Paragraph 15 Replacement of the green cover and changing management options

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 1(1)(b) word substituted by Arable Area Payments 1997 reg. 10(a)
Sch. 2 para. 11(2) substituted by Arable Area Payments 1997 reg. 10(b)(i)
Sch. 2 para. 13(3)(4) word substituted by Arable Area Payments 1997 reg. 10(b)(ii)
Sch. 2 para. 14(a) words inserted by Arable Area Payments 1997 reg. 10(b)(iii)
Sch. 2 para. 14(a)(i)(ii) revoked by Arable Area Payments 1997 reg. 10(b)(iii)
Sch. 2 para. 18(2) words inserted by Arable Area Payments 1997 reg. 10(b)(iv)
Sch. 2 para. 18(2) words substituted by Arable Area Payments 1997 reg. 10(b)(iv)
Sch. 2 para. 23(1) word inserted by Arable Area Payments 1997 reg. 10(c)
Sch. 2 para. 25(1) substituted by Arable Area Payments 1997 reg. 10(d)
Sch. 2 para. 1(5) substituted by Arable Area Payments 1998 reg. 3(8)(a)
Sch. 2 para. 19 substituted by Arable Area Payments 1998 reg. 3(8)(b)(i)
Sch. 2 para. 20(1) words substituted by Arable Area Payments 1998 reg. 3(8)(b)(ii)(a)
Sch. 2 para. 20(3) inserted by Arable Area Payments 1998 reg. 3(8)(b)(ii)(b)

(1)

Subject to sub-paragraphs (2) and (3) below, in any period during which a farmer is required to maintain a green cover in a field or part field, he may nevertheless replace that green cover with another provided that–

(a)

seed sufficient to sow a replacement green cover is stored on land which the farmer farms as a single unit with the land set aside before replacement of the existing green cover is commenced;

(b)

it is likely, having regard to the condition of the soil and expected climatic conditions, that sowing the stored seed at this time will result in the successful growth of a green cover;

(c)

this seed is sown as soon as is practicable after the destruction of the existing green cover; and

(d)

where the land is managed in accordance with a management plan approved by the Minister under paragraph 1(4) above, his consent is obtained before the farmer commences replacement of the green cover.

(2)

The seed to be sown to establish a replacement green cover shall, subject to sub-paragraph (3) of paragraph 1 above–

(a)

be seed of a type listed in one of sub-paragraphs (i), (ii) or (iii) of paragraph 2(1)(a) above;

(b)

be seed comprising a mixture of crops of different types which complies with the requirements of paragraphs (aa) to (dd) of paragraph 4(1)(a)(ii) above;

(c)

where the cover is to be replaced in part only of a field (and where no more of the field in which that part is situated is also set aside), be seed of a type listed in one of paragraphs (aa), (bb) or (cc) of paragraph 5(1)(a)(i) above; or

(d)

where the provisions of paragraph (d) of sub-paragraph (1) above apply, comply with the conditions in respect of such seed as are set out in the management plan referred to in that paragraph.

(3)

A farmer shall, in respect of the field or part field where the green cover has been replaced, and subject to sub-paragraph (2) of paragraph 1 above, comply with the conditions set out in Part A of this Schedule as relate to one of the following management options–

(a)

where the seed sown complies with the requirements of sub-paragraph (2)(a) above, the Grassland Option referred to in paragraph 2 above;

(b)

where the seed sown complies with the requirements of sub-paragraph (2)(b) above, the Wild Bird Cover Option referred to in paragraph 4 above;

(c)

where the seed sown complies with the requirements of sub-paragraph (2)(c) above, the Field Margins Option referred to in paragraph 5 above; or

(d)

where the provisions of paragraph (d) of sub-paragraph (1) above apply, the provisions of the management plan referred to in that paragraph,

except that he shal not be required to establish a green cover (as required by paragraph 2(1)(a), 4(1)(a) or, as the case may be, 5(1)(a) above) different from the replacement green cover sown in accordance with the provisions of this paragraph.

(4)

Where a farmer is exempted from a requirement to maintain a green cover pursuant to regulation 9, he shall (unless also exempted from the requirements of this sub-paragraph pursuant to that regulation) replace the green cover once destroyed in accordance with sub-paragraphs (1) to (3) above.