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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004 No. 3280 (W.284) URL: http://www.bailii.org/wales/legis/num_reg/2004/20043280e.html |
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Made | 8 December 2004 | ||
Coming into force | 1 January 2005 |
(2) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.
(3) Other expressions used in these Regulations are to be construed in accordance with the Council Regulation and the Commission Regulation.
(4) In these Regulations any reference to a numbered regulation or the schedule is to be construed as a reference to the regulation or the schedule so numbered in these Regulations.
Designation
3.
The National Assembly is designated as the competent national authority for the purpose of Article 3(2) of the Council Regulation.
Standards of good agricultural and environmental condition
4.
- (1) The standards of good agricultural and environmental condition referred to in Article 5(1) of the Council Regulation are set out in the Schedule.
(2) If, in relation to any land under an agri-environment commitment, a requirement of the agri-environment commitment conflicts with a standard in the Schedule, any breach of the standard which is a necessary and direct consequence of meeting that requirement is not to be treated as a non compliance.
Permanent pasture
5.
- (1) Where the National Assembly establishes that the ratio in Article 3(1) of the Commission Regulation is decreasing, it must prohibit a farmer from converting land under permanent pasture, in accordance with Article 4(1) of the Commission Regulation.
(2) Where the National Assembly establishes that the obligation in Article 3(2) of the Commission Regulation cannot be met, it must require a farmer to re-convert land to permanent pasture in accordance with Article 4(2) of the Commission Regulation.
Competent Control Authority and Relevant Authorities
6.
- (1) The National Assembly is designated as the Competent Control Authority for the purposes of the derogation in Article 42(2) of the Commission Regulation.
(2) The National Assembly may require a relevant authority to carry out controls or checks for the purposes of Article 9 and Chapter I and Chapter III of Title III of the Commission Regulation.
(3) In this regulation, "a relevant authority " means -
(4) When engaged pursuant to paragraph (2), a relevant authority must -
(5) The functions conferred on the Countryside Council by paragraphs 2 and 4 are to be treated for the purposes of section 132(2), section 133 and paragraphs 19 and 20 of Schedule 6 to the Environmental Protection Act 1990[9] as though they were conferred on the Countryside Council under section 132 of that Act.
(6) The National Assembly must pursuant to Article 48 of the Commission Regulation establish the final control report and where the National Assembly is not the Paying Agency, send the final control report to the Paying Agency.
Powers of authorised persons
7.
- (1) An authorised person may exercise any of the powers specified in this regulation for the purpose of -
(2) An authorised person -
(3) An authorised person may -
(4) An authorised person entering any land or premises by virtue of this Regulation may take with him or her such other persons as the authorised person considers necessary which may include any representative of the European Commission acting for the purposes of the Council Regulation or the Commission Regulation.
(5) If an authorised person enters any unoccupied land or premises, he or she must leave them as effectively secured against unauthorised entry as he or she found them.
(6) Where an authorised person has entered any land, other than a building used only as a dwelling, under a power bestowed on him or her by any enactment, he may exercise any of the powers specified in paragraphs (3) and (4) for the purposes of paragraph (1).
Assistance to authorised persons
8.
A farmer or any employee, agent, contractor or tenant of a farmer must give an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred on him or her by regulation 7.
Offences and penalties
9.
- (1) Any person who -
is guilty of an offence.
(2) Nothing in paragraph 1(b) is to be construed as requiring any person to answer any question if to do so might incriminate him or her.
(3) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of -
he or she, as well as the body corporate, is guilty of an offence.
(5) For the purposes of paragraph (4), "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[10]
D. Elis-Thomas[b]
The Presiding Officer of the National Assembly
8 December 2004[a]
(2) In this paragraph, "stale seedbed" means an area of land which is subject to shallow cultivations to stimulate weed germination as part of a strategy of weed control.
Waterlogged soil
3.
- (1) A farmer must not carry out a mechanical field operation on waterlogged soil unless -
(d) the National Assembly has, in accordance with its obligation under sub-paragraph (2), published written directions stating, with reasons -
in which case any farmer in the area of Wales concerned must comply with the requirement as varied in the directions, or in the case of a suspension of the requirement, need not comply with the requirement, during the period stated.
(2) The National Assembly must publish such directions, in such a way as it considers appropriate to bring in the notice of those likely to be affected by them, whenever it considers it justified in consequence of such weather conditions to do so.
(3) In this paragraph, "mechanical field operation" includes any harvesting, cultivation or spreading operation (including the spreading of manure or slurry) and all vehicle activity over the land in question.
Burning of crop residues
4.
A farmer must not, on agricultural land, burn any crop residue of a kind specified in Schedule 1 to the Crop Residues (Burning) Regulations 1993[11] unless the burning is for the purposes of -
5.
A farmer must not, on agricultural land, burn -
otherwise than in accordance with the restrictions and requirements set out in Schedule 2 to those Regulations.
Overgrazing and unsuitable supplementary feeding methods
6.
- (1) If the National Assembly has given a farmer written directions concerning the management of land which is in its opinion subject to overgrazing or the use of unsuitable supplementary feeding methods, he or she must comply with those directions on any area of land specified in them.
(2) On any other land a farmer must -
(3) In this paragraph -
Management of land which is not in agricultural production
7.
- (1) Except where sub-paragraph (2) applies, and except on land which is set aside pursuant to a set aside obligation under Article 54 of the Council Regulation, on any eligible hectare which is not used for agricultural production a farmer must -
(b) on any land which has carried a crop of oil-seeds, grain legumes or cereals which has been harvested using a combine harvester or a mower, establish a green cover (either through sowing or self-seeding) as soon as is practicable on or after 1st March in the first year after the land has ceased to be used for agricultural production, unless the farmer can prove that he or she intends to bring the land back into agricultural production before 15th May in that year;
(c) not use the land for non-farm vehicular use;
(d) not apply any inorganic fertiliser to the land;
(e) not apply organic fertilisers to the land, except as part of seedbed preparation during a period beginning two months before the day the crop is sown.
(2) The requirements under sub-paragraph (1), or any particular requirement specified, do not apply where -
(3) In this paragraph, "eligible hectare" has the meaning given to it by Article 44(2) of the Council Regulation.
Control of weeds
8.
- (1) If a notice has been served on a farmer under section 1 of the Weeds Act 1959[13], he or she must not unreasonably fail to comply with the requirements of that notice.
(2) A farmer must take all reasonable steps to prevent the spread of ragwort (Seneccio jacobaea), spear thistle (Cirsium vulgare), creeping or field thistle (Cirsium arvense), broad-leafed dock (Rumex obtusifolius) and curled dock (Rumex crispus) on his or her land.
(3) If, in any appeal against a determination of the National Assembly in relation to this paragraph, a code of practice providing guidance on how to prevent the spread of ragwort (Senecio jacobaea) made under section 1A(1) of the Weeds Act 1959 appears to be relevant to any question arising in the appeal, it is to be taken into account in determining that question.
9.
A farmer must take all reasonable steps to prevent the spread of Rhododendron ponticum, Japanese knotweed (Reynoutria japonica), giant hogweed (Heracleum mantegazzianum) and Himalayan balsam (Impatiens glandulifera) on his or her land.
Boundary Features
10.
- (1) Except where sub-paragraph (2) applies, a farmer must not remove, destroy or damage stone walls, stone faced banks, hedges, earthbanks, slate fences, stone gate posts and traditional stiles which serve as boundaries to agricultural land without the prior consent of -
(2) A farmer may remove, or remove stone from, a stone feature -
(3) In this paragraph,
Hedgerows
11.
A farmer must not remove a hedgerow in breach of regulation 5(1) or (9) of the Hedgerows Regulations 1997[14].
12.
- (1) Except where sub-paragraphs (2), (3) or (4) apply, a farmer must not cut or trim any hedgerow on his or her farm during the period beginning on 1st March and ending on 31st August .
(2) A farmer may cut or trim a hedgerow at any time if -
(b) it is necessary to cut or trim it because -
(c) the cutting or trimming is carried out in order to maintain a ditch.
(3) A farmer may carry out hedge-laying and coppicing during the period beginning on 1 March and ending on 31st March if he or she does not disturb any birds nesting in the hedgerow.
(4) A farmer may trim a hedgerow by hand during a period of six months beginning with the first day after the hedgerow was laid.
Definition of "hedgerow" in paragraphs 11 and 12
13.
- (1) Subject to sub-paragraph (3), paragraph 12 applies to any hedgerow growing in, or adjacent to, any land which forms part of the farmer's holding, if -
(2) Subject to sub-paragraph (3), a hedgerow is also one to which these Regulations apply if it is a stretch of hedgerow forming part of a hedgerow such as is described in sub-paragraph (1).
(3) Paragraphs 11 and 12 do not apply to any hedgerow within the curtilage of, or marking a boundary of the curtilage of, a dwelling-house.
(4) A hedgerow which meets (whether by intersection or junction) another hedgerow is to be treated as ending at the point of intersection or junction.
(5) For the purposes of ascertaining the length of any hedgerow -
is treated as part of the hedgerow.
Environmental impact assessment
14.
- (1) A farmer must not begin or carry out a project without first obtaining either a decision that the project is not a relevant project or a decision granting consent for the project in accordance with the EIA (Uncultivated Land) Regulations.
(2) A farmer must not breach a stop notice served on him or her under regulation 22(1) of the EIA (Uncultivated Land) Regulations.
(3) In this paragraph -
15.
- (1) A farmer must not carry out, on any land, work or operations relating to a relevant project unless -
(2) A farmer must not carry out work in relation to a relevant project in contravention of a requirement to discontinue that work in an enforcement notice served in accordance with regulation 20 of the EIA (Forestry) Regulations.
(3) Subject to sub-paragraph (2) a farmer on whom an enforcement notice has been served in accordance with regulation 20 of the EIA (Forestry) Regulations must not fail, within the period specified in the enforcement notice, to carry out any measure required by the enforcement notice
(4) In this paragraph -
Heather and grass burning
16.
- (1) A farmer must not commence burning heather, rough grass, bracken, gorse or vaccinium on any land between sunset and sunrise.
(2) A farmer must not burn heather, rough grass, bracken, gorse or vaccinium unless -
(3) A farmer must not burn heather, rough grass, bracken, gorse or vaccinium -
except under, and in accordance with any conditions specified in, a licence issued by the National Assembly[17] under regulation 7 of the Heather and Grass etc (Burning) Regulations 1986[18].
(4) In sub-paragraph (3), "upland area" means any area of land shaded pink on the two volumes of maps numbered 1 and 2 , each volume being marked "Volume of maps of less?favoured farming areas in Wales", dated 20th May 1991 , signed by the Secretary of State for Wales and deposited in the Library of the National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.
(5) Regulations 8 and 9 of the Heather and Grass etc (Burning) Regulations 1986 apply to the giving of any notices under sub-paragraphs (2) and (3) .
Sites of special scientific interest
17.
- (1) A farmer who owns or occupies any land included in a site of special scientific interest other than a European site, must not, while a notification under section 28(1)(b) of the Wildlife and Countryside Act 1981[19] remains in force, carry out, or cause or permit to be carried out on that land any operation notified under section 28(4)(b) unless he or she meets the conditions in section 28E(1)(a) or (b) of that Act, or unless he or she has a reasonable excuse.
(2) In this paragraph, "reasonable excuse" means a reasonable excuse within the meaning of section 28P(4) of the Wildlife and Countryside Act 1981.
18.
- (1) On land which is a site of special scientific interest other than a European site, a farmer must not, without reasonable excuse, knowing that the land concerned is within a site of special scientific interest, intentionally or recklessly destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which that land is of special scientific interest, or intentionally or recklessly disturb any of that fauna.
(2) In this paragraph, "reasonable excuse" means a reasonable excuse within the meaning of section 28P(7) of the Wildlife and Countryside Act 1981.
19.
A farmer must not, without reasonable excuse, fail to comply with a requirement of a management notice served on him or her under section 28K(1) of the Wildlife and Countryside Act 1981.
20.
A farmer must not, without reasonable excuse, fail to comply with a restoration order made under section 31 of the Wildlife and Countryside Act 1981.
21.
In paragraphs 17 and 18 -
Tree preservation orders
22.
A farmer must not, in breach of a tree preservation order made under section 198(1) of the Town and Country Planning Act 1990[21] -
Felling of trees
23.
- (1) A farmer must not fell a tree without the authority of a felling licence, in circumstances where a felling licence is required under section 9(1) of the Forestry Act 1967[22].
(2) A farmer must not, without reasonable excuse, fail to take any steps required by a notice given to him or her under section 24 of the Forestry Act 1967 (a notice to comply with conditions, directions or a restocking notice).
Scheduled monuments
24.
- (1) Subject to sub-paragraph (3), a farmer must not, without consent under section 2(3) of the Ancient Monuments and Archaeological Areas Act 1979[23], execute any of the following works -
(2) Subject to sub-paragraph (3), if a farmer executes any works to which a scheduled monument consent relates, he or she must comply with all conditions attached to that consent.
(3) If a farmer can show that -
In this paragraph, "scheduled monument" has the meaning given to it in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 and "scheduled monument consent" is construed in accordance with sections 2(3) and 3(5) of that Act.
Regulation 5 gives the National Assembly the power to prohibit farmers from converting land under permanent pasture and to also require farmers to reconvert land to permanent pasture, where the exercise of such a power is necessary in order for the United Kingdom to meet the requirements of Article 5(2) of the Council Regulation and Articles 3 and 4 of the Commission Regulation.
Regulation 6 gives effect to a derogation granted under Article 42 of the Commission Regulation which permits the National Assembly to be designated as the Competent Control Authority ("CCA"). The CCA bears responsibility for carrying out the controls and checks on the requirements or standards referred to above. However Regulation 6 enables the National Assembly to require the Environment Agency and the Countryside Council for Wales ("a relevant authority"), to carry out cross compliance controls and checks and subsequently submit to it a provisional report of their findings. A relevant authority is also under a general duty to notify the National Assembly of any non-compliance established as a consequence of any kind of check.
Regulation 7 provides powers of entry for an authorised person. These powers are in addition to any existing power of entry and are for the purpose of providing a control report or establishing whether there has been a non-compliance or ascertaining whether an offence under these Regulations has been or is being committed.
Regulations 8 provides for an authorised person to request assistance.
Regulation 9 establishes offences for obstructing and failing to provide assistance to an authorised person.
A regulatory appraisal has been prepared in respect of these Regulations and is available from the Department for Environment, Planning and Countryside, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.
[3] O.J. No. L141, 30.04.2004, p. 18.back
[4] O.J L270, 21.10.2003 p.1, as last amended by Council Regulation (EC) No. 864/2004 (O.J. No. L161, 30.04.2004, p.48)back
[5] O.J. L215, 30.07.1992, p.85, as last amended by Council Regulation (EC) No.583/2004 (O.J. L91, 30.03.2004, p.1). This Council is no longer in force, but agri-environment commitments entered into under it remain extant.back
[6] O.J. L160, 26.06.1999, p.80, as last amended by Council Regualtion (EC) No.583/2004 (O.J. L91, 30.03.2004, p.1).back
[12] S.I. 1993/1320, as last amended by S.I. 2004/2365.back
[13] 1959 c. 54, as amended by the Ragwort Control Act 2003 (2003 c. 40).back
[14] S.I. 1997/1160, amended by S.I. 2003/2155.back
[17] Licensing functions were transferred to the National Assembly by Article 2 of SI 1999/672.back
[18] S.I. 1986/428 as last amended by S.I. 2003/1615.back
[19] 1981 c. 69. The relevant provisions were substituted or inserted by the Countryside and Rights of Way Act 2000 (2000 c. 37), section 75(1) and Schedule 9.back
[20] S.I. 1994/2716, amended by S.I. 2000/192.back
[22] 1967 c. 10, amended by the Forestry Act 1986 (1986 c.30).back
[b] Amended by Correction Slip. Also on page 6; the signatory name "D. Elis-Thomas" should be inserted above "The Presiding Officer of the National Assembly". back