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ANNEX A
CALCULATION OF LIVESTOCK UNITS AND STOCKING DENSITY

This Annex is intended to help you work out your total Livestock Units ( LU) and Stocking Density, as it applies to LFASS 2006 and should be read in conjunction with paragraphs 6 and 7 of these Notes.

This is for your own information - our computer system will calculate the stocking density for your LFASS 2006 claim based on your SAF 2005 land information and the 2004 animal information we already hold in relation to your LFASS 2005 claim.

LIVESTOCK UNITS

* (i.e. 1.995 rounds to 2.00 and 1.994 rounds to 1.99)

ANNEX B
PAYMENT CALCULATION EXAMPLES

The following examples show the level of payment due in the exact circumstances described:

Example 1 - No land composition change between 2001 and 2005: A producer's main farm code is located in the standard area. The farmer has declared land of a single grazing category in his AAAs between 2001 and 2005. His 2001 stocking levels placed him in category D (see paragraph 11.4.1 of these Notes), and in the less disadvantaged land category; his stocking density on the basis of his land in 2005 and animals in 2004 is 0.70 lu/ha; and he has 100% cattle livestock units (see paragraph 8.2 of these Notes).

Example 2 - No land composition change between 2001 and 2005: A producer's main farm code is located in the mainland fragile area. The farmer has declared land of a single grazing category in his AAAs between 2001 and 2005. His 2001 stocking levels placed him in category B (see paragraph 11.4.1 of these Notes), and in the more disadvantaged land category; his stocking density on the basis of his land in 2005 and animals in 2004 is 0.25 lu/ha; and he has 30% cattle livestock units (see paragraph 8.2 of these Notes)

Example 3 - Acquired land of a different grazing category between 2001 and 2005: A producer's main farm code is located in the islands, very-fragile area. The farmer declared 300ha of land in his AAA 2001 and his stocking levels in 2001 placed this land in grazing category A (see paragraph 11.4.1 of these Notes) and for LFASS 2006, in the more disadvantaged land category. This land was included in his SAF 2005 along with a further 40ha acquired, classified as grazing category C based on it's 2001 stocking levels, and in the less disadvantaged land category. Based on the combined total of 340ha declared in his SAF 2005; and his eligible animals in 2004, the farmers current stocking density is 0.20. He also has 15% cattle livestock units (see paragraph 8.2 of these Notes).

Example 4 - Minimum stocking density (min SD) restriction: A producer's main farm code is located in the islands very-fragile area. The farmer has declared land of a single grazing category in his AAAs between 2001 and 2005. His 2001 stocking levels placed him in category A (see paragraph 11.4.1 of these Notes) and in the more disadvantaged land category. His stocking density on the basis of his land in 2005 and animals in 2004 is 0.10 lu/ha (below the minimum stocking density limit - see paragraph 11.3.1 of these Notes). He has 6 livestock units, all sheep, on 60ha of land.

Example 5 - Maximum stocking density (Max SD) restriction: A producer's main farm code is located in the standard area. The farmer has declared land of a single grazing category in his AAAs between 2001 and 2005. His 2001 stocking levels placed him in category D (see paragraph 11.4.1 of these Notes) and in the less disadvantaged land category. His stocking density on the basis of his land in 2005 and animals in 2004 is 1.5 lu/ha (above the maximum stocking density limit - see paragraph 11.3.2 of these Notes). He has 150 livestock units, 100% of which are cattle, on 100ha of land.

Example 6 - Ineligible land used for dairying outwith the LFASS ring-fence milk quota area: A producer has a dairy farm and also has sheep. The main farm code is located in the standard area. His 2001 stocking levels placed him in category D (see paragraph 11.4.1 of these Notes) and in the less disadvantaged land category. His stocking density on the basis of his land and eligible animals in 2005 is 0.50 lu/ha. He declared 200ha of land in his SAF 2005, and in 2004 had 92 sheep livestock units and 114,600 litres of milk quota (see
paragraph 11.2 and Annex A of these Notes).

Example 7-Minimum payment top up: A producer with a small farm has an area entitlement, calculated on the basis of his low number of eligible hectares and stock, that is less than £350.

ANNEX C
GOOD FARMING PRACTICE GUIDELINES - SCOTLAND

Regulation 1750/1999 states (Article 19) that where a farmer/crofter(s) enters into an
agri-environmental commitment in relation to part of the farm/croft, he/she shall adhere to at least the standard of good farming practice in relation to the whole of the farm/croft. Also Council Regulation 1257/1999 (Less Favoured Areas and Areas with Environmental Restrictions) Article 14.2 states that compensatory allowances shall be granted per hectare of areas used for agriculture to farmers who apply usual good farming practices compatible with the need to safeguard the environment and maintain the countryside, in particular by sustainable farming.

It is a condition of approval that you comply with the Standard of Good Farming Practice and any future revisions to it. A list of the verifiable standards of Good Farming Practice follows, and the complementary environmental regulations are detailed at the end of this section.

If you are subject to investigation by SEPA or any other enforcement agency for a breach of any environmental regulation we may have to consider delaying the payment of a claim until the outcome of the investigation is known.

The verifiable standards of Good Farming Practice are ones which are complementary to existing legislative requirements and are capable of verification by Scottish Executive Environment and Rural Affairs Department ( SEERAD) staff to EU audit standards as part of our existing checks on agri-environment scheme participants.

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

High concentrations of stock often cause poaching, frequently as a result of supplementary feeding practices, with obvious damage to the vegetation. When feed blocks are used, it will often be preferable to rotate feeding sites, but if hay is fed, sacrificial areas may be more desirable due to the risk of site rotation spreading introduced grass seeds over larger areas, to the detriment of the natural herbage.

Overgrazing is defined as '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'. Scheme participants will have an obligation to manage their stock in such a way as to prevent damage to sensitive habitats that are important for biodiversity reasons. Examples are juniper and montane scrub, herb-rich swards, already eroded areas and wetland habitats as well as other natural and semi-natural habitats. Cases of suspected overgrazing will be investigated. Where overgrazing is identified, a management regime including a maximum (and where appropriate a minimum) stocking rate to be observed on that site will be prescribed. Failure to observe the stocking limit thereafter would be a breach of this condition.

Unsuitable Supplementary Feeding

Unsuitable supplementary feeding means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles. Please note that if you claim that weather conditions were abnormal, you will be asked to demonstrate that your usual feeding practice was not adequate to maintain your animals during the abnormal conditions. Cases of suspected unsuitable supplementary feeding will be investigated and failure to follow advice thereafter would be a breach of this condition.

Undergrazing or under-utilisation is defined as 'grazing at a level where there is evidence of the annual growth not being fully utilised, or scrub or course vegetation is becoming evident, and such changes are detrimental to the environmental interest of the site'. Where undergrazing is identified, a management regime including a maximum (and where appropriate a minimum) stocking rate to be observed on that site will be prescribed. Failure to observe the stocking limit thereafter would be a breach of this condition.

1.2 Animal owners and keepers must ensure good welfare of their animals

• Animals must not be caused any unnecessary pain or suffering.
• Animals must be inspected at regular intervals.
• Animals kept in buildings must have access to a well maintained drying area.
• Animal buildings must be constructed in a way that will not be harmful to animals.
• Where necessary artificial light must be provided and animals should not be kept without an appropriate period of rest from artificial light.
• Animals must be fed a diet of sufficient quality and quantity to maintain them in good health and to satisfy their nutritional needs.
• All animals must 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.
• Movement of animals should not be restricted in such a way as to cause them unnecessary suffering or injury.

1.3 Competence of animal keepers

Keepers of animals must not attend to them unless they have access to the appropriate Statutory Welfare Codes and are knowledgeable about the provisions within the Codes.

1.4 Care of ill or injured Animals

Ill or injured animals must be cared for appropriately without delay and, where necessary, veterinary advice must be obtained as soon as possible. Records must be maintained of the medicinal treatment given to animals and of the number of mortalities.

1.5 Drystone or flagstone dykes or walls, hedges and hedgerow trees on your land are important elements of a traditional landscape and provide valuable habitats for a diverse range of plants and animals. The removal or clearance of such features will not be permitted except with the prior written agreement of SEERAD or other appropriate Government Agency.

Enforcement will be through visual assessment of any recent damage during field checks.

1.6 Trimming of hedgerows on your land, if carried out between 1 March and 31 July, may damage the conservation interest of this habitat. No hedge trimming during this period will be allowed.

Enforcement will be through visual evidence of recent damage during any checks carried out.

1.7 You are required to notify Scottish Natural Heritage of any intended operations that are likely to damage any Site of Special Scientific Interest on your land.

It is a condition of LFASS that participants will not proceed with any such operations without having obtained prior approval from Scottish Natural Heritage. Checks will be made to see that any damaging operations that appear to have been carried out have had prior approval from SNH.

1.8 If a new silage or slurry storage facility is constructed on your land, you must notify the Scottish Environment Protection Agency before starting to use it.

Checks will be carried out to see that this notification has been given for any new stores.

1.9 You must obtain prior authorisation from the Scottish Environment Protection Agency before disposing of sheep dip on your land.

Checks will be made to see that either an authorisation has been obtained or that there is justifiable reason why no authorisation is needed in that individual case.

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

Before felling trees you should check with the Forestry Commission and confirm whether a felling licence is required. If a felling licence is issued, you may be asked to produce it during an inspection.

Please Note:SEERAD keeps these guidelines under review and changes can be introduced by amendments to underlying legislation. If you are in any doubt about how any of the guidelines may be applied to your own circumstances, you are advised to contact your local SEERAD area office for confirmation of the up-to-date guidelines in force.

ENVIRONMENTAL LEGISLATION:
MINIMUM ENVIRONMENTAL STANDARDS (SCOTLAND)

Relevant Legislation Subject Enforcement Agency

ANNEX D
ENVIRONMENTAL CONTROLS

The legislative authority for LFASS lies in the EC Rural Development Regulations. One of the main objectives of these regulations is to maintain the countryside and promote sustainable farming systems which take particular account of environmental protection requirements. With this in mind, from 2004, to qualify for LFASS you mustcomply with five new environmental conditions. These measures (listed below) build on the Good Farming Practice Guidelines outlined in Annex C, and are aimed at maintaining landscape, biodiversity and habitats of conservation value, and at avoiding the consequences of overgrazing and unsustainable farming:

• to ensure the protection of rough grazing and other semi-natural areas, applicants must not undertake new drainage works, ploughing, clearing, levelling, re-seeding or cultivating. Livestock must be managed to avoid poaching to a level which would destroy the natural vegetation;
• also, to ensure the protection of rough grazings and other semi-natural areas, pesticides, lime or fertiliser must not be applied. Exceptions are allowed in the following circumstances:-

1. To control weeds covered by the Weeds Act 1959:

2. For the control of bracken with Asulam or other approved herbicides:

or

3. Exceptionally, the application of lime or fertiliser where no conservation damage will result.

• muirburn must comply with the Muirburn Code to protect and manage valuable habitats such as regenerating Scots pine, blanket bog and moorland juniper;
• participants must avoid damage to features of historical or archaeological interest and follow the Scottish Executive guidance on the protection of these areas; and
• participants must follow the Scottish Executive guidance on the prevention of Environmental Pollution from Agricultural Activity code to avoid or at least minimise the risk of pollution, through good management of nutrients and effluents.

Any of these works may be carried out if approved under the Environmental Impact Assessment (uncultivated and semi-natural areas) Regulations 2002.

These conditions bring LFASS applicants into line with the basic requirements of the Rural Stewardship Scheme.

ANNEX E

ANNEX F

AYR
Russell House
King Street
Ayr
KA8 0BE Tel: 01292 610188

BENBECULA
Balivanich
Isle of Benbecula
PA88 5LA Tel: 01870 602346

DUMFRIES
Government Buildings
161 Brooms Road
Dumfries
DG1 3ES Tel: 01387 274400

ELGIN
32 Reidhaven Street
Elgin
IV30 1VE Tel: 01343 547514

GALASHIELS
Cotgreen Road
Tweedbank
Galashiels
TD1 3SG Tel: 01896 758333

HAMILTON
Cadzow Court
3 Wellhall Road
Hamilton
ML3 9BG Tel: 01698 281166

INVERNESS
Longman House
28 Longman Road
Inverness
IV1 1SF Tel: 01463 234141

INVERURIE
Thainstone Court
By Inverurie
Aberdeenshire
AB515YA Tel: 01467 626222

KIRKWALL
Tankerness Lane
Kirkwall
Orkney
KW15 1AQ Tel: 01856 875444

LAIRG
Ord Croft
Lairg
Sutherland
IV27 4AZ Tel: 01549 402167

LERWICK
Charlotte House
Commercial Road Lane
Lerwick
ZE1 0HZ Tel: 01595 695054

OBAN
Cameron House
Albany Street
Oban
PA34 4AE Tel: 01631 563071

PERTH
(Incorporating the former
Dundee and Stirling areas)
Broxden Business Park
Lamberkine Drive
Perth
PH1 1RZ Tel: 01738 602000

PORTREE
Estates Office
Portree
Isle of Skye
IV51 9DH Tel: 01478 612516

STORNOWAY
10 Keith Street
Stornoway
Isle of Lewis
HS7 2QG Tel: 01851 702392

THURSO
Strathbeg House
Clarence Street
Thurso
KW14 7JS Tel: 01847 893104

Head Office Address:
Scottish Executive
Environment and Rural Affairs Department
(Hill Farming and Livestock Subsides Branch)
Pentland House
47 Robb's Loan
EDINBURGH EH14 1TY

The code number of your holding should be quoted in any correspondence
with the Department regarding your application for the payment of LFASS.

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