# The Arable Area Payments Regulations 1995, Paragraph 3: Exemptions from the requirement to establish a green cover on set-aside land


(1) A farmer shall by virtue of this provision be treated as having been exempted from the requirement to establish a green cover by the start of the green cover season where he satisfies the Minister that for climatic reasons it was not practicable for there to be such a green cover by that time, in which case he shall establish a green cover as soon as reasonably possible thereafter.
(2) A farmer shall be exempt from the requirement to establish a green cover on penalty set-aside land and on land in which there was a crop at 1st October prior to the commencement of the set-aside period, in which case the farmer shall either—
(a) establish and maintain a green cover on that land in accordance with one of the management options referred to in paragraph 1 above; or
(b) not sow a green cover, in which case he shall—
(i) maintain throughout the green cover season any natural cover which develops on that land, except to the extent that a circumstance in paragraph 4 or paragraph 11(1) below applies; and
(ii) prior to the end of the green cover season, carry out no operation affecting the surface of the land except for discing or shallow cultivating it.

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Source: https://www.legislation.gov.uk/uksi/1995/1738/schedule/2/paragraph/3 (the official version)
Page: https://openlegislation.uk/arable-area-payments-regulations-1995/schedule-2/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.