Good Agricultural and Environmental Conditions (GAECs) FAQs

GAEC 1: General requirements for soil management and protection

Q. Who is required to complete the Soil Protection Review (SPR)?

A. The Single Payment Claimant must complete the Soil Protection Review (SPR) 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. When does the SPR 2010 have to be completed?

A. The SPR must be completed by 31 December 2010, or by 31 December of the first year you have claimed, to cover all of the agricultural land on your holding.

You must start completing Part 4 – Access to Waterlogged Land – from 1 January 2010 or from 1 January of the first year you claim.

You are required to carry out an annual review by 31 December each year.

You must also update your SPR during the year, as soon as it is practicable, if it becomes clear that the measures you chose are not working, if you add additional land to your holding or if management systems or cropping practices change.

Q. Does the requirement to complete a Soil 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 owns or occupies the land and rights of common are not exercised by anyone else. An SPR is not required for land holdings of one hectare or less (excluding common land). This will include GAEC 12 land (agricultural land which is not in agricultural production) and any land not used for agricultural activities.

Q. Do I need to keep my old Soil Protection Review (SPR) - 2006-2009 Booklet?

A. Yes, copies of your old SPR and the additional annual review sheet for 2009 should be kept and made available for inspection in 2010.

Q. What changes have been made to the Soil Protection Review 2010?

A. The revised SPR incorporates all four soil Good Agricultural and Environmental Conditions (GAEC) which were previously applicable to soil:

Soil Protection Review (GAEC 1)
Post-harvest management of land (GAEC 2)
Waterlogged Soil (GAEC 3)
Crop residue burning restrictions (GAEC 4)

The SPR requires that you identify and record current and potential problems with you soil, assess and record soil types and degradation risks on the land (Part 2), then select and take appropriate measures to prevent and/or remediate any issues (Part 3). The risks and measures are reviewed each year and actions should be reconsidered as appropriate.

In addition to this you are also asked to:

Record access to waterlogged land and actions taken to remediate the damage (Part 4)
Select and take appropriate post-harvest measures (Part 5)
Adhere to the Crop Residues (Burning) Regulations 1993

For hints and tips on completing the SPR 2010 please view the Soil Protection Review Training Video on the Cross Compliance website - http://www.crosscompliance.org.uk/cms/

You will also find additional soil management guidance in the document Cross Compliance Guidance for Soil Management 2010. This document can be downloaded from www.rpa.gov.uk/crosscompliance

Please note that Part 4 – Waterlogged Land should be completed from 1^st January 2010 or from 1 January of the first year you claim, whenever access to waterlogged land occurs.

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 must be completed by all SPS claimants and those who receive support under certain schemes through the Rural Development Programme for England (RDPE), such as Entry Level Stewardship (ELS). This must be completed by the 31^st December 2010, or by 31^st December of the first year you have claimed. You are then required to carry out an annual review by 31^st December each calendar year.

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. You must retain both your pre-2010 SPR (including all annual review sheets) and SPR 2010 and have them available for inspection. If you are inspected during 2010, the inspector will also check that you have implemented any measures in your pre-2010 SPR if you were required to complete an SPR prior to 2010.

Q. Is the Soil Protection Review available electronically?

A. Yes, it can be downloaded from the RPA website using the following link - www.rpa.gov.uk/crosscompliance

If you prefer to complete your SPR online, you may use the Whole Farm Approach (WFA) interactive version at www.wholefarm.defra.gov.uk. If you complete the SPR via WFA you do not have to complete a paper copy as well. You will also find an Excel version of the SPR on the RPA website at www.rpa.gov.uk/crosscompliance. Alternatively you may complete the SPR in a similar format, such as a spreadsheet. If you choose to do this you must provide the same information as required in the SPR.

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 that 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. If there is insufficient room to record each field you can add a separate piece of paper containing the field reference numbers.

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. Since 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. For more information on the Verifiable Standards for assessing by RPA inspectors, please see the RPA website at www.rpa.gov.uk/crosscompliance.

Q. Can you select more than one option to address your soils issues?

A. Yes. You should select the options that are appropriate, and these should have been implemented since you have started completing the SPR.

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 affect 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 options selected in your review and you need to carry out an annual review by 31 December each year. You must also update your SPR during the year, as soon as it is practicable, if it becomes clear that the measures you chose are not working, if you add additional land to your holding or if management systems or cropping practices change. You must take all reasonable steps to implement the measures which you have identified in your SPR.

You should also be updating Part 4, identifying whenever there is access to waterlogged land to carry out mechanical field operations or using a motorised vehicle if more than 20m away from the gateway or other access point and access is required to an area of land that is not waterlogged, or the area is an established track to land that is not waterlogged.

Q. If a farmer carries out the measures to address soil issues (as recommended in the Soil Protection Review and accompanying guidance) but the problem persists, what happens next? Will the farmer a) lose part of their SPS 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. If 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 and updated. The farmer should then consider in this review what further or alternative management is needed to minimise the problem. The farmer can seek advice on these issues at any time from their agronomist or another advisor, such as the local AEA cross compliance adviser.

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.

Where persistent and/or significant problems relating to soil occur, then ultimately the Secretary of State will be able to give the farmer specific guidance to take account of or, in the most severe cases, written directions to follow.

It should be noted however, that it is highly unlikely that soil problems would not be solved through good practice over time. For further guidance on soil management, please refer to the Cross Compliance Guidance for Soil Management 2010. This can be downloaded from www.rpa.gov.uk/crosscompliance

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Post-harvest management of land

Q. I currently have corn in my field but want to put in barley. Does the barley need to be sown before 1 March?

A. No. You may sow between harvest and 1 March provided the conditions are met.

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Waterlogged soil

Q. Can crops be harvested in waterlogged soil?

A. Crops can be harvested when the soils are waterlogged provided the access is recorded in the waterlogged soil section of the SPR along with a plan of remedial action to repair damaged soils.

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Crop residue burning restrictions

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GAEC 5: Environmental Impact Assessment (EIA)

Q. Can a grass area, possibly defined as permanent pasture, which has been established for a certain number of years, be converted to arable cropping?

A. Yes, but you must check first whether the Environmental Impact Assessment (EIA) regulations apply to you. They apply to you if you intend to increase the productivity of land that either has not been cultivated within the last 15 years or that is semi-natural. You might need to make a screening application to Natural England for permission to carry out an uncultivated land project if the uncultivated land or semi-natural area to be affected is 2 or more hectares (less if you have been issued with a screening notice). Details for GAEC 5 can be found in the Guide to Cross Compliance in England (www.rpa.gov.uk/crosscompliance) or you can contact the EIA team on 0800 028 2140.

If EIA does not apply, the land may be considered as GAEC12 land (agricultural land not in agricultural production) if it is not grazed and could be brought back into crop at the farmer’s discretion.

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GAEC 6: Sites of Special Scientific Interest (SSSIs)

Q. My farm borders a river that 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. Yes; whilst ever the cross compliance SSSI question remains on the SPS form.

Q. How do I find out if my land is in a Site of Special Scientific Interest (SSSI)?

A. You can find out if your land is in a SSSI by contacting Natural England on 0845 600 3078 or by searching the Nature on the Map website at www.natureonthemap.org.uk or www.natureonthemap.co.uk.

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GAEC 7: Scheduled monuments

Q. How can I find out if there's a scheduled monument on my land, for the SPS rules?

A. You should consult the Historic Environment Record held by your local authority (Local Government Authority Officers), English Heritage or the MAGIC website at www.magic.gov.uk.

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GAEC 8: 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 plough or otherwise disturb the surface of a footpath or bridleway, which passes over a field (other than a field-edge path) if it is not reasonably convenient to avoid doing so and it is in accordance with good husbandry.

However, if you do this you must:

Make good the surface of the footpath or bridleway (that is, compact and firm – walkable) to not less than its minimum width and indicate the route on the ground – to not less than its minimum width – so that it is apparent to members of the public, 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 reference in the Guide to Cross Compliance in England to visible public rights of way. Can you clarify what public rights of way are covered by cross compliance regulations?

A. The cross compliance regulation concerning disturbance to public rights of way applies to visible footpaths, bridleways and any other highway which consists of or comprises a carriageway (other than a made-up carriageway) including restricted byways and byways open to all traffic. Cross compliance requirements concerning obstruction apply to all visible highways (other than a ferry or waterway). ‘Visible’ means 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 would there be a cross compliance breach to apply pesticide onto the footpath? Do sprayer operators need to turn off the sprayer over the footpath?

A. The cross compliance requirement is that you must not ‘obstruct the free passage along a visible highway’. ‘Obstruction’ covers anything that could inconvenience or endanger the public in any way or discourage use. The guidance in the Management of Habitats and Landscape Features: Guidance to Cross Compliance in England says you should avoid spraying any rights of way with a pesticide where its use will pose a risk to the public.

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 where a user of the highway is endangered.

Generally, public rights of way and other highways should not be oversprayed – pesticides and herbicides should be confined to the adjacent crop. The instructions on the product label must be followed and if they say that people and animals should stay out of a treated crop, place warning signs at all points where paths enter the spayed area, saying ‘Sprayed: please keep to the path.’ Notices should be placed where everyone can see them from where they are allowed to go, but if you are going to put a notice actually on the right of way you will need the permission of the highways authority.

The code of practice for using plant protection products available from the Chemicals Regulation Directorate of the Health and Safety Executive (formerly the Pesticides Safety Directorate) explains in more detail.

Some herbicides are approved for use in killing vegetation growing on public rights of way (for example, crop seedlings growing on a cross-field path which has been cultivated and restored). Again, before using any spray for this purpose you should check the product label.

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GAEC 9: Overgrazing and unsuitable supplementary feeding

Q. Am I allowed to overwinter my livestock outdoors?

A. Yes you are, provided that by doing so you do not contravene GAEC 9, for example by overgrazing or carrying out unsuitable supplementary feeding on natural or semi-natural vegetation, except where necessary for animal welfare during extreme weather. Good practice guidelines are outlined in the 2008 edition of Management of Habitats and Landscape Features: Guidance to Cross Compliance in England.

Q. What are the definitions of overgrazing and unsuitable supplementary feeding?

A. Overgrazing is defined as ‘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 ‘unsuitable supplementary feeding’ is defined 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 situated.

Q. What type of vegetation does GAEC 9 refer to?

A. GAEC 9 applies to natural or semi-natural vegetation, which is defined as self-seeded or self-propagated vegetation characteristic of the area. This land includes but is not restricted to: moorland; unimproved grassland; grazed woodland or forest; heathland; and sand dunes.

Q. Please can you define more clearly natural and semi natural vegetation? For instance, in a situation where a moorland farmer incurred overgrazing and poaching because one particular area of land had less snow cover leading to animals congregating there, what would be appropriate course of action? Should the farmer have moved the animals, and if so, where to if he is unclear about the definitions of natural or semi natural vegetation.

A. 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 are 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 2008 edition of the Management of Habitats and Landscape Features: Guidance to Cross Compliance in England booklet it states: ‘Feed with loose hay instead of silage to distribute grazing pressure.’ Is this guidance or a cross compliance requirement?

A. This is part of the ‘good practice’ heading so offers guidance rather than rules.

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 the field is not overstocked, the horses can churn up small areas of land .The worry is that if an inspection falls in winter then it may be considered that good practice is not being followed. When letting a paddock, often without a stable, the tenant may have 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 it. Telling a horse owner, with an agreement, to remove their horse to a stable because of localised overgrazing could 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. Under the SPR grazing of grassland by horses is specifically mentioned and therefore actions have to be taken to prevent the soil damage by horses using the guidance and options in the SPR.

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. The recommendation that you put down a hard standing where the likelihood of poaching is high applies to in-bye land, not areas of natural or semi-natural vegetation. For these areas, the 2008 edition of the Management of Habitats and Landscape Features: Guidance to Cross Compliance in England booklet contains a number of good practice recommendations for GAEC 9.

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GAEC 10: Heather and grass burning

Q. When can I burn or cut gorse?

A. The burning period for gorse is same as that for heather and information on this can be found under GAEC 10 of the Guide to Cross Compliance in England. The 2007 Heather and Grass Burning Code is available from Natural England or by calling 0845 600 3078.

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GAEC 11: Control of weeds

Q. Can I spray off weeds such as thistles and docks even if they are in my GAEC 14 protection zone?

A. You must take all reasonable steps to control any of the weeds covered by GAEC 11. If these weeds are present in your GAEC 14 protection zone then you are permitted to use the spot application of pesticide to control them.

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GAEC 12: Agricultural land which is not in agricultural production

Q. When does GAEC 12 apply?

A. If the land is, or will be, in production on the SPS application date then GAEC 12 will not apply in that calendar year. In 2010, 17 May. In 2011, 16 May. In 2012, 15 May.

If land is not, or will not be, in production on that date then GAEC 12 will apply either from 1 January or from the day after the land comes out of production until the day it is returned to production.

Q. What changes have been made to the GAEC 12 requirements?

A. The rules on when land becomes subject to the GAEC 12 conditions have been simplified and the mandatory requirement to establish and maintain a green cover has been removed. Soil protection on GAEC 12 land will be managed through the SPR. The prohibition of non-farm vehicle use and storage restrictions have also been removed and such land will now simply be subject to the non-agricultural use and storage requirements of the Single Payment Scheme.

Q. Do I have to cut my GAEC 12 land, and if so, when?

A. You must cut scrub and cut 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, in order to prevent encroachment of scrub. You must not in any 12 month period cut or graze rank vegetation on more than 50% of the agricultural land not in agricultural production.. You must not cut between 1 March and 31 July each year, unless one of the exceptions apply. See The Guide to Cross Compliance in England for further details.

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. These are not buffer strips adjacent to the hedgerow, watercourse or field ditch, but protection zones extending from the centre of these features.

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.

Q. Am I allowed to store organic waste on my GAEC 12 land?

A. The rules for GAEC 12 land are now the same as for all other land on your holding. You are allowed to store manure or slurry on any field on the land, but areas taken up by manure are ineligible for SPS unless the manure is to be spread on the field in which it is stored and will be spread according to the annual cultivation cycle. Therefore, areas taken up by larger amounts of manure, or which are stored beyond the normal time for spreading, are not eligible.

Q. Are there any circumstances when I could apply fertiliser to my GAEC 12 land?

A. You must not apply inorganic fertiliser, 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.

Q. Do I need to establish a green cover on my GAEC 12 land?

A. The mandatory rules for establishing and maintaining a green cover have been removed. You may choose to retain a green cover as one of your chosen measures for managing the soils on this land in your Soil Protection Review under your obligations under GAEC 1.

Q. Are there any exemptions or derogations from establishing GAEC 12 rules?

A. The management requirements for GAEC 12 do not apply in the following circumstances:

you need to cut to meet the GAEC requirement on the control of weeds (GAEC 11);
you are managing the land to control an infestation of blackgrass (Alopecurus myosuroides), couch (Agropyron repens), creeping thistle (Cirsium arvense) or dock (Rumex species) for the first 15 months from the date of harvest;
cutting is required for you to establish grassy areas to prevent erosion and run-off, or to cut pollen and nectar mixtures sown to provide food resources for wildlife, such as required by certain voluntary environmental management options under the Campaign for the Farmed Environment (CFE) or to establish a buffer strip alongside a watercourse for water resource protection;¹
you are creating a bare surface to establish plots of up to approximately 2 hectares to accommodate ground nesting birds such as stone-curlews or lapwings;
you are actively bringing the land back into production;

You can also ask for a derogation from RPA from the conditions of GAEC 12 for reasons of enhancing the environment or for livestock or crop production. Information regarding derogations can be sought by contacting RPA’s Customer Service Centre. Please ensure that any application is supported by adequate evidence, such as advice from an agronomist. Please provide all of the field parcel numbers for any affected fields for which you require a derogation. Photographic evidence or explanatory diagrams could also support your application. All letters and e-mails requesting derogations should be clearly headed ‘Cross Compliance Derogation’. E-mails regarding derogations should be sent directly to csc@rpa.gsi.gov.uk.

Q. Can I cultivate my GAEC 12 land?

A. If the land is being brought back into production then you can cultivate your GAEC 12 land.

For the purpose of GAEC 12, land is considered as being used for agricultural production when:

a crop has been planted in the ground;
preparatory work for a following crop has commenced on the land, e.g. ploughing, spraying off;
animals are grazing;
land is used for growing of grass to be cut as silage, hay or other feed, or to be grazed in the future on the basis that these operations are undertaken.

Physical or chemical cultivation is allowed where it complies with the rules or exemptions of GAEC 12.

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 an 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 csc@rpa.gsi.gov.uk. Please ensure that any application is supported by adequate evidence, such as advice from an agronomist. You may wish to provide photographic evidence or explanatory diagrams to support your request.

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. 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 restrictions on cutting or ploughing on GAEC 12 land. It may not be reasonable, however, to spray the whole field off with glyphosate where spot-application, etc. would be more appropriate but you are not prevented from doing so.

If you have an infestation of blackgrass, couch, creeping thistle or dock then you may cut down or plough vegetation during the non cutting-period (1 March to 31 July) and you may cut or graze rank vegetation on more than 50% of your GAEC 12 land only where it is necessary to control these weeds. This can only be done during the first 15 months from the date of harvest.

Q. What is the land use code for GAEC 12 land?

A. Agricultural land which is not in agricultural production should be coded OT2. Please see The Guide to Cross Compliance in England for information on when land is deemed to not be in production.

Q. Is it OK to destroy natural regenerated green cover on my GAEC 12 and replace it with sown wild bird cover?

A. Sowing a wild bird cover would be classed as bringing the land back into production and so GAEC 12 would cease to apply.

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. This means it is permissible to plough the land or spray it off in preparation for bringing it 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 cut down or plough vegetation during the non cutting-period (1 March to 31 July) and you may cut or graze rank vegetation on more than 50% of your GAEC 12 land in order to establish plots of up to approximately 2 hectares to accommodate ground nesting birds such as stone curlews or lapwings.

Q. I have begun 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.

Q. When can I bring GAEC 12 land back into production?

A. As soon as land is put into cultivation for agricultural production GAEC 12 ceases to apply. This means that if a farmer decides to bring a field back into production during the GAEC 12 non-cutting period (1 March to 31 July), any physical or chemical cultivation or activity (such as mowing or herbicide spraying) carried out in preparation for cropping will mean that GAEC 12 no longer applies.

Physical cultivations may include ploughing, sub-surface harrowing, discing, tine harrowing or rotavating. Chemical cultivations may include the application of organic and inorganic fertilizers or soil improvers. For GAEC 12 to cease to apply, these cultivations must be intended for bringing the land back into agricultural production and not for works solely related to, for example, improving drainage, with no linked intention of producing agricultural products.

Grass-mowing, cutting vegetation and scrub clearance (that don't directly affect the soil) are not considered cultivations, but where these methods, and pesticides (e.g. selective and non-selective herbicides used to "spray-off" or spot-control), are used to prepare the land for drilling or grazing, this is also considered bringing the land back into agricultural production and GAEC 12 will no longer apply. If vegetation is being mown to enable grazing to commence, this will bring land back into agricultural production and therefore outside the scope of GAEC 12 even if done during the closed period of 1 March to 31 July. Evidence of an intention to bring land back into agricultural production may include cropping plans, pesticide records, etc.

For the purpose of GAEC 12, land is considered as being used for agricultural production when:

a crop has been planted in the ground;
preparatory work for a following crop has commenced on the land, e.g. ploughing, spraying off;
animals are grazing;
land is used for growing of grass to be cut as silage, hay or other feed, or to be grazed in the future on the basis that these operations are undertaken.

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GAEC 13: Stone walls

Q. Where the owner of the land is not 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 the applicant will be held responsible for any removal of stone from the land which does not fall within the circumstances described in the GAEC 13 section of The Guide to Cross Compliance in England.

A tenant will be held responsible for all cross compliance requirements on the land on which they are claiming the SPS.

Q. I wish to remove stone to widen my gateway to improve agricultural access to my fields. Is this permitted?

A. You are allowed to remove stone to widen an existing gateway to enable machinery or livestock access as long as the gateway is no wider than 10 metres and the newly created wall-ends finish in a vertical face.

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GAEC 14: Protection of hedgerows and watercourses

Q. Can I leave dredgings from ditch or river clearing on the banks?

A. No; dredgings, fertilisers, slurry, manures or pesticides should not be applied within 2m of the centre of a hedgerow, watercourse or field ditch or within 1m of the top of the bank of a watercourse or field ditch.

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 previously an area of confusion. You may spot spray for GAEC 11 weed problems but cannot go around the whole field spraying under the fence if it is in the 2m margin. Burning is also not allowed – combustion is a chemical process that affects the green cover and contributes to soil nutrient enrichment. You may, however, use mechanical means such as cutting or strimming, but if you have specific problems that pose potential animal welfare or health and safety issues (e.g. animals escaping), contact the RPA with full reasons why you think you should have a temporary derogation.

RPA will expect you to start to move fences so they are not in the 2m zones - then you can spray under them across the whole field. More advice on good practice for management of protection zones can be found in the 2008 edition of the Management of Habitats and Landscape Features: Guidance to Cross Compliance in England.

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 your local Natural England office [hyperlink http://www.naturalengland.org.uk/regions/default.aspx].

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. Watercourses are defined within the Code of Good Agricultural Practice to include all surface waters whether coastal water, estuaries, lakes, ponds, rivers, streams, canals or field ditches. Temporarily dry watercourses are included.

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. The boundary on the other side would have to be 2m from the centre of the watercourse and 1m from the top of the bank.

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, in which case a protection zone is mandatory. The definition of ‘hedgerow’ for the purposes of cross compliance is the same as that in the 1997 Hedgerows Regulations, and is summarised under GAEC 14 of the Guide to Cross Compliance in England.

Q. How are farmers advised to control the vegetation in the strip between the hedge and barbed wire fence when the purpose of the fence is to protect the hedge from cattle browsing?

A. Control of vegetation within a 2 metre protection zone can only be achieved through cutting/mowing or spot spraying under GAEC 11 (except where there is a severe weed infestation, in which case the applicant will need to write in to RPA to apply for a derogation). 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. 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 Environmental Stewardship, an additional 2 metres is required. If you are in doubt discuss the matter with your local Natural England 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. Highway authorities have a duty to control vegetation (other than crops) on the surface of public rights of way. Claimants may cut the vegetation but must not apply pesticides “on behalf of” the local authority unless RPA has granted a derogation to do so.

Q. Are there any closed periods during which I can’t mow or cut the sides/banks of my ditches?

A. There are no restrictions on when you can and cannot cut ditches; however, you should be aware of the GAEC 15 rules covering hedgecutting when planning and carrying out this activity. You should also consider the requirements of SMR 1 to ensure that wild birds’ nests are not damaged whist they are in use or being built.

Q. Can GAEC 14 margins alongside ditches and watercourses be used for exercising horses?

A. This is allowed on these buffer strips as long as none of the requirements of GAEC 14 are contravened and, in particular, that the green cover is not destroyed.

Q. Can we top our 2m GAEC 14 margins?

A. Yes; there are no date restrictions for carrying out this activity, although you must take into consideration the requirements of SMR 1 to ensure that ground-nesting wild birds’ nests are not damaged while they are in use or being built.

Q. What flexibility will there be to re-establish grass margins?

A. Claimants wishing to re-establish green cover on protection zones must write to the RPA to apply for a derogation to do so. Their letter / email should be titled 'Cross Compliance Derogation' and elaborate upon the reasons why the exemption is required. Claimants should not carry out any work until they receive written permission to do so.

Q. If a farm fails an inspection on its 2m margins when is the best time to correct this?

A. As soon as possible or at the latest by the next growing season. If you have received a warning letter from RPA then they will inspect you in the following calendar year by which time you will need to have remedied the breach to avoid attracting a reduction to your payment.

Q. Are there any exemptions under cross compliance for new hedgerows?

A. The requirements of GAEC 14 do not apply to land either side of a hedgerow which was planted on or after 1 January 2005 and which is less than 5 years old (you will need to keep documentary evidence to prove this).

Q. Am I able to cast up Cornish Hedges or other traditional hedgebanks?

A. Cornish Hedges are only considered to be a hedgerow where the earth banks or walls are mounted by a hedgerow which meets the definition of a hedgerow as defined in the GAEC 14 and 15 guidance in The Guide to Cross Compliance in England. You will not be in breach of the requirements of GAEC 14 if you are casting up a traditional hedgebank between 1 August and the last day of February.

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GAEC 15: 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 between 1 March and 31 July. However, permission for cutting may be granted by RPA for reasons relating to livestock production, etc.

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 overhangs a highway, road or footpath over which there is a public or private right of way and the overhanging hedgerow obstructs the passage of, or is a danger to, vehicles, pedestrians or horse riders.

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. Hedgerows may be cut if causing an obstruction or a danger to the passage of vehicles, pedestrians or horse riders along a public or private right of way. Don’t forget that the rules do not apply to hedgerows within the curtilage of, or marking the boundary of the curtilage of, a dwelling house.

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GAEC 16: Felling of trees

Q. I have trees acting as a windbreak around my orchard, some of which I wish to cut down. Do I require a licence to do this?

A. Trees which form part of your orchard, such as those which bear fruit are exempt from requiring a licence. But any other trees around your orchard would need a licence if the size of the tress or the amount felled is sufficient to require a licence. Further information is available in section 9 of the Forestry Act 1967.

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GAEC 17: Tree Preservation Orders (TPOs)

Q. I wish to cut down a tree which has a Tree Preservation Order on it. Am I permitted to do this?

A. You must not cut down, wilfully damage or destroy, top or lop any tree protected by a TPO without the written consent of your local planning authority.

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GAEC 18: Water Abstraction

Q. I wish to start abstracting water for irrigation. Do I require a licence?

A. You must contact the Environment Agency at the earliest opportunity if you wish to start abstracting more than 20 m3 of water each day (4400 gallons) for irrigation. You must comply with the conditions within any water abstraction licence you are given.