Appendix
S.I. 2012/66: memorandum from the Department for
Environment, Food and Rural Affairs
Local Authorities (Referendums) (Petitions)
(England) Regulations 2011 (S.I. 2011/2914)
1. The Committee has asked the Department for
Environment, Food and Rural Affairs for a memorandum on the following
points:
Explain in detail what acts or omissions, otherwise
prohibited, are intended to be allowed by the phrase "permission
to do so" where it appears in the following provisions of
Schedule 1 to the Agriculture (Cross compliance) (No. 2) Regulations
2009 as amended by regulation 2:
(a) paragraph 3(2);
(b) paragraph 5(10) (as respects each of sub-paragraphs
(4) to (7) of paragraph 5);
(c) paragraph 6(2),
and explain in each such case how the intention
is achieved.
2. Schedule 1 to the Agriculture (Cross compliance)
(No 2) Regulations 2009 sets out the Good Agricultural and Environmental
Conditions (GAECs) that Member States are required by Article
6 of Council Regulation (EC) No 73/2009 to define, within the
framework set out in Annex III to that Regulation. The conditions
in Schedule 1 are designed to achieve best practice in most situations.
However, there may be individual circumstances in which departure
from the GAECs will benefit the wider environment and the farmer's
holding. There is a diverse range of habitats and species on English
farmland and an equally diverse array of management traditions
that support them. Accordingly the Secretary of State may give
the farmer permission for reasons that benefit the environment
to depart from the general GAECs that have been defined.
3. Paragraph 3(1) of Schedule 1 prohibits the
overgrazing by animals and the use of unsuitable supplementary
feeding methods. Overgrazing is defined in paragraph 3(3). In
general terms overgrazing may hinder growth, quality or the diversification
of self-seeded or self-propagated vegetation. There are occasions
however, where the farmer may wish to sustain a diverse habitat
on parts of their holding, meaning that the farmer may want to
overgraze on some areas to avoid grazing on others. Sub-paragraph
(2) enables the Secretary of State to permit the prohibited activities
in sub-paragraph (1) for reasons that benefit the environment.
The overgrazing in this situation may bring wider environmental
benefits to that holding e.g. if a part of the farmer's holding
has been adversely affected by bad weather it may be more beneficial
to ensure that grazing does not occur on that area to help develop/sustain
the biodiversity of the habitat.
4. As with overgrazing, 'unsuitable supplementary
feeding methods' is defined in paragraph 3(3). Trampling and poaching
caused by animals and rutting by vehicles are examples of the
activities farmers should avoid. However, for the reasons identified
in paragraph 3 above, the farmer may wish to carry out otherwise
prohibited activities on parts of their holding.
5. Paragraph 5(10) enables the Secretary of State
to permit farmers to depart from the requirements set out in sub-paragraphs
(4), (5), (6) and (7) for reasons that benefit the environment.
Sub-paragraph (4) establishes a requirement for the farmer to
cut scrub and cut or graze rank vegetation on land not in agricultural
production at least every 5 years. However, the farmer may want
to avoid cutting or grazing for longer than the prescribed 5 year
period to develop a particular type of habitat that requires older
vegetation or encourage the growth of rare plant species such
as juniper. Leaving scrub uncut for longer will also benefit a
range of insects e.g. grasshoppers that require uncut areas in
late autumn so they may nest in longer grass.
6. Sub-paragraph (5) restricts the farmer from
cutting scrub and grazing rank vegetation on more than 50% of
their land not in agricultural production except in the circumstances
specified in paragraphs (a) to (f). There may be occasions however
where to deliver specific environmental outcomes (such as conservation
of specific species or habitat types) the farmer will need to
cut or graze more than 50% of scrub and rank vegetation. For example
the cutting of purple moor grass could help with the development
of other species of grass. Additionally, some farmland bird species
(e.g. corn bunting, skylark and lapwing) require open field areas
to successfully nest in early spring to mid-summer. Grey partridge
chicks require a drying off area in late spring so cut areas are
valuable. Annual cutting will generate some bare ground which
will benefit a range of solitary bumblebees, which require bare
ground on sunny aspects to nest.
7. Sub-paragraph (6) establishes the time restraints
for performing certain activities such as cutting vegetation for
reasons other those listed in sub-paragraph (5)(a) to (f). For
the reasons outlined in paragraph 6 above the farmer may wish
to take action within the period of 1 March and 31 July. In addition
cutting within that period may be important where pollinating
plants are present. This activity can help to delay flowering
thereby prolonging the autumn nectar sources. Plant species such
as red clover and crimson clover benefit from this activity.
8. Sub-paragraph (7) states that inorganic fertiliser,
manure or slurry may not be applied to agricultural land not in
production. The only exception to not complying with the restriction
is if it is applied to a geese feeding area. There may however
be other circumstances when inorganic matter, manure or slurry
will need to be used to benefit the environment. For example,
ryegrass can provide valuable overwinter seed resources for key
farmland bird species like tree sparrow and yellowhammer. Allowing
farmers to apply some fertiliser to these areas would allow the
maximum seed yield to be produced.
9. Paragraph 6(1) lists a number of weeds the
growth of which must be controlled by taking reasonable steps.
Paragraph 6(2) enables the Secretary of State to permit farmers
to depart from the general requirements for reasons relating to
the benefit of the environment. The weeds listed may damage habitat,
agricultural land and sometimes can pose a risk to grazing animals
or to people. However, there are times when the specified species
may benefit the environment therefore the spread of such weeds
will be permitted. For example ragwort, whilst damaging to livestock
and generally undesirable, provides habitat for a number of insects
and therefore may be desired as part of a planned conservation
management approach in some limited circumstances.
10. In each of the scenarios outlined above,
when it is appropriate to do so, the Secretary of State will give
permission to depart from the GAECs for reasons that benefit the
environment. Farmers who seek permission to perform certain activities
will provide supporting information from experts such as agronomists.
When necessary the Secretary of State will consult with relevant
specialist bodies, such as Natural England, when considering the
farmer's request.
Department for Environment, Food and Rural Affairs
20 February 2012
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