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Cross Compliance Notes for Guidance

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Annex 2
Good Agricultural and Environmental Condition - Assessing Non-Compliance

GAEC Measure

GAEC Measure Requirements

Definition - Description and Measurement of the Extent of non-compliance

Extent - On farm /Off farm

Severity - Minimum / Medium /High

Permanence - Rectifiable (minor) /Rectifiable /Permanent

GAEC 1

All cropped land over the following winter must, where soil conditions after harvest allow, have either: crop cover, grass cover, stubble cover, ploughed surface or a roughly cultivated surface. Fine seedbeds must only be created very close to sowing.

Soil erosion:
- up to 0.5ha.

On farm / Off farm

Minimum

Rectifiable

- more than 0.5 ha but less than 5ha.

On farm / Off farm

High Medium

Rectifiable

- more than 5ha.

On farm / Off farm

Rectifiable

GAEC 2

In areas prone to wind erosion you must take steps to reduce the risk of soil loss in spring by maintaining crop cover, using coarse seedbeds, shelter belts or nurse crops, or use other appropriate measures with an equivalent effect.

Wind erosion identified no steps taken to reduce soil loss:
- up to 0.5ha.

On farm / Off farm

Minimum

Rectifiable

- more than 0.5 ha but less than 5ha.

On farm / Off farm

Medium

Rectifiable

- more than 5ha.

On farm / Off farm

High

Rectifiable

GAEC 3

On sites where capping is a problem you must form a coarse seedbed or break any cap that forms to avoid erosion.

Capping identified but no remedial action taken:
- up to 0.5ha.

On farm / Off farm

Minimum

Rectifiable

- more than 0.5 ha but less than 5ha.

On farm / Off farm

Medium

Rectifiable

- more than 5ha.

On farm / Off farm

High

Rectifiable

GAEC 4

Prevent erosion of land, particularly, banks of watercourses, watering points and feeding areas from overgrazing, heavy trampling or heavy poaching by livestock.

Where this occurs reduce stock until the land has recovered. All problems should be rectified at any time during the next growing season after the period that the problem has occurred.

This measure does not apply to areas within 10m of a gateway and 3m of farm tracks necessarily used during wet-periods.

Erosion caused by livestock from overgrazing, heavy trampling or heavy poaching:
- up to 0.5ha.

On farm / Off farm

Minimum

Rectifiable

- more than 0.5 ha but less than 5ha.

On farm / Off farm

Medium

Rectifiable

- more than 5ha.

On farm / Off farm

High

Rectifiable

GAEC 5

Maintain functional field drainage systems, including clearing ditches, unless environmental gain is to be achieved by not maintaining field drainage systems. Where environmental gain is to be achieved, this must be declared on the IACS return.

Erosion due to field drainage systems not being maintained:
- one field.

On farm / Off farm

Minimum

- more than one field but less than 5 fields.

On farm / Off farm

Medium

Rectifiable

- more than 5 fields.

On farm / Off farm

High

Rectifiable

GAEC 6

Follow the latest edition of the Muirburn Code.

Soil erosion due to non-compliance with the Muirburn code:
- burning unsuitable areas e.g. on shallow soils.

On farm / Off farm

Minimum

Rectifiable

- burning in unsuitable weather conditions e.g. windy conditions.

On farm / Off farm

Medium

Rectifiable

- out of control fire

On farm / Off farm

High

Rectifiable

GAEC 7

On arable land:

(i) Use suitable break crops in an arable rotation; or

(ii) Optimise the use of organic materials by basing rates of application on soil and crop needs. Where break crops are not used, a record should be kept for 5 years of organic materials and quantities applied to arable land.

Use of organic materials - no records.

On farm

Minimum

Rectifiable

No break crop or use of organic materials.

On farm

High

Rectifiable

GAEC 8

Incorporate livestock manures within 2 weeks after spreading on stubbles. In areas prone to wind erosion, incorporation of livestock manures can be delayed.

Manure not incorporated within 2 weeks:
- up to 0.5ha.

On farm

Minimum

Rectifiable

- more than 0.5ha but less than 5ha.

On farm

Medium

Rectifiable

- more than 5ha.

On farm

High

Rectifiable

GAEC 9

Do not carry out any cultivations if water is standing on the surface or the soil is saturated.

Cultivations carried out on saturated soils:
- up to 0.5ha.

On farm

Minimum

Rectifiable

- more than 0.5 ha but less than 5ha.

On farm

Medium

Rectifiable

- more than 5ha.

On farm

High

Rectifiable

GAEC 10

i) Avoid undergrazing at a level where the growth of scrub or coarse vegetation is detrimental to the environmental or agricultural interest in the field.

ii) Where undergrazing is identified, a management regime to be observed on that site must be approved by SEERAD.

Undergrazing to the detriment of the environmental or agricultural interest in the field:
- Undergrazing up to 2% of the holding.

On farm

Minimum

Rectifiable (minor)

- Undergrazing more than 2% but less than 10% of the holding.

On farm

Minimum

Rectifiable

- Undergrazing more than 10% but less than 20% of the holding.

On farm

Medium

Rectifiable

- Undergrazing more than 20% of the holding.

On farm

High

Rectifiable

Management regime not followed by end of next growing season:
- agreed stocking not met by up to 5%.

On farm

Minimum

Rectifiable (minor)

- agreed stocking not met by more than 5% but less than 25%.

On farm

Minimum

Rectifiable

- agreed stocking not met by more than 25% but less than 50%.

On farm

Medium

Rectifiable

- agreed stocking not met by more than 50%.

On farm

High

Rectifiable

- topping not carried out

On farm

High

Rectifiable

GAEC 11

i) Avoid overgrazing with livestock and other species in such numbers as to adversely affect the growth; structure; or species composition of vegetation on the land. The only exception to this is where vegetation is normally grazed to destruction to a significant degree ( i.e. land that is to be cultivated immediately after grazing by livestock, which remove the entire crop).

ii) Where overgrazing is as a result of an unexpected and unpredictable incursion of wild deer or geese and it can be shown that appropriate action had been taken to deal with the problem (including for deer, taking advice from the Deer Commission for Scotland where significant), then you will not be held accountable for overgrazing caused as a result of this infringement.

iii) Where overgrazing is attributable to rabbits you will be expected to provide evidence of use of available control methods.

iv) Where overgrazing is identified, a management regime to be observed on that site must be approved by SEERAD.

Overgrazing adversely affecting the growth, structure or species composition of the vegetation on the land.
Semi-natural habitats
a) Overgrazing up to 2% of the holding.

On farm

Minimum

Rectifiable (minor)

b) Overgrazing more than 2% but less than 10% of the holding.

On farm

Minimum

Rectifiable

c) Overgrazing more than 10% but less than 20% of the holding.

On farm

Medium

Rectifiable

d) Overgrazing more than 20% of the holding.

On farm

High

Rectifiable

Management regime not followed:
- agreed stocking exceeded by up to 5%.

On farm

Minimum

Rectifiable (minor)

- agreed stocking exceeded by more than 5 but less than 25%.

On farm

Minimum

Rectifiable

- agreed stocking exceeded by more than 25 but less than 50%.

On farm

Medium

Rectifiable

- agreed stocking exceeded by more than 50%.

On farm

High

Rectifiable

GAEC 12

Any proposal to plough up pasture of high environmental or archaeological value e.g. species-rich grassland, machair habitats, pastoral woodland and heather moorland will require the consent of the relevant authority ( e.g.SNH for land in SSSIs, SEERAD for land in an agri-environment agreement) or approval under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 ( SSI 2002/6).

Pasture of high environmental/archaeological value has been ploughed up:
- up to 0.5ha.

On farm

Minimum

Rectifiable

- more than 0.5 ha but less than 5ha.

On farm

Medium

Rectifiable

- more than 5ha.

On farm

High

Rectifiable

GAEC 13

To ensure the protection of rough grazings and other semi-natural areas you must not undertake new drainage works, ploughing, clearing, levelling, re-seeding or cultivating unless approved under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 ( SSI 2002/6).

Damaging works have been carried out on rough grazing and other semi-natural areas:
- up to 0.5ha.

On farm

Minimum

Rectifiable

- more than 0.5 ha but less than 5ha.

On farm

Medium

Rectifiable

- more than 5ha.

On farm

High

Rectifiable

GAEC 14

To ensure the protection of rough grazings and other semi-natural areas, pesticides, lime or fertiliser must not be applied except in certain cases specified below or as approved under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 ( SSI 2002/6).

Pesticides, lime or fertiliser applied to rough grazing and semi-natural areas:
- up to 0.5ha.

On farm

Minimum

Rectifiable

- more than 0.5 ha but less than 5ha.

On farm

Medium

Rectifiable

- more than 5ha.

On farm

High

Rectifiable

GAEC 15

i) Do not damage, nor without the prior written agreement of SEERAD and/or other statutory bodies remove or destroy any of the following boundary features: drystane or flagstone dykes, turf and stone-faced banks, walls, hedges and hedgerow trees, boundary trees and watercourses.

ii) No hedge trimming is permitted between 1 March and 31 July except for roadside hedge trimming, required in the interest of road safety.

iii) Written approval is not required where it is proposed to widen field entrances to enable access for livestock or farm machinery.

Damage to drystane or flagstone dykes, turf and stone-faced banks, walls, hedges and hedgerow trees, boundary trees and watercourses.

On farm

Minimum

Rectifiable

Removal of poor quality dykes, turf and stone-faced banks, walls or hedges

On farm

Medium

Permanent

Removal of good quality dykes, turf and stone-faced banks, walls or hedges

On farm

High

Permanent

Removal of hedgerow trees, boundary trees and watercourses.

On farm

High

Permanent

Hedge trimming between 1 March and 31 July

On farm

Medium

Rectifiable

GAEC 16

Avoid the deterioration of non-productive landscape features which are part of the agricultural unit, such as shelter belts, copses and ponds.

Deterioration is defined as:

i) Not maintaining functional stockproof fences around shelter belts and copses.

ii) Severe poaching where feeding and/or other husbandry practices of livestock occur in copses and shelterbelts.

iii) Failure to maintain ponds on the holding e.g. eutrophication, drainage.

Functional stock proof fences around shelter belts and copses have not been maintained.

On farm

Minimum

Rectifiable

Severe poaching in copses or shelter belts.

On farm

Medium

Rectifiable

Eutrophication of pond

On farm

Medium

Rectifiable

Pond has been drained.

On farm

High

Permanent

GAEC 17

i) Avoid altering, damaging or destroying protected elements of the historic environment. These elements are scheduled monuments, listed buildings and sites included in the Inventory of Historic Gardens and Designed Landscapes.

ii) Monuments of national importance are scheduled under the Ancient Monuments and Archaeological Areas Act 1979. No works affecting such monuments may be carried out or permitted without the prior written consent of the Scottish Ministers (known as Scheduled Monument Consent ( SMC)).

Damaged to Scheduled Monuments, Listed Buildings Historic Gardens and Designed Landscapes:
- up to 20% of site/feature

On farm

Minimum

Permanent

- more than 20% of the site/feature

On farm

Medium

Permanent

iii) Building of special architectural or historic interest are listed under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. The alteration or demolition of such buildings requires Listed Building Consent ( LBC) from the local planning authority.

Destruction of Scheduled Monuments, Listed Buildings Historic Gardens and Designed Landscapes.

On farm

High

Permanent

GAEC 18

i) Avoid the encroachment of unwanted vegetation which degrades the agricultural and environmental value of the land to the extent that the land is not capable of returning to agricultural production by any time during the next growing season.

ii) Taking the above into account, the encroachment of native species is allowed in the following instances:

  • Recolonisation of trees across the boundary line from native woodland.
  • Recolonisation of scrub species such as gorse, birch and juniper as part of a mosaic of habitats.
  • Reversion of land to wet grassland or wetland.

Land infested with unwanted vegetation and not capable of returning to agricultural production by any time during the next growing season:
- up to 20% of a field.

On farm

Minimum

Rectifiable

- more than 20% but less than 50% of the field.

On farm

Medium

Rectifiable

- more than 50% of the field.

On farm

High

Rectifiable

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Page updated: Friday, December 9, 2005