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ANNEX J

Section 1 The Standard of Good Farming Practice ( GFP) including Good Animal Husbandry ( GAH)

Commission Regulation ( EC) No. 817/2004 Article 20 states that where you enter into an agri-environmental or animal welfare commitment for part of your holding, you must meet the standard of good farming practice for all of the holding.

Under this scheme, you must keep to the Standard of Good Farming Practice and any future revisions to it. See the list of verifiable standards of Good Farming Practice and the complementary environmental regulations at the end of this section.

If SEPA or any other enforcement agency investigate you for a breach of any environmental regulation, we may have to delay your payment until we know the investigation outcome.

The verifiable standards of Good Farming Practice are ones complementary to existing legislative requirements which our staff can verify to EU audit standards during our existing checks on agri-environment and Menu Scheme participants.

The standard of GFP

1.1 On rough grazings, unimproved grassland, reverted improved grassland, machair and dune grassland, wetlands and native, amenity or semi-natural woodlands, ensure that you manage livestock to avoid either overgrazing or undergrazing.

High concentrations of stock often cause poaching with obvious damage to the vegetation. Frequently this results from supplementary feeding practices. If you use feed blocks, preferably rotate your feeding sites. If you feed hay, the risk of site rotation spreading introduced grass seeds over larger areas, to the detriment of the natural herbage means that sacrificial areas may be more desirable.

Overgrazing means 'grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree'. You have to manage your stock so that you prevent damage to sensitive habitats important for biodiversity. Examples are juniper and montane scrub, herb-rich swards, already eroded areas and wetland habitats as well as other natural and semi-natural habitats. We will investigate cases of suspected overgrazing. Where we identify overgrazing, we will specify a management regime to be observed on that site - this will include a maximum (and where appropriate a minimum) stocking rate. If you do not keep to the stocking limit after that you will be in breach.

Unsuitable supplementary feeding

Unsuitable supplementary feeding means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner that results in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles. If you claim that weather conditions were abnormal, you will have to show that your usual feeding practice was not adequate to maintain your animals during the abnormal conditions. We will investigate cases of suspected unsuitable supplementary feeding and if you do not follow advice given you will be in breach.

Undergrazing or under-utilisation means 'grazing at a level where there is evidence of the annual growth not being fully utilised, or scrub or coarse vegetation is becoming evident, and such changes are detrimental to the environmental interest of the site'.

1.2 Drystone or flagstone dykes or walls, hedges and hedgerow trees on your land are important elements of a traditional landscape. They provide valuable habitats for a diverse range of plants and animals. You cannot remove or clear such features unless you have our written agreement in advance (or that of another appropriate Government Agency).

We will check this by looking for any recent damage during inspections.

1.3 If you trim hedgerows on your land between 1 March and 31 July, you may damage the conservation interest of this habitat. You cannot hedge trim during this period.

We will check this by looking for any recent damage during inspections.

1.4 You must tell Scottish Natural Heritage of any intended operations likely to damage any Site of Special Scientific Interest on your land.

Under the scheme, you cannot proceed with any such operations without having obtained prior approval from Scottish Natural Heritage. We will check that any damaging operations you appear to have done had approval from SNH in advance.

1.5 If you construct a new silage or slurry storage facility on your land, you must tell the Scottish Environment Protection Agency before you start to use it.

We will check that you have made this notification for any new stores.

1.6 You must get authorisation from the Scottish Environment Protection Agency before disposing of sheep dip on your land.

We will check that you got this authorisation or why no authorisation is needed.

1.7 In most cases, you must get a Felling Licence or approval under a Forestry Commission endorsed Grant Scheme before felling trees.

Before felling trees check with the Forestry Commission to see if you need a felling licence. If you get a felling licence, we may ask to see it during an inspection.

Good Animal Husbandry

1.8 Animal owners and keepers must ensure good welfare of their animals:

• you must not cause animals any unnecessary pain or suffering;
• you must inspect animals at regular intervals;
• if you keep animals in buildings, they must have access to a well maintained drying area;
• you must construct animal buildings so that they are not harmful to animals;
• where necessary, you must provide artificial light and must not keep animals without an appropriate period of rest from artificial light;
• you must feed animals a diet of sufficient quality and quantity to keep them in good health and to satisfy their nutritional needs;
• you must allow all your animals to have access to feed at appropriate intervals (at least once a day) and a suitable water supply or to be able to satisfy their fluid intake by other means;
• you must not restrict movement of animals in such a way as to cause them unnecessary suffering or injury.

1.9 Competence of animal keepers:

• animal keepers must have access to the appropriate Statutory Welfare Codes and be knowledgeable about the provisions within the codes.

1.10 Care of ill or injured animals:

• you must care for ill or injured animals appropriately without delay and, where necessary, seek veterinary advice quickly;
• you must keep records of your animals' medicinal treatment and of the number of deaths.

Please Note: We keep these guidelines under review and can amend the underlying legislation. If you are in any doubt about how any of the guidelines apply to you, contact your area office to check the current guidelines.

Section 2 Environmental Legislation

MINIMUM ENVIRONMENTAL STANDARDS (SCOTLAND)

Section 3 General Environmental Conditions

If you do not meet all the general environmental conditions, you will have breached the Scheme rules and we may have to withhold or reduce your payments, or recover payments we made. We may also charge interest and, depending on the nature of the breach of the conditions apply a financial penalty. (See Part 1, Section 8 on breaches of Scheme rules.)

3.1 On rough grazings, unimproved grassland, reverted improved grassland, machair and dune grassland, wetlands, water margins, and native, amenity or semi-natural woodlands, you should avoid damaging the conservation interest by not undertaking new drainage works, ploughing, clearing, levelling, re-seeding or cultivating and ensure that livestock are managed to avoid poaching.

Ploughing, cultivating and re-seeding results in the natural vegetation being destroyed and replaced with sown grasses. New drainage works, and modification of existing drains, cause lowering of the water table leading to the loss of wetland plant communities and their associated fauna. In nearly all areas of deep peat, you should not carry out re-cutting moorland grips as we consider it damaging.

3.2 Do not apply pesticides, lime or fertiliser (including farmyard manure and slurry) to rough grazings, unimproved pasture, reverted improved grassland, machair and dune grassland, wetlands, water margins, native, amenity or semi-natural woodlands and scrub.

This restriction protects the flora in areas where increased fertility would be detrimental to keeping the existing diversity of species threatened by the use of herbicides. Loss of diversity in the flora would also lead to less associated fauna and this could also be threatened by pesticides.

But you may apply herbicides to control bracken, spear thistle, creeping or field thistle, curled dock, broadleaved dock, or ragwort. If you get written approval from us first, you may use them for the control of other plants.

You must apply any herbicides by either weed wiper, spot treatment, hand spraying, or tractor mounted sprayers. If you get written approval from us first, you may use other methods.

For bracken, you may only apply chemical control by means of Asulam or other chemicals which we have given written approval.

In exceptional circumstances, where no damage to the conservation interest will result, you may apply lime or fertiliser including farmyard manure and slurry to any of the habitats mentioned above. But you must first get written approval from us.

3.3 You must ensure that any injurious weeds to which the Weeds Act 1959 applies are controlled to prevent their spread and avoid the risk of damage to the conservation interest of any habitat or feature on the unit.

We consider Injurious weeds to be a potentially serious threat to agricultural production. If they spread into areas of conservation interest, they may reduce the diversity of species and deteriorate the landscape. The Weeds Act applies to the following injurious weeds: Spear thistle ( Cirsium vulgare), Creeping or Field thistle ( Cirsium arvense), Curled dock ( Rumex crispus), Broad-leaved dock ( Rumex obtusifolius) and Ragwort ( Senecio jacobaea). The Act empowers us to serve notice requiring you to take action to prevent such weeds from spreading.

3.4 You must ensure that any muirburn shall be carried out in accordance with the guidance approved by Scottish Ministers. A copy of the guidance is available from your area office.

When the Moorland Management Plan includes an annual programme of muirburning, you must complete the work to a satisfactory standard.

3.5 You must avoid damaging or destroying any features or areas of historic or archaeological interest and follow Scottish Ministers' guidance for the protection of such features or areas.

The following summarises the relevant guidance:

• maintain existing grass or heather cover. When re-seeding avoid ploughing or other soil disturbance;
• maintain grazing, but avoid erosion. Do not feed animals on ancient monuments;
• do not plant trees or encourage regeneration within 20 metres of an ancient monument and avoid panbusting and subsoiling. Where an ancient monument is isolated within an arable field, do not plough it. Leave an unploughed buffer zone of 5 metres around it;
• do not carry out new drainage on or near an ancient monument. Take great care to avoid new disturbance when maintaining existing drains;
• if you carry out rabbit control, avoid ground disturbance;
• do not permit peat cutting, quarrying, dumping or storing of any material on the site of an ancient monument;
• do not erect fences or other structures or create access tracks within 10 metres of an ancient monument. Avoid the use of wheeled or tracked vehicles on or near ancient monuments;
• do not allow the use of metal detectors on ancient monuments or remove any archaeological finds. Report any finds or new features to Historic Scotland, the local authority archaeologist or the local museum.

3.6 You should follow the guidance approved by Scottish Ministers for the avoidance of pollution.

The Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity ( PEPFAA Code) is a practical Guide on avoiding pollution. It covers the main agricultural activities giving rise to pollution and describes some of the management practices that avoid, or minimise, the risk of pollution while allowing economic agricultural practice. You can get copies of the PEPFAA Code from your area office or our website www.scotland.gov.uk/menuscheme.

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