Paragraph 4 Watercourses, watering points and feeding areas

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 prevent the erosion of the banks of watercourses, at watering points or feeding areas from overgrazing or heavy poaching by livestock except–

(a)

within 10m of a gateway; or

(b)

within 3m of a farm track necessarily used during wet-periods,

by reducing the livestock numbers on that land so as to cause the land to recover to the extent that the erosion is no longer significant by any time during the growing season in the calendar year following the date when that erosion first occurred.

(2)

In this paragraph “heavy poaching” means the cutting up of turf to a significant degree from trampling by livestock.