Schedule 2 I1

Farmers must not carry out hedge cutting, or removal, scrub cutting or removal or cutting of trees within hedges (including trimming, laying and coppicing) between 1 March and 31 August (inclusive).

This requirement shall not apply

(a)where health and safety is an issue

(b)between 15th August and 31st August where the farmer has received prior written permission from DAERA

However, even if permission is given, no works shall take place if there is evidence of nesting birds.

Farmers must not carry out burning of any land (including uplands), scrub, heather, gorse, whin or fern (15 April – 31 August inclusive). Outside this period no burning should take place if there is evidence of nesting birds.

Farmers must notify DAERA of their intention to burn any land.

Farmers must not carry out any OTHER activities which are likely to result in the disturbance of birds, their nests and young or the deterioration of habitat affecting birds between 1 March and 31 August (inclusive). Outside this period no activity should take place if there is evidence of nesting birds.

Farmers must control, prevent spread and eradicate those terrestrial plant species classified as Widely Spread Species and any other listed species to which the Farm Sustainability Standards apply.

Farmers must comply with requirements of Invasive Alien Species restoration or management notices.

Farmers must control Noxious weeds before they have had time to flower, seed and spread.

This does not require a farmer to take any particular measure to prevent the encroachment by invasive species where taking such a measure conflicts with the management required of Areas of Special Scientific Interest, Special Protection Areas, Special Areas of Conservation, or archaeological sites.

Farmers must not remove hedgerows, dry-stone walls, earth banks nor lay drainage pipes and/or infill open ditches or sheughs without prior written permission (derogation) from DAERA.

Famers must not cut down nor remove trees with a trunk circumference greater than 1.5m (measured at a height up to 1m or at the top of the stump) without prior written permission (derogation) from DAERA

These requirements do not apply

(a)in the case of a hedgerow where there are health and safety reasons for hedgerow removal unless a Tree Preservation Order is in place in relation to that hedgerow.

(b)in the case of a permanently dry sheugh or ditch or a field boundary within, or marking the boundary of non-agricultural land other than the boundary of a public road.

Where written permission (derogation) has been received from DAERA to remove a landscape feature or where a farmer has removed a landscape feature without permission, farmers must carry out the mitigation requested by DAERA within the deadline set by DAERA.

Where written permission has not been received from DAERA, farmers must carry out mitigation requested by DAERA within the deadline set by it. This mitigation will be at least equal to 110% of the landscape feature.

Farmers must ensure that after harvesting, from the date of harvesting to 15 January in the following year, one of the following conditions is met on the land at any time:

the stubble of the harvested crop remains in the land; or

the land is sown with a crop which will reduce the risk of soil erosion; or

where soil or weather conditions prevent a subsequent crop from being sown, appropriate measures are put in place to limit soil erosion.

DAERA shall vary or suspend any of the requirements set out above where in its opinion–

(a)the farmer has prepared the land as a seedbed but is unable to sow the crop within 10 days because to do so would cause the land to be excessively trampled and/or rutted.

(b)an area is affected by extreme weather conditions which make it impracticable to comply.

Where DAERA has varied or suspended any of these requirements it shall publish directions to the farmers in the area concerned stating, with reasons, the details and duration of the variation or suspension, and the farmers shall comply with the requirements as varied in the directions.

These requirements do not apply in relation to any land between the date of harvesting and 15th January where—

(a)the land is used for a ploughing match and the farmer has received prior written permission from DAERA; or

(b)the land is ploughed as part of practice for a ploughing match.

Farmers must ensure that arable land is not cultivated within 1m of the edge of a watercourse (excludes sheughs).

Farmers must prevent land from being excessively trampled, poached, or rutted. Farmers must ensure supplementary feeding/watering sites and sacrifice areas are rotated and managed to prevent excessive trampling, poaching or vehicle rutting to minimise soil erosion and must not cause runoff to waterways. Sacrifice areas must have at least 90% grass/crop coverage by the end of the following spring.

Farmers must ensure there are no significant areas of bare soil (no visible remains of grass/vegetation), deep bare soil trenches/ruts caused by vehicle tracks. (min. threshold applies).

Farmers must limit the erosion of the banks of water courses (excluding sheughs), from overgrazing or heavy poaching by livestock. Farmers must limit poaching adjacent to watercourses.

These requirements do not apply :

(a)to land where they conflict with the commitments under management agreements entered into by the farmer in relation to any Area of Special Scientific Interest, Special Protection Area or Special Area of Conservation;

(b)to land which is located within 5 metres of a gateway or laneway and is not a semi-natural habitat;

(c)where overgrazing is a necessary consequence of measures taken to ensure animal welfare during periods of extreme weather conditions.

(d)poaching of soil is a necessary consequence of:

(i) mechanical operations that are required to improve the drainage of the waterlogged soil;

(ii) works that are required to ensure animal or human welfare ;

(iii)of harvesting a crop of fresh vegetables or fruit to meet contractual deadlines or where such produce would deteriorate if not harvested urgently.

DAERA shall vary or suspend any of these requirements in relation to an area and for a period of not more than two months, where in its opinion–

(a)an area is affected by extreme weather conditions; and

(b)those weather conditions justify the variation or suspension of these requirements, taking into consideration the economic impact of the weather conditions and the environmental effects of any variation or suspension of the requirements.

Where DAERA has varied or suspended any requirements , it shall publish directions to the farmers in the area concerned stating, with reasons, the details and duration of the variation or suspension, and the farmers shall comply with the requirement as varied in the directions.

Farmers must ensure that supplementary feeding sites (includes sacrifice areas) are located more than 20m from waterways, or 50m from boreholes or wells, or 250m from boreholes used for a public water supply.

Farmers must ensure that livestock drinking points are located at least 10m from waterways, where there is a significant risk of water pollution caused by soil erosion

These requirements shall not apply where the supplementary feeding site is necessary to ensure animal welfare during periods of extreme weather conditions.