Paragraph 10 Protection of hedgerows and watercourses

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

(1)

Except where sub-paragraph (2) applies, a farmer must not cultivate, or apply fertilisers or pesticides to—

(a)

land within 2 metres of the centre of a hedgerow; and

(b)

land which is covered by, forms the bank of, or is within 1 metre of the top of the bank of a watercourse or field ditch.

(2)

The requirement in sub-paragraph (1) does not apply—

(a)

to land on either side of a hedgerow which was planted on or after 1st January 2005 and which is less than 5 years old;

(b)

to land forming part of a parcel of 2 hectares or less, as measured within permanent boundary features;

(c)

if the only application of pesticides is the spot-application of herbicides to control the spread of any the weeds in paragraph 8 or 9; or

(d)

in 2005, if the farmer is cultivating the land to establish a green cover on it.

(3)

The requirement in sub-paragraph (1) applies—

(a)

on land used for crop production, from the first day after the first harvest after 15th July 2005; and

(b)

on any other land, on and after 15th July 2005.