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Welsh Statutory Instrument 2006 No. 41 (W.7)The Tir Cynnal (Wales) Regulations 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 41 (W.7)AGRICULTURE, WALESThe Tir Cynnal (Wales) Regulations 2006
The National Assembly, being designated [1] for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community[2], in exercise of the powers conferred on it by the said section 2(2) and of all other powers enabling it in that behalf hereby makes the following Regulations: Title, commencement and application 1.—(1) The title of these Regulations is the Tir Cynnal (Wales) Regulations 2006 and they come into force on 13 January 2006. (2) These Regulations apply in relation to Wales only. Interpretation 2.—(1) In these Regulations, unless the context otherwise requires —
(2) Any reference in these regulations to —
(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference occurs; and (c) a numbered or denoted sub-paragraph is a reference to the sub-paragraph so numbered or denoted in the paragraph in which the reference occurs. Applications
(b) will include that the other party will carry out on the agreement land activities so as to protect the wildlife habitats specified in Part 2 of the Schedule insofar as the habitats exist on the agreement land; (c) will include that the other party will agree that at least 5% of the agreement land will consist of wildlife habitat. If less than 5% of the area of the agreement land is wildlife habitat then the other party can include existing hedgerows and create new habitats in order to meet the 5% habitat condition; (d) will include provision that the other party will complete a farm resource management plan as detailed in Part 3 of the Schedule; (e) will, in relation to the activities referred to in paragraphs (a), (b), (c) and (d) require or enable the National Assembly to make payment of aid which at the date of the coming into force of this instrument, (but which may be adjusted at the National Assembly's discretion) are at the rates referred to in Part 4 of the Schedule. Conditions for payment of aid
(b) that such a person complies with the requirements of regulation 7 below; and (c) that such a person maintains an interest in the agreement land for the duration of the Tir Cynnal agreement, unless such a person is a tenant of the agreement land, such tenancy having less than five years left to run, and such a person has obtained his or her Landlord's signature to the landlord indemnity form; (d) that such a person has complied and continues to comply with the provisions of the Code of Good Farming Practice; (2) the conditions which have to be complied with under the Tir Cynnal scheme can be altered at any time, including alterations imposed as a result of future changes made o the Rural Development Plan for Wales 2002-2006 and any successor plan to it.
(b) reject any such application without further consideration Late claims
(b) ascertaining whether the terms of the Tir Cynnal agreement have been complied with. (c) carrying out any inspection or examination necessary for the purposes of determining whether the Code of Good Farming Practice has been complied with (2) A Tir Cynnal agreement holder will render all reasonable assistance to the authorised person in relation to the matters mentioned in paragraph (1), and in particular will —
(b) permit the authorised person to take copies or extracts from any such document or record; (c) where any such document or record is kept by means of a computer, produce it in a form in which it may easily be read and taken away; and (e) at the request of the authorised person, accompany the authorised person in making the inspection of any land and identify any area of land which relates to the application or to any change of occupation notified under regulation 10. Withholding and recovery of aid
(b) is in breach of any conditions subject to which the aid was paid, the National Assembly may withhold the whole or any part of any aid payable to that agreement holder under these Regulations and may recover the whole or any part of any aid already paid to him or her. Conditions to be complied with in relation to the whole of the land under agreement. The conditions are as follows:
• Any maintenance work undertaken on traditional boundaries should use traditional materials and methods. • Leave at least 25% of hedgerows including any bank hedgerows untrimmed in any one year, with each hedge being left uncut at least one year out of every four (except where highway and/or health and safety requirements preclude this along roadsides). • Do not cut hedges between 1 March and 31 August (except where highway and/or health and safety requirements preclude this along roadsides).
• Do not damage (e.g. by pesticide drift) trees and associated plants and animals • Any management should follow the guidelines for bats in trees. • Retain dead trees unless they cause a hazard or obstruction
• Allow access on foot on land identified as available for such access on the maps prepared by the Countryside and Rights of Way Act 2000
• Maintain weatherproof and structurally sound traditional buildings in a state of good repair, using traditional materials. • Sound and weatherproof traditional buildings that have been modified using modern materials should be maintained but the modern components may be repaired or replaced with modern materials. • Other traditional, sound and well maintained landscape features (e.g. sheepfolds, stone slab bridges) must be maintained. • Derelict or remnant historic features and traditional buildings must be retained unless they cause a hazard. • Do not disturb protected species that may be using these sites. • Use of metal detectors must comply with the Treasure Act 1996.
• Maintain a 2m buffer zone around rock features without using cultivation, fertilisers, lime, herbicides or other pesticides, (unless for spot treatment of injurious weeds or invasive alien species).
• Do not cultivate or apply fertilisers, off-farm wastes, lime, pesticides or other chemicals to land within 1m of a water feature. • Do not apply farm yard manure or slurry within 10m of a water feature. • Manage the land in order to avoid excessive poaching of the soil to the extent that it impairs the environment beyond the site itself, through run-off and soil erosion leading to pollution and increased sedimentation of watercourses. • Avoid heavy grazing where this results in the removal of vegetation leading to soil erosion. • Avoid excessive erosion of the banks of watercourses and pollution of the water by livestock and where necessary control access.
It is a requirement of the Tir Cynnal Scheme that the existing wildlife habitats on the agreement land are protected from damage. At least 5% of the agreement land must be wildlife habitat. The main groups of wildlife habitats (which is not exhaustive) are as follows: Broad leaved woodland: woodland, with associated glades and rides, consisting of at least 50% native trees or yew. Wet woodland of alder or willow is included as are orchards containing standard fruit trees. Woodland that incorporate conifers may be included provided the native species content is more than 50% of the area (although those with less than 50% native species can be included if they are on ancient woodland sites) Scrub: areas dominated by native shrubs such as hawthorn, blackthorn, common gorse, elder, willow, birch or bramble Heathland: areas where at least 25% of the vegetation cover consists of dwarf shrubs such as heather, bilberry and western gorse. They occur in a range of locations from coastal and lowland areas to uplands. Upland heaths, usually above the limit of agriculture enclosure, are often associated with moorland habitats such as bogs and acid grassland. High mountain heaths: which are more typically dominated by mosses, lichens, a sparse grass cover and patches of unvegetated stony ground, are also included. Grassland: A range of habitats including unimproved grassland, semi-natural grassland, traditional hay meadows and marshy grasslands, where there has been no cultivation, reseeding, application of herbicides or drainage during the last 10 or more years. At most there will have been only light applications of inorganic fertiliser and the habitat is characterised by the absence or low levels of improved grassland species such as perennial ryegrass and white clover. If these account for more then 25% of the sward the land should be classified as improved grassland and will not be included as habitat under the Tir Cynnal scheme. Wetlands: Land types that include bogs, reedbeds swamps and fens. They occur on deep peat and/or with a water table at or above ground level for most of the year. Coastal areas: Includes saltmarshes and sand dunes, in addition to coastal scrub, heathland, and grasslands that are covered in the previous habitat groups. The list above defines the main types of habitats, but other semi-natural areas or water bodies like ponds can be included as Tir Cynnal habitat.
Safeguarding Wildlife Habitats — Conditions
• Do not roll or chain harrow between 1 April and 15 July of each year. • Do not install new drainage • Do not clear out ditches between 1 March and 31 August • Do not use herbicides or pesticides (other than for spot treatment of injurious weeds). • Consult with Countryside Council Wales and/or Environment Agency Wales on bracken spraying and consider if Environmental Impact Assessment required. • Do not apply inorganic fertilisers, purchased bagged organic fertilisers, slurry or other off-farm wastes. • Do not apply any lime, basic slag, calcified seaweed, waste paper, sludge or other off-farm wastes • Stock the land in line with the Code of Good Farming Practice particularly so that there is no over or under grazing. • Avoid undertaking supplementary feeding practices where these cause damage to vegetation and poaching of the soil. • Do not undertake supplementary feeding within broad leaved or mixed woodland. • Avoid the rutting of vegetation by vehicles. • Do not extract peat or remove rock. • Retain ant hills. • Do not remove any accumulations of seaweed. If there is not enough land to satisfy the 5% rule existing hedgerows may be included and/or new habitats created in order to meet this requirement to count towards the habitat area.
• Consist of native species such as hazel, hawthorn, blackthorn and holly • Have no gaps (except for gateways and beneath hedgerow trees) between the field corners so as to provide a continuous wildlife corridor along the hedge length • Be protected from livestock on both sides. Where livestock are not present (e.g. on arable farms) a width of 2 metres consisting of the hedge itself and associated rank vegetation have to be retained without interference of any kind • Be completely under the Tir Cynnal agreement holder's management control so that the Tir Cynnal agreement holder can fully implement the conditions for hedgerows in the Whole Farm Section. This means that in many cases perimeter hedgerows that you share with another farmer or those along public highways may not be eligible for inclusion as a habitat. • If including hedgerows as habitat the 1 metre buffer strip condition has to be added to the 2m width of the hedgerow. If the areas of habitat (together with eligible hedgerows if these have been included) amount to less than 5% of the land on the farm the farmer will need to identify areas of improved land in which to create new habitats. These additional areas, plus existing habitat will be required to reach or exceed the minimum 5% .
• Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal. • Do not apply any farm yard manure. Prescriptions for reducing inputs to revert improved land to semi-improved land
• Do not apply any farm yard manure. Prescriptions for leaving uncropped margins on cereal land
• The margin may be located in the same place or rotated around the agreement land in each year of the agreement. If rotated, the minimum area required to satisfy the "5% rule" should be established each year. • The margin should be allowed to regenerate naturally. • Exclude all livestock from the margin. • Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal (refer to safe guarding wildlife habitat prescriptions in Part 2). • Do not apply farm yard manure. • Do not apply molluscicides. • Cultivate the margin once each year between 1 October and 31 March (if the margin remains in the same location for more than one year, cultivating once every other year is permissible). • No part of the margin is to be used for regular machine access or as a trackway. It is acceptable to trim hedges or carry out routine inspections, but where regular access is essential, the margin have to be at least 7 metres wide. Prescriptions for grass margins on cereal land
• Complete ground cover of the margin have to be established by sowing a mixture made up of at least two of the following grass species:—
Plus at least 3 kg/ha of either red clover, alsike clover or bird's foot trefoil
• The grass has to be left uncut and ungrazed between sowing and 15 July. • The margin has to be cut at least once per year and the cuttings may be removed (they can be destroyed, e.g. by composting, or used, e.g. as hay, silage or green fodder). • Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal (refer to safe guarding wildlife habitat prescriptions in Part 2). • Do not apply farm yard manure. • Do not apply molluscicides. • Do not allow vehicles on to the margin between sowing and 15 July in the first year, or subsequently before 15 July if the margin is maintained in the same location for a number of years. Prescriptions for small scale broad-leaved tree planting
• The trees have to be broad-leaved native species and should be planted at a density of no less than 3 metres between trees. • Protect the trees planted form livestock for the duration of the Tir Cynnal agreement. This will normally be achieved by fencing, unless circumstances ensure no livestock can enter (e.g. agreement land with no livestock, or areas protected by natural features). • Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal. • An application of farmyard manure at a rate not exceeding 25 tonnes per hectare may be applied before planting. After planting do not apply any farmyard manure. Prescriptions for the establishment of wild bird cover crop
• The crop has to not be cut or grazed before 15 March in the year following establishment. • Do not apply insecticides, fungicides, molluscicides or herbicides (except for the spot treatment of injurious or invasive alien species). • Use of lime or fertiliser (organic or inorganic) is permitted only at the time of crop establishment. • Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal. Prescriptions for establishment of unsprayed root crops
• Glyphosate may be applied to destroy existing vegetation prior to establishing the crop, but no other herbicides, (except as a spot treatment for injurious weeds or invasive alien species weeds) should be used. • Molluscicides may only be used if drilled at the time of crop establishment. No other pesticides may be used. • Use of lime and fertiliser is acceptable. • The crop should not be grazed before 15 October and the land should not be ploughed until 1 March in the year following establishment. • The option is rotational and can be moved around the farm on an annual basis as long as the total area agreed is maintained. • Undertake all relevant prescriptions that apply to wildlife habitats designated under Tir Cynnal. Every participant will have to complete the farm resource management plan. The main section of the farm resource plan will need to be completed within 6 months of entering into a Tir Cynnal agreement. Participants will be required to keep the document up to date, making changes to the document when required. The Plan will need to be prepared and shown to an Assembly Officer when the farm is brought up for inspection. If a farm produces, stores or disposes of slurry, farmyard manure or other organic waste, a Manure Management Plan is required. If a Manure Management Plan covering the agreement area is not already available, the agreement holder is required to prepare one, using the Tir Cynnal template which has been designed for that purpose. The Manure Management Plan must be completed within twelve months of entering into a Tir Cynnal agreement. If organic or inorganic fertiliser is applied to the agreement land, a Soil Nutrient Management Plan is required. If a Soil Nutrient Management Plan is not readily available, the other party must prepare one, using the Tir Cynnal template which has been designed for that purpose. The Soil Nutrient Management Plan must be prepared within twelve months of entering into a Tir Cynnal agreement. The main part of the Resource Management Plan, and if they are required, the Manure and Nutrient management Plans, must be reviewed at least annually and more frequently if deemed necessary by the National Assembly. Payment under the regulations will be on an annual basis per hectare as follows:
Payments will be made annually in arrears. (This note is not part of the Regulations) These Regulations apply to Wales only. These Regulations are made pursuant to Council Regulation (EC) No.1257/1999 and the detailed framework for the implementation of that Council Regulation is contained in Commission Regulation (EC) No. 817/2004 The Regulations provide for various grant payments to be made to any person who enters into an agreement with the National Assembly, where that person agrees to take part in the Tir Cynnal agri-environment scheme. The Tir Cynnal scheme aims to provide opportunities for farmers in Wales to take part in work of an agri-environment nature on their land by following a basic set of conditions described in the Schedule to these Regulations in order to protect areas and features of environmental importance on their land. The Scheme requires levels of environmental protection greater than that of legal and cross-compliance requirements, but not as demanding as those of Tir Gofal. The aim of the Tir Cynnal scheme is to prevent loss of biodiversity, protect landscape features, safeguard the historic environment and reduce pollution. Where a beneficiary of the Tir Cynnal scheme provides false or misleading information, or there is a breach of the Tir Cynnal agreement, then the National Assembly may withhold future payments of grant or recover on demand any grant which has already been paid to the beneficiary. Where the National Assembly is minded to withhold or recover grant, the National Assembly has to inform the beneficiary and allow the beneficiary to make any representations he or she wishes within a reasonable time period. Those representations have to be taken into account before a final decision is taken. A Regulatory Appraisal has been produced for this instrument, and copies are available from the Environment, Conservation and Management Division, Cathays Park, Cardiff, CF10 3NQ. Notes: [1]S.I. 2005/2766back [2]1972 c.68back [3]OJ No. L74/1, 26.2.04back [4]OJ No. L343, 23.6.99back [5]1971 c.80back [6]1996 c.23back [7]1998 c.68back ISBN0 11 091251 9 -- Back --
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