply if you can show that you intend to return the land to agricultural production by the following 15 May, or you are managing the land as bare fallow for the first 15 months from the date the land ceased to be in agricultural production, or you have spread soil dredge from adjacent watercourses or field ditches onto the land and you are taking reasonable steps to meet the GAEC requirements about the control of weeds. You can also ask for a derogation from the RPA from the conditions of GAEC 12 for reasons of enhancing the environment or for livestock or crop production. You should provide full details of what actions you wish to carry out.
Q. How long do I need to maintain the green cover on my GAEC 12 land?
A. Once the green cover is established you must maintain it at all times while the land remains out of production unless one of the exemptions apply.
Q. Can I cultivate my GAEC 12 land?
A. If the land is being put back into production then you can cultivate your GAEC 12 land. If the land is not being put back into production then you must maintain a green cover unless one of the exemptions apply.
Q. Do I have to rotate my GAEC 12 land?
A. GAEC 12 land is agricultural land that is voluntarily taken out of production by you and you are free to choose which land is not in production. This land can be rotated or kept out of production for a longer period of time.
Q. How do I apply for a exemption (derogation) from the requirements for GAEC 12?
A. You should write to RPA to request a derogation. Letters and emails should be clearly headed 'Cross Compliance Derogation' and sent to Rural Payments Agency, PO Box 1058, Newcastle, NE99 4YQ or email. You may wish to provide photographic evidence or third party independent advice to support your request.
Q. Are there any exemptions from the GAEC 12 conditions?
A. You can ask for a derogation from the RPA from the conditions of GAEC 12 for reasons of enhancing the environment or for livestock or crop production. You should provide full details of what actions you wish to carry out.
Q. My green cover for GAEC 12 has not established. What should I do?
A. You should write to RPA to request a derogation explaining the circumstances and what actions you wish to take to resolve the problem.
Q. Can I use pesticides on my GAEC 12 land?
A. You are permitted to use pesticides on your GAEC 12 land as long as it is in accordance with GAEC 12 and all other aspects of cross compliance. You must not apply pesticides within your GAEC 14 protection zones on your GAEC 12 land.
Q. Am I allowed to store waste other than organic waste on my GAEC 12 land?
A. You must maintain a green cover on your GAEC 12 land so are unable to store waste on this land. Storage of waste material on your land may also render this area ineligible for SPS.
Q. How can I control weeds on my GAEC 12 land?
A. You must take all reasonable steps to control any of the weeds listed under GAEC 11. The requirement to control these weeds takes precedence over the need to maintain a green cover on GAEC 12 land. If you have a infestation of blackgrass, couch, creeping thistle or dock then you may manage the land as bare fallow but cutting or ploughing only where it is necessary to control these weeds. This can only be done during the first 15 months since the land came out of production and you must record the land in your SPR. Any other weeds can be controlled with non-selective herbicides or other means that ensures that you maintain the green cover.
Q. What is the land use code for GAEC 12 land?
A. The land use code should be OT2.
Q. Can I burn cuttings on my GAEC 12 land?
A. Burning is only permitted if you ensure that you maintain the green cover.
Q. Is it OK to destroy my natural regenerated green cover on my GAEC 12 and replace it with sown wild bird cover?
A. If you wish to destroy your green cover to replace it with a wild bird cover then you should write to RPA to request an exemption under enhancement to the environment outlining in detail the actions you wish to carry out.
Q. A contractor has inadvertently ploughed up my green cover on my GAEC 12 land. What should I do?
A. You should take action to replace the green cover immediately as this must be maintained. You are liable for the actions of any contractors that you have employed to work on your farm and this may result in for a breach of cross compliance.
Q. Can I carry out non-agricultural activities on my GAEC 12 land?
A. You should refer to paragraphs C54-59 of the 2008 SPS Handbook for details of non-agricultural activities that can be carried out. You must also bear in mind that even if the permitted activities are allowed you must adhere to cross compliance at all times. Some of these activities (e.g. such as car parking for non-farm vehicles) are not permitted on GAEC 12 land.
Q. Can I use my GAEC 12 land to hold a charity event or for car parking for an event?
A. You must not allow non-farm vehicles onto GAEC 12 land so these activities are not permitted on GAEC 12 land if non-farm vehicles are used.
Q. Can I manage my GAEC 12 land as bare fallow?
A. You are permitted to manage the land as bare fallow as long as you are only cutting or ploughing the land where it is necessary to control an infestation by blackgrass, couch, creeping thistle or dock. You must record the land as not in production in your SPR and ensure that you establish a green cover within 15 months.
Q. Can I spray off the green cover on my GAEC 12 land?
A. You must maintain a green cover on your GAEC 12 land so you are not generally permitted to spray off the green cover. The only circumstance you are permitted to do this is where it is necessary to control an infestation by blackgrass or couch and you must only use certain permitted graminicides. Please see The Guide to Cross Compliance for further details.
Q. I wish to prepare my GAEC 12 land to put it back into production. Am I permitted to plough the land or spray it off?
A. If you are preparing the land to put it back into production then it ceases to be GAEC 12 land which means it is permissible to plough the land or spray it off if this is done as preparation to bring the land back into production.
Q. I wish to establish nesting plots for stone curlews or lapwings on my GAEC 12 land. Is this permitted?
A. Yes you are permitted to have a derogation from the GAEC 12 requirements in order to establish plots for stone curlews or lapwings. You should write to the RPA to request an derogation.
Q. I wish to spray off my GAEC 12 land in spring to control weeds prior to sowing a later summer or autumn crop. Is this allowed?
A. If you are preparing the land to put it back into production then it ceases to be GAEC 12 land which means it is permissible to spray off the green cover if this is done as preparation to bring the land back into production.
Q. I have began preparing my land this spring to plant a crop in the late summer/autumn. What land use code should I put on my claim form?
A. If you have began preparation to put the land in production then you should enter the crop code for the crop that you are preparing the land for e.g. if you are planting wheat enter OT1.
Stone walls
Q. When describing a stone wall the booklet states that a stone wall used as a field boundary. The word “used” implies past and present use. If the wall is derelict, i.e. a pile of stones, is it still classed as a wall. This suggests that anything over 10 m of wall even if derelict is still classed as a wall.
A. A stone wall means a stone wall used as a field boundary regardless of its condition which is a continuous length of at least 10 metres. Traditional and derelict stone walls are important in defining the landscape and historic character of some areas, as well as providing valuable wildlife corridors.
Q. Where the owner of the land is different from the SPS claimant, is the owner at liberty to remove stone from let ground to other ground that he/she owns, but is not registered by the same tenant?
A. For the purposes of the Single Payment Scheme, cross compliance applies to the applicant's whole agricultural area of their holding and all their agricultural activities, regardless of the amount entered in to the Single Payment Scheme. Therefore where applicants rent land, it forms part of their holding for the purposes of the scheme. As such only the applicant can remove stone from the land under the circumstances covered under paragraph 90 of the cross compliance handbook for England 2006 edition.
A tenant will be held responsible for all cross compliance requirements on the land which they are claiming. If stone is removed from a wall on their land, it will be reported as a breach if discovered at inspection and the tenant will be held liable for the breach. It may be that upon appeal they provide evidence that the stone was removed without their permission. The appeal panel will look at the individual circumstances of the case before deciding whether to uphold the breach.
Protection of hedgerows and watercourses
Q. Paragraph 96 states that 'On fields where margins have yet to be established due to a crop being planted prior to, and not harvested by, the start of 2006, you may cultivate margins in order to establish a green cover on margins directly following the harvesting of the crop.'
Does this assume that GAEC 14 was followed and applied in 2005 for fields harvested after 15th July, where buffer strips must have been established, that these strips are now in place and must be left untouched? Alternatively, can we interpret this statement to mean that regardless of whether or not the strips were established in 2005; farmers may again establish them in 2006 (where a crop was planted prior to 1st Jan 06 but not harvested i.e. the majority of arable fields sown with cereals in Sept & October)? Does the 2006 rule automatically assume that the 2005 rule was followed and implemented? If a farmer failed to follow the 2005 rule, can he now establish the buffer strips in 2006?
Does the term 'establish' mean 'allow to exist' rather than any activity to make it exist, such as mechanical cultivation & seeding?
A. The key point is that on land used for crop production, the requirements of GAEC 14 must be adhered to 'directly following the first harvest after 15 July 2005'. RPA recognises that there will be instances where this point will not be reached in the 2005 calendar year. The provisions outlined at paragraph 96 of the 2006 Cross Compliance Handbook have been introduced to allow for these cases. These provisions do not apply where the 'directly following the first harvest after 15 July 2005' point falls within the 2005 calendar year.
Below are some examples of when the GAEC 14 requirements must be adhered to:
Scenario 1: On 15 July 2005 a field is in crop, the crop is harvested 01 October 2005 and the field is replanted with another crop straight after, and this crop isn't harvested until 01 May 2006. The farmer should have adhered to the requirements of GAEC 14 on 02 October 2005.
Scenario 2: On 15 July 2005 a field was in crop, such as daffodils, this crop will be harvested 01 February 2006. Therefore the farmer must adhere to the requirements of GAEC14 on 02 February 2006.
Scenario 3: On 15 July 2005 a field is in stubble, the farmer plants a crop in September 2005, say winter wheat, and this is not harvested until 01 May 2006. Therefore the first harvest after 15 July 2005 is 01 May 2006, so the farmer must adhere to the requirements of GAEC 14 on 02 May 2006.
On the issue of 'establishment' there is no act as such. When required to, the farmer must simply to adhere to the requirements of GACE 14 which include; 'you must not cultivate, apply fertilisers, dredgings etc'. However, the legislation now goes on to say:
10.-(1) A farmer must take all reasonable steps to maintain a green cover on, and he must not cultivate, or apply fertilisers or pesticides to-
(a) land within 2 metres of the centre of a hedgerow, watercourse or field ditch; and
(b) land which is within 1 metre of the top of the bank of a watercourse or field ditch.
Where a margin has been allowed to regenerate naturally and this has failed or led to significant weed growth, a farmer can apply to RPA for a derogation to re-establish a green cover for environmental reasons.
Q. Paragraph 97 states "the 2 Metre margins can be counted towards the land you are required to set aside for the purposes of your single payment. GAEC 14 does not apply to those margins, set aside management conditions apply"
On this basis if you are sowing a green cover or wild bird cover does this mean that you can cultivate within the 2m-protection zone?
If you are growing crops for non-food uses on set aside (section G set aside guidance 2006) it specifically states observe GAEC 14. This appears to reinforce the fact that it does not apply to sowing green cover or wild bird cover.
A. If a SPS applicant is growing any of the crops listed at Appendix 1 of the set –aside handbook, the set aside management rules do not apply but GAEC 14 does. Paragraph 123 of the set – aside handbook refers. On the other hand, in cases where an applicant is sowing any other crop / mixture in order to establish a green cover on set-aside land, and the 2 metre margins are incorporated within the set aside area, set aside management conditions do apply but GAEC 14 does not, Paragraph 55 of the set aside guidance/paragraph 97 of the cross compliance handbook refer respectively.
Q. Can I leave dredgings from ditch or river clearing on the banks?
A. No, this is no longer permissible. From now on, ensure that dredgings in addition to fertilisers, slurry, manures or pesticides should are not applied within 2m of the centre of a hedgerow or watercourse or within 1m of the top of the bank of a watercourse.
Q. How do I stop weeds shorting electric fences now that 2m margins are required to comply with GAEC 14?
A. Spraying under permanently located electric fences within 2m margins to prevent weeds earthing the system was an area of confusion last year. Farmers can spot spray for specific weed problems but cannot go around the whole field spraying under the fence if it is in the 2m margin. You can cut or strim or do a controlled burn as some organic and conventional farmers do, but if you have specific problems that poses animal welfare issues, contact the RPA with full reasons why you think you should have a temporary derogation. (A permanent derogation may be available if you can demonstrate a good environmental or agronomic reason why the electric fence has to be within 2m of the centre of a hedge.) Alternatively, move fences where practicable so they are not in the 2m zones - then you can spray under them across the whole field.
Q. Paragraph 97 states "the 2 Metre margins can be counted towards the land you are required to set aside for the purposes of your single payment. GAEC 14 does not apply to those margins, set aside management conditions apply".
On this basis if you are sowing a green cover or wild bird cover does this mean that you can cultivate within the 2m-protection zone?
If you are growing crops for non-food uses on set aside (section G set aside guidance 2006) it specifically states observe GAEC 14. This appears to reinforce the fact that it does not apply to sowing green cover or wild bird cover.
A. If a SPS applicant is growing any of the crops listed at Appendix 1 of the set –aside handbook, the set aside management rules do not apply but GAEC 14 does. Paragraph 123 of the set – aside handbook refers.
On the other hand, in cases where an applicant is sowing any other crop / mixture in order to establish a green cover on set-aside land, and the 2 metre margins are incorporated within the set aside area, set aside management conditions do apply but GAEC 14 does not, Paragraph 55 of the set aside guidance/paragraph 97 of the cross compliance handbook refer respectively.
Q. Does the total hedgerow length need to be measured under cross compliance?
A. No, the length of hedgerows is only required for Environmental Stewardship schemes, and more information can be gained from the local Rural Development Service office.
Q. What is the definition of a watercourse? If there is a seasonally wet ditch with water that doesn’t flow is this classed as a watercourse?
A. Yes. The RPA states that watercourses: “include all surface waters whether coastal water, estuaries, lakes, ponds, rivers, streams, canals and field ditches.”
Q. I have a field that is bordered by a hedgerow and a watercourse on the other side. What boundary do I need?
A. For cross compliance it is necessary to have a 2m boundary from the centre of the hedgerow which lies adjacent to the field. If a neighbour farmed a field on the other side of the watercourse he would need to keep a boundary of 2m from the centre of the watercourse or 1m from the top of the bank.
Q. I have electric fences within the 2m boundary zone of a hedgerow. I normally spray to prevent growth of vegetation around the fence to prevent short circuiting the fence. What can I do now?
A. Widespread application of herbicide is a non-compliance but spot applications are allowed, and vegetation in the boundary zone may be cut where deemed necessary. In cases where spraying is unavoidable, you may need to move your fence further into the field to avoid damage to the buffer strip. See the Cross Compliance Guidance for the Management of Habitats and Landscape Features for details of Good Practice.
Q. Is a 2 metre protection zone required along the edge of a wood? When does a hedge become a woodland edge?
A. 2m protection zone is not required along side a wood, unless there is a hedge bordering the wood. The definition of ‘hedgerow’ for the purposes of cross compliance is the same as that in the 1997 Hedgerows Regulations, and is summarised in paragraphs 97-100 of the Cross Compliance Handbook for England.
Q. A farmer has a permanent high-tensile mains electric fence running alongside the hedge on fields of temporary and permanent grass. The electric fence will be within the 2 m strip. Normal practice is to make a herbicide application on a narrow band beneath the lowest wire strand which is essential in order to stop it earthing. This would contravene the rules for the 2 m strips. Is there a solution other than moving the line of the electric fence to the 2 m points? If this is done, how can the farmer control the vegetation on the strip behind the fence?
A. No. See the Cross Compliance Guidance for the Management of Habitats and Landscape Features for details of Good Practice.
Q. Hedges with permanent barbed wire fences close to them. How to control the vegetation in the strip between the hedge and fence when the purpose of the fence is to protect the hedge.
A. Control of vegetation within a 2 metre protection zone can only be achieved through cutting or spot spraying (except where there is a severe weed infestation, in which case the applicant will need to write in to RPA to apply for an exemption to these requirements). Spot spraying does not allow continuous application along the line of an electric fence to prevent earthing.
If the fence were to be moved outside the 2 metre protection zone this would allow unrestricted spraying of vegetation on the fence line. Management of the 2 metre protection zone must be in line with GAEC 14.
Q. Paragraph 92 of the Cross Compliance Handbook for England states that the 2 metre strip must be left: "on land used for crop production, directly following the first harvest after 15 July 2005." Could you please confirm that a wild bird mix or game cover crop falls within the definition of "crop production". If so, a game cover crop could presumably be sown now without a 2 metre strip and left in place until it is "harvested" in February 2006?
A. Defra does not consider game cover as a 'crop', and on that basis GAEC 14 applies from 15 July 2005. However, it is unlikely that a farmer will wish to cultivate game cover or apply prohibited substances to it once it is established in any case, so it is likely that the requirements under GAEC 14 will be met automatically.
Q. If I have 6 metre margins around some fields as part of a countryside stewardship scheme do they include the 2-metre protection zones of GAEC 14?
A. Applicants who joined the original Countryside Stewardship Scheme are not required to increase the 6 metre margins by a further 2 metres in order to comply with the Cross Compliance rules. However, under the new Environmental Stewardship Scheme, an additional 2 metres is required. If you are in doubt discuss the matter with your local RDS office.
Q. When there is a public right of way beside a hedgerow, is it necessary to have a 2m protection zone beyond the path?
A. Cultivations or application of fertilizers, manure or pesticides are not permitted on 2 metre protection zones. If a public right of way runs through a protection zone then the above cross compliance rules apply, and that public right of way can be counted as part of the protection zone. There is a requirement to ensure that the public right of way remains clear and if it is becoming blocked by weeds then an application may be made to RPA for a derogation to use pesticides.
Q. I intend to plant a crop in the spring of 2005. Is it necessary to include 2m protection zones during sowing?
A. It will only be necessary to establish the 2 metre protection zones when the crop is first harvested after the 15th July 2005.
Q. I have a manure store within 10m of watercourses. The manure is straw manure and therefore does not have that much run off, it also is on a stone base with steel crash barriers around it. There are also soil banks between the store and the 2 watercourses. Do I still need to change this to be Cross Compliant? Would putting a pipe along the watercourses within the 10m be adequate?
A. If the store outlined in the query above was built before 1991, it predates the Control of Pollution (Slurry, Silage and Agricultural Fuel Oil or SSAFO) Regulations 1991, as amended. If it was built after this time it should comply with these Regulations, and it be more than 10 metres from the watercourse.
The SSAFO Regulations are not included in the cross compliance requirements for SPS, and the farmer should seek advice from the local Environment Agency, to find out whether the manure store requires improvements.
It may be possible for the farmer to seek agreement to pipe the ditch in order to keep the watercourse more than 10 metres away. If the store needs to comply with the SSAFO Regulations it would require an impermeable base and should drain to a tank to collect run-off.
Q. If a farmer decides to cultivate the 2m Cross Compliance protection zone in 2005, can he plough this area and then leave it to allow natural regeneration? Alternatively, can the farmer plough the protection zone in 2005 and then cultivate to a finer tilth, and then allow the cover to establish through natural regeneration, i.e. not actually sowing a grass mix?
A. Paragraph 95, of the Cross Compliance Handbook for England 2005 edition states that cultivation is allowed during 2005, for the establishment of green cover on the 2 metre protection zones. This would include ploughing. After 2005, you must not cultivate within 2 metres of the centre of a hedgerow or watercourse. Paragraph 166 of the Cross Compliance for the Management of Habitats and Landscape Features 2005 edition recommends that you establish a dense grass-dominant cover, either by sowing an “environmental” mix or by controlling natural regeneration. Close mowing during establishment will benefit both methods. If you choose to establish cover by natural regeneration, paragraph 166 recommends that control of damaging annuals and other undesirable weeds, by cutting, will be essential to establish a robust ground cover.
Hedgerows
Q. I am an agricultural contractor and normally replace fences during the summer in fair weather conditions. What are the guidelines under cross compliance?
A. The terms of the Wildlife and Countryside Act 1981 regarding breeding birds would apply. Under cross compliance, you are not allowed to trim hedges from March 1st – 31st July. Generally, a sensible approach would apply and if individual branches are trimmed in order to maintain a fence this would be acceptable. However, permission for any significant cutting would be required from the RPA.
Q. Will I be able to trim the hedges in the summer if they are causing a danger on the road?
A. Yes, the hedgerow may be cut if it is overhanging a highway and obstructing the view of drivers.
Q. Due to the bad weather at the end of February, can I trim my hedge in March?
A. The Cross Compliance Handbook for England states that hedges may not be cut during 1 March and 31 July - this rule remains regardless of the weather. The RPA may be contacted in writing to apply for an exemption.
Q. Is it OK to cut hedges beside paths that are for private use? I have a track around a pond that may need to be cut in the summer for safety reasons.
A. No. The exemptions allowing hedgerow cutting between 1 March and 31 July apply to all hedgerows on a farm. However, as stated in paragraph 100 of the handbook, the rules do not apply to hedgerows within the curtilage of, or marking the boundary of the curtilage of, a dwelling house.
Felling of trees
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