A condition of receiving payments for the Business audits under Axis 1 and Land Managers Options which come under Axis 2 (except Woodland creation on non-agricultural land) is that you will have to comply with cross compliance.
Cross compliance is made up of Statutory Management Requirements and Good Agricultural and Environmental Condition:
- Statutory Management Requirements (SMRs) are based on legislative requirements relating to the environment, public, animal and plant health and animal welfare. The SMRs are already legally binding on all land managers throughout Scotland.
- Good Agricultural and Environmental Condition (GAEC) measures are based on a framework to address soil erosion, soil organic matter, soil structure and the minimum level of maintenance. The GAEC measures have been developed to reflect the wide variability of soils and habitats found throughout Scotland.
Full information about cross compliance, including detailed guidance on the Statutory Management Requirements and Good Agricultural and Environmental Condition, can be found on the cross compliance pages of the Scottish Government website at - www.scotland.gov.uk/Topics/Agriculture/grants/Schemes/ccompliance
Minimum Requirements for fertiliser and plant protection product use
A condition of receiving payments for the Land Managers Options which come under Axis 2 (except those relating to Woodlands) is that you will have to comply with the minimum requirements for fertiliser and plant protection product use.
The minimum requirements are:
Fertiliser use - beneficiary must comply with the standards set out in the section 'Nitrogen and Phosphorus' of the Prevention of Environmental Pollution from Agricultural Activity (PEPFAA) Code of Good Practice.
Plant protection product use - beneficiary must comply with the Control of Pesticides Regulations 1986 and amended in 1997. The Code of Practice for using plant protection products in Scotland sets out the minimum requirements for pesticide stores and the spraying of plant protection products.
www.scotland.gov.uk/Publications/2005/03/20613/51366 - PEPFAA code
www.scotland.gov.uk/Publications/2006/12/19110050/0 - Control of Pesticides
Minimum requirement for protection of historic or archaeological features
If you are carrying out any agri-environment options, you may be penalised if inspections show that you have knowingly damaged or destroyed features of historic or archaeological interest on any part of your land. The damage or destruction of any historic or archaeological features or areas must be avoided and guidance approved by the Scottish Ministers must be followed for the protection of such features or areas.
The following points summarise the relevant guidance:
- Maintain existing grass or heather cover. When re-seeding, avoid ploughing or other soil disturbance.
- Maintain grazing, but avoid erosion. Feeding sites must not be located on ancient monument areas.
- 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.
- Where rabbit control is carried out, avoid ground disturbance.
- Do not permit peat cutting, quarrying, dumping or storing of any material to occur 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.
In order to avoid damaging or destroying historic or archaeological features, it is important that you are aware of the location, nature and extent of any such features recorded on your land. It is advisable to mark these clearly and accurately on any farm plans, particularly on any information that you provide to a contractor or other third party working on the land. This is particularly important if you are planning a change in land use.
There are a number of sources that can help you to identify historic or archaeological features on your land:
- Your local authority archaeological officer may be able to provide advice on the management and protection of unscheduled archaeological sites. However, not all local authority areas offer advisory services in relation to LMOs. Check the SRDP website or consult your SGRPID Area Office for more information about the availability of advisory services in your area.
- If you had an archaeological audit of your land for a previous agri-environment scheme, you can refer to this.
- You can consult PASTMAP ( http://www.pastmap.org/). PASTMAP is a free online resource. It will provide the location and full extent of a scheduled monument and Inventory garden and designed landscape, and a central point for a listed building and its curtilage. It will also provide an approximate or central point for recorded unscheduled sites. The written descriptions of unscheduled sites in the National Monuments Record and Scottish Sites and Monuments Record data will help you to define on the ground the minimum extent of visible remains.
Sources of further information, if needed
www.historic-scotland.gov.uk/gardenssearch is a source of additional information about Inventory gardens and designed landscapes. Paper copies of the Inventory can be obtained from Historic Scotland (contact 0131 668 8940).
Local Authorities are your initial contact point for advice on listed buildings, including Listed Building Consent.
Historic Scotland can provide advice on scheduled monuments, including Scheduled Monument Consent (SMC), and Inventory gardens and designed landscapes. Historic Scotland can be contacted at:
Tel: 0131 668 8770 (scheduled monuments), 0131 668 8940 (Inventory sites) and 0131 668 8981/8717 (listed buildings)
If you are inspected, an Inspection Form should be completed by the inspecting officer. Information on the management requirements for each management option/specifications for capital items appears in this guidance. Where a breach of any option is discovered at inspection, breach procedures will be invoked. Breaches include non-compliance with scheme rules and conditions, requests to withdraw from schemes and wrongful claims.