Paragraph 12 Pasture land of environmental or archaeological value

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

Sch. para. 18(2) words inserted by Common Agricultural Policy (Single Farm Payment and Support Schemes and Cross-Compliance) 2009 reg. 17
Sch. Pt. 5 inserted by Common Agricultural Policy (Single Farm Payment and Support Schemes and Cross-Compliance) 2009 reg. 18
sch. para. 11(2)(b) words substituted by Public Services Reform (Scotland) Act 2010 (Consequential Modifications) 2010 art. 8

(1)

A farmer must not plough up pasture land of high environmental or archaeological value (whether species-rich grassland, machair habitat, pastoral woodland, heather moorland or otherwise) without all of the necessary consents or approvals required to permit that ploughing up.

(2)

In this paragraph, “necessary consents or approvals” means–

(a)

the prior written consent of–

(i)

subject to sub-paragraph (3), Scottish Natural Heritage for land within a site of special scientific interest;

(ii)

the Scottish Ministers for land under an agri environment agreement in connection with support paid under Chapter VI of Title II of Council Regulation (EC) 1257/1999 as amended^f1;

(b)

approval under the Uncultivated Land and Semi-Natural Areas Regulations^f2;

(c)

any consent or approval by or under any other enactment which would prohibit that ploughing up.

(3)

This paragraph shall not apply where the necessary consent or approval would be the consent of Scottish Natural Heritage at a site of special scientific interest so designated by consequence of its status as a European site within the meaning of the Conservation (Natural Habitats, &c.) Regulations 1994^f3.

Annotations

Footnotes

f1: O.J. No. L 160, 26.6.1999, p.80, amended by Commission Regulation (EC) No. 1783/2003 (O.J. No. L 270, 21.10.2003, p.70), the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (O.J. L 236, 30.09.2003, p.33, Council Regulation (EC) No. 576/2004 (O.J. L 90, 27.3.2004), p. 1 and Council Regulation (EC) No. 583/2004 (O.J. No. L 91, 30.3.2004, p.1).
f2: S.S.I. 2002/6.
f3: S.I. 1994/2716, amended by S.S.I. 2004/475.