Schedule

“SCHEDULE 1

REQUIREMENTS TO BE INCLUDED IN AGREEMENT

Article 4

1

As regards any land which is the subject of an agreement and which is not broadleaved woodland:–

(1)

the farmer shall maintain semi-natural rough grazings and hay meadows;

(2)

the farmer shall not plough, level, reseed or cultivate;

(3)

the farmer shall not, in the case of hay meadows, cut for hay or silage before 15th July in any year;

(4)

the farmer shall, in the case of hay meadows, take at least one cut for hay or silage after 14th July in any year;

(5)

the farmer shall exclude livestock from hay meadows for at least seven weeks before the first cut for hay or silage;

(6)

the farmer shall graze semi-natural rough grazings with cattle or sheep at an average annual stocking rate agreed in advance with the Secretary of State at a level that avoids overgrazing, undergrazing or poaching but in any case at an average annual stocking rate not exceeding 0.375 livestock units per hectare;

(7)

the farmer shall graze hay meadows with cattle or sheep at an average annual stocking rate agreed in advance with the Secretary of State at a level that avoids overgrazing, undergrazing or poaching but in any case at an average annual stocking rate not exceeding 0.75 livestock units per hectare;

(8)

the farmer shall not install any new drainage system nor substantially modify any existing drainage system;

(9)

the farmer shall not apply lime;

(10)

the farmer shall not, in the case of semi-natural rough grazings, apply inorganic fertilizer;

(11)

the farmer shall not in any year apply to any hectare of hay meadow–

(a)

more than 12.5 tonnes of farmyard manure, or

(b)

more than 25kg of nitrogen, 12.5kg of phosphate and 12.5kg of potash;

(12)

the farmer shall not apply pesticides;

(13)

the farmer shall not apply herbicides except to control bracken (Pteridium aquilinum), nettles (Urtica dioica), spear thistle (Cirsium vulgare), creeping or field thistle (Cirsium arvense), curled dock (Rumex crispus), broadleaved dock (Rumex obtusifolius) or ragwort (Senecio jacobaea) and then only by spot treatment or weed wiper and in the case of bracken (Pteridium aquilinum) by overall spray treatment;

(14)

the farmer shall control bracken (Pteridium aquilinum) only by means of asulam or other chemical approved by the Secretary of State;

(15)

the farmer shall burn heather, grass and scrub only in accordance with a programme agreed in advance with the Secretary of State;

(16)

the farmer shall not construct hedges, walls or fences without the prior approval of the Secretary of State;

(17)

the farmer shall not remove any existing hedges, walls or fences (other than wire fences);

(18)

the farmer shall obtain from the Secretary of State written advice concerning siting, design and materials before constructing or altering buildings or roads or undertaking any other engineering or construction operations which do not require prior notification determination by the local planning authority under the Town and Country Planning General Development Order 1988^f1, or planning permission;

(19)

the farmer shall in farming the land ensure that he does not damage or destroy any features of archeological interest;

(20)

the farmer shall conserve and maintain all existing lakes, ponds and streams;

(21)

the farmer shall control pests in a lawful manner.

2

As regards any land which is the subject of an agreement and which is broadleaved woodland–

(1)

the farmer shall retain existing broadleaved woodland;

(2)

the farmer shall exclude livestock from broadleaved woodland;

(3)

the farmer shall not remove any broadleaved trees or saplings without the prior approval of the Secretary of State;

(4)

the farmer shall control pests in a lawful manner.

SCHEDULE 2

ADDITIONAL PROVISIONS IN AGREEMENT TO OBTAIN HIGHER RATE OF PAYMENT

Article 6(2)

1

As regards any semi-natural rough grazings which are the subject of an agreement and which include heather–

• the farmer shall graze such semi-natural rough grazings with cattle or sheep at an average annual stocking rate not exceeding 0.2 livestock units per hectare.

2

As regards any land which is the subject of an agreement and which is broadleaved woodland–

(1)

the farmer shall, within six months of the commencement of the agreement, obtain from the persons or bodies designated by the Secretary of State written advice on the management of the broadleaved woodland;

(2)

the farmer shall, within nine months of the commencement of the agreement, agree with the Secretary of State–

(a)

a programme of management to regenerate the broadleaved woodland, and

(b)

a timescale to implement that programme of management;

(3)

The farmer shall, within fifteen months of the commencement of the agreement, commence work on the programme of management to regenerate the broadleaved woodland agreed with the Secretary of State.

SCHEDULE 3

CONSERVATION PLAN OPERATIONS

Article 6(3) and (4)

1

The planting and laying of hedges.

2

The repair and restoration of stone walls.

3

The renovation of traditional farm buildings.

4

The re-creation of florally rich meadows.

5

The restoration of heather in semi-natural rough grazings.

6

The creation or restoration of ponds.

7

The creation of wildlife refuges alongside streams.

8

The eradication of bracken (Pteridium aquilinum).

9

The planting of trees and the repair, restoration or provision of protective fencing (including the repair, restoration or provision of associated posts, gates and stiles) provided that any work carried out under this paragraph is associated with any of the operations specified in paragraphs 1 to 8 of this Schedule.”