The Farming with Nature Scheme Regulations (Northern Ireland) 2025

In these Regulations—

• “applicant” means an eligible farm business which has applied for a scheme payment under the scheme;

• “authorised person” means any person authorised by the Department to act in matters relating to these Regulations;

• “designated watercourse” means a watercourse designated by the Drainage Council under the Drainage (Northern Ireland) Order 1973^f1

• “the Department” means the Department of Agriculture, Environment and Rural Affairs;

• “eligible farm business” means a farm business operating on the land upon which one of the eligible scheme actions listed in Schedule 1 and eligible supporting items listed in Schedule 2 occur and meets the eligibility criteria listed in regulations 4 to 7;

• “eligible scheme actions” means the actions listed in Schedule 1;

• “eligible supporting items” means the items listed in Schedule 2;

• “EFS” means the Environmental Farming Scheme administered by the Department under Regulation (EU) No.1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development and Commission Delegated Regulation (EU) No.640/2014^f2;

• “farm business” means a farm business which holds a DAERA Farm Business ID number;

• “gate and two posts” means a gate and two posts which meet the criteria in Schedule 2;

• “LPIS” means the Land Parcel Identification System maintained by the Department;

• F1“machinery” includes–

  1. (i)

     digging machines;

  2. (ii)

     mobile cranes;

  3. (iii)

     generators or compressors;

  4. (iv)

     construction equipment, including wheel loaders, bulldozers, crawler tractors, crawler loaders, truck-type loaders, off highway vehicles and hydraulic excavators;

  5. (v)

     agricultural equipment;

  6. (vi)

     self-propelled agricultural vehicles including tractors and quad vehicles; and

  7. (vii)

     fork-lift trucks

• “management control” in relation to an applicant, means the power to manage the fields in which eligible scheme actions and eligible supporting items are implemented with a degree of autonomy in respect of those fields sufficient for the carrying out of eligible scheme actions and eligible supporting items;

• F2“permanent grassland sensitive area” means as required by Article 32A of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy areas including peat and wetlands covered by either or both the Wild Birds Directive and the Habitats Directive which are environmentally sensitive and which need protection to meet the requirements of these directives;

• “post” means a post which is—

  1. (a)

     new and commercially available; and

  2. (b)

     does not consist of wooden materials;

• “protective fencing” means fencing which meets the criteria in Schedule 2;

• “retention period” means the length of time stated in Schedule 1 for which the respective eligible scheme actions completed by the eligible farm business must be retained;

• “scheme” means the Farming with Nature Transition Scheme administered by the Department;

• “scheme payment” means a payment under regulation 8;

• “scheme year” means–

  1. (a)

     in the initial year of operation, the period beginning on 19th June 2025 and ending on 31st March 2026;

  2. (b)

     in the second year, the period beginning on 1st April 2026 and ending on 31st March 2027;

• “Tier 1 land” means fields that are within sites designated as special areas of conservation, special protection areas and Ramsar sites^f3 by the Department;

• “Tier 2 land” means fields that are within sites designated as biological Areas of Specific Scientific Interest by the Department;

• “Tier 3 land” means Northern Ireland priority habitats^f4 and species areas outside sites designated by the Department;

• “watercourse” means any channel through which water may flow as identified by the Department using LPIS data.

The Interpretation Act (Northern Ireland) 1954^f5 shall apply to these Regulations as it applies to an Act of the Assembly.

An eligible farm business shall—

An applicant must have management control of the fields in which eligible scheme actions and eligible supporting items are implemented.

The Department shall not make a payment to an applicant until the applicant has returned to the Department a signed form of acknowledgement and understanding of scheme payment conditions declaration in such form as the Department may determine.

Subject to regulations 5 and 6 and to paragraph (1), the Department shall pay an applicant an amount not exceeding F1£20,000 for work completed in relation to eligible scheme actions and eligible supporting items each scheme year.

Schedule 3 lists the payments rates the Department will use to pay applicants for work completed for eligible scheme actions and eligible supporting items.

Article 19 shall not apply;

in Article 36, the words from “The suspension” to the end of the article shall not apply.

The Department shall use the information recorded on LPIS to determine whether the requirements in Schedule 1 are met.

The LPIS information shall be conclusive evidence unless otherwise rebutted or corrected to the satisfaction of the Department.

This regulation applies where an application for payment has been approved by the Department and it becomes aware that the applicant—

Subject to paragraph (3), the Department may—

Before exercising the power under paragraph (2), the Department must by a withdrawal or recovery notice, (“the notice”)—

An authorised person may exercise any of the powers specified in paragraphs (2) to (4) for the purposes of these Regulations.

An authorised person on producing, if so required, a duly authenticated document showing the person’s authority to do so, may at all reasonable hours enter any land other than a building used only as a dwelling house.

An authorised person may—

An authorised person entering any premises or land by virtue of this regulation may take with them such other persons as they consider necessary.

For the purposes of this regulation a computer includes any electronic device.

Any person who—

Nothing in paragraph (1) shall be construed as requiring any person to answer any question if to do so may incriminate that person.

A person guilty of an offence under paragraph (1)(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

A person guilty of an offence under paragraph (1)(b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

plant a hedgerow–

ensure each individual length of new hedgerow planted is a minimum of 10 metres;

plant three or more species of native hedge plants listed in Schedule 4 with an average of 6 native plants per metre;

protect newly planted hedgerows from damage by grazing livestock or wildlife on all sides;

manage the hedgerow to prevent growth being negatively affected by weeds;

manage and maintain the full length of hedgerow planted;

complete all work related to this action by 28th February 2027;

retain evidence, as the Department may specify, of the quantity and species of native hedge plants used;

not plant a new hedgerow–

ensure if erecting protective fencing it meets the eligibility criteria in Schedule 2.

establish it–

create a riparian buffer strip that is;

erect continuous protective fencing adjacent to the entire length of the watercourse along–

install a gate and two posts to riparian buffer strips 7 metres wide every 150 metres, or part thereof;

ensure access to the watercourse for maintenance purposes is not obstructed;

complete all work related to this action by 28th February 2027; and

retain the riparian buffer strip for a period of at least 15 years beginning with 28th February 2027.

An applicant planting trees must–

The criteria in paragraphs (2), (3), (4) and (5) apply to this action.

This action may be completed on arable land on which is growing–

This action must not be completed on–

An applicant may retain winter stubble on a minimum area of 0.1 hectare.

An applicant retaining winter stubble must–

The criteria in paragraphs (2), (3) and (4) apply to this action.

This action must be completed on arable land.

An applicant establishing multi-species winter cover-crop must–

This action must not be completed on permanent grassland sensitive areas.

not create it on–

not apply–

not apply plant protection products, except for the spot treatment of noxious or invasive weeds;

create it along part of or for the entire field boundary, where the main field crop is cereal, in line with normal husbandry practice;

create it in a minimum area of 0.1 hectare;

protect it from grazing and damage by livestock or machinery; and

ensure that it is retained until 28th February 2027.

not create it on permanent grassland sensitive areas;

not apply–

not apply plant protection products, except for the spot treatment of noxious or invasive weeds;

create it along part or for the entire field boundary, where the main field crop is cereal in line with normal husbandry practice;

create it in a minimum area of 0.1 hectare;

establish it using an untreated seed mix of tussock forming grasses and fine grasses listed in Table 1 of Schedule 6;

protect it from grazing and damage by livestock or machinery;

retain evidence, as the Department may specify, of the seed mix used;

establish it by 28th February 2027; and

retain it for at least 5 years beginning with 28th February 2027.

not create it on permanent grassland sensitive areas;

not apply–

not apply plant protection products, except for the spot treatment of noxious or invasive weeds;

create it along part or for the entire field boundary, where the main field crop is cereal, in line with normal husbandry practice;

create it in a minimum area of 0.1 hectare;

establish it using an untreated seed mix meeting the requirements in Schedule 7;

protect it from grazing and damage by livestock or machinery;

retain evidence, as the Department may specify, of the seed mix used;

establish it by 30th September 2026; and

retain it for at least 5 years beginning with 30th September 2026.

not establish it on permanent grassland sensitive areas;

not apply plant protection products, except for the spot treatment of noxious or invasive weeds;

not apply inorganic fertilisers containing nitrogen;

establish it using a minimum seed mix of 2 grass species, 2 herbs species and 2 legumes species respectively listed in Parts 1, 2 and 3 of Schedule 8;

establish it so that it–

retain evidence, as the Department may specify, of the seed mix used;

establish it by 28th February 2027; and

retain it for at least 3 years beginning with 28th February 2027.

not establish it on permanent grassland sensitive areas;

not apply plant protection products, except for the spot treatment of noxious or invasive weeds;

not apply inorganic fertilisers containing nitrogen;

not cut the crop for forage;

establish it using a minimum of 4 grass species, 4 herbs species and 4 legumes species respectively listed in Parts 1, 2 and 3 of Schedule 8;

establish it so that it–

retain evidence, as the Department may specify, of the seed mix used;

establish it by 28th February 2027; and

retain it for at least 3 years beginning with 28th February 2027.

ensure growth is not negatively affected by weeds;

replace dead species with species listed in Schedule 4 to maintain an average of 5 plants per metre;

protect hedgerows on all sides as required from damage by grazing livestock and wildlife;

if installed, maintain protective fencing in stock-proof condition; and

complete all work relating to this action by 28th February 2027.

not apply–

not apply plant protection products, except for the spot treatment of noxious or invasive weeds;

not cut the vegetation in the 2 metre width next to the watercourse;

maintain protective fencing, access gate or gates and gate posts in stock-proof condition;

cut the vegetation in the 5 metre width next to the field after the 31st August 2026 and remove the cuttings;

ensure access to watercourses for maintenance purposes is not obstructed; and

complete all work relating to this action by 28th February 2027.

ensure each planted tree is supported, and protected from damage by grazing livestock and wildlife;

replace dead trees with species listed Schedule 5 to maintain a minimum planting density of 1280 trees per hectare;

ensure growth is not negatively affected by weeds;

maintain protective fencing, access gate or gates and gateposts in stock-proof condition; and

complete all work relating to this action by 28th February 2027.

erect protective fencing using new and commercially available materials;

erect protective fencing which is permanent; and

construct the protective fencing using wire which–

erect that gate and two posts using materials which are new and commercially available;

not use wooden posts; and

install gates of at least 4.27 metres (14ft) wide.

install one which is new and commercially available;

place it on a concrete base; and

install the drinking trough and its concrete base at least 10 metres from any watercourse.

install one which is new and commercially available; and

install it at least 10 metres from any watercourse.