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CAP Reform: Cross Compliance

Annex B: Good Agricultural and Environmental Condition: Proposed Scottish Framework

Issue

Standard

Measure

Guideline

Soil Erosion:

Protect soil through appropriate measures.

Minimum soil cover.

1) All land that has carried a combinable crop must, over the following winter, have either: crop cover, grass cover, ploughed surface or a roughly cultivated surface. All other cultivated land should be treated similarly whenever soil conditions after harvest allow.

1) Under arable cropping, there are measures available to you to prevent soil erosion over the winter period. Options available in arable fields are having either: crop cover, stubble cover or land that has been ploughed or roughly cultivated. Fine seedbeds should only be created very close to sowing.

Soil Erosion:

Protect soil through appropriate measures.

Minimum land management reflecting site-specific conditions.

2) In areas prone to wind erosion you must take steps to reduce the risk of soil loss in spring.

2) There are measures available to minimise soil erosion by the wind. These are — maintaining crop cover, using coarse seedbeds, shelter belts, nurse crops or mulches. You should undertake all or some of these measures if there is a risk of soil erosion by the wind.

Soil Erosion:

Protect soil through appropriate measures.

Minimum land management reflecting site-specific conditions.

3) Use minimum cultivation techniques for sandlands. Sandlands are defined as light sandy soils.

3) There are measures available to reduce soil erosion on sandlands. For example using minimum cultivation techniques on the land by ploughing and rolling with the crop sown at right angles to the direction of the rolling.

Soil Erosion:

Protect soil through appropriate measures.

Minimum land management reflecting site-specific conditions.

4) On sites where capping is a problem you must leave a rough seedbed or break any cap that forms or take other appropriate measures to avoid erosion.

4) On sown sites avoid capping. Fine seed beds can lead to the surface becoming sealed or capped. Options available to remediate this situation include reducing seedbed cultivation to produce a coarser tilth or by breaking the cap that forms. A capped surface is defined as: those conditions which occur particularly in sandy and silty soils when water infiltration is reduced to the point where there is observable run-off, the formation of rills and gullies and/or soil deposition at the sides of fields, on roads or in water courses and ditches.

Soil Erosion:

Protect soil through appropriate measures.

Minimum land management reflecting site-specific conditions.

5) Prevent land from becoming badly trampled or heavily poached by livestock (i.e. where there is no vegetative cover and/or in poached areas, where there is evidence of run off or standing water). Avoid overgrazing and heavy poaching of banks of watercourses, particularly watering points and feeding areas. This measure must be observed in conjunction with measure 14 (rotate feeding sites) and measure 16 (overgrazing). This measure does not apply to areas within the vicinity of gateways and farm tracks necessarily used during wet-periods. Otherwise applies to all grazing land.

5) In order to protect the land against soil erosion, prevent the land from becoming badly trampled or poached by livestock. If this occurs remove stock until the land has recovered or you have undertaken remedial action. On peat soils this action will need to be taken earlier than on other soils due to the fragile nature and increased susceptibility of the soil to erosion. Any problems should be rectified by the next growing season after the period that the problem has occurred. High concentrations of stock often cause poaching, frequently as a result of supplementary feeding practices, with obvious damage to the vegetation. When supplementary feeding outdoors, it will often be preferable to rotate feeding sites and make sure feeding rings are suitably positioned i.e. well away from water courses and not on ground sloping towards a watercourse. Sacrificial feeding areas may be more desirable on improved grassland/arable land providing the risk of soil erosion is very low. Grazed forage cropped fields that have been poached should be ploughed or sown as ground conditions allow. Vicinity in this instance means approximately 10m.

Soil Erosion:

Protect soil through appropriate measures.

Minimum land management reflecting site-specific conditions.

6) Maintain existing field drainage systems including clearing ditches, unless environmental gain is to be achieved by not maintaining field drainage systems (and this is declared on AAA). Use appropriate secondary treatment (moling or subsoiling) to maintain the efficiency of the system on suitable soils and to minimise run off. The vegetation from both sides of the ditch should not be removed in any one year.

6) In order to maintain soil health and to reduce erosion, maintain field drainage systems. There may be instances where environmental gain can be achieved by not maintaining some field drainage systems. If this is the case, please declare your intentions on your AAA.

Soil Erosion:

Protect soil through appropriate measures.

Minimum land management reflecting site-specific conditions.

7) On erodable (sandy and silty) soils establish tramlines across the main slope, where this cannot be done do not use any tramlines until the Spring unless compaction is broken for example with a tine behind the wheels.

7) To reduce soil erosion potential on these soil types, cultivate and drill on these fields across gentle slopes with simple slope patterns. On fields with steeper complex slopes, contour working can lead to a concentration of run off and an increased erosion risk. Such fields may be more appropriately used for permanent crops, such as permanent grass, than for arable cropping.

Soil Erosion:

Protect soil through appropriate measures.

Minimum land management reflecting site-specific conditions.

8) Follow Muirburn Code.

8) Avoid significant soil loss caused by inappropriate muirburn e.g. extensive erosion on steep sites through burning. Compliance with the Muirburn Code including guidance on the statutory controls on Muirburn will also avoid damage to property, wildlife, game, archaeology and extensive erosion on steep sites through burning.

Soil Organic Matter:

Maintain soil organic matter levels through appropriate practices.

Standards for crop rotations where applicable.

9) Optimise the use of organic manures by basing rates of application on soil and crop needs.

9) Match spreading rate to nutrient requirement of the crop, the needs of the planned crop rotation and follow PEPFAA code do’s and don’ts on the management and land application of livestock manures and organic by-products.

Soil Organic Matter:

Maintain soil organic matter levels through appropriate practices.

Arable stubble management.

10) Follow Straw and Stubble Burning Code.

10) Ensure that straw and stubble burning is carried out in a controlled manner to avoid damage to the farm (e.g. buildings, crops and machinery), the countryside (e.g. hedges, trees and wildlife) and to avoid smoke drift onto nearby roads, homes and businesses.

Soil Organic Matter:

Maintain soil organic matter levels through appropriate practices

Arable stubble management.

11) Incorporate Farm Yard Manure shortly after spreading on stubbles.

11) Match spreading rate to nutrient requirement of crop and follow PEPFAA code do’s and don’ts on the management and land application of livestock wastes. Well timed applications of manure can help to increase top soil stability.

Soil Organic Matter:

Maintain soil organic matter levels through appropriate practices.

Arable stubble management.

12) Incorporate straw evenly.

12) Ideally this should be chopped straw.

Soil Structure:

Maintain soil structure through appropriate measures.

Appropriate machinery use.

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

13) By avoiding field cultivations in wet conditions erosion, compaction and rutting of the soil will be avoided. Minimise frequent vehicle movements over the same area of land, especially in poor conditions. Consider the use of low ground pressure tyres, dual wheels or tracked vehicles to minimise impact on soils. Saturation is indicated by the appearance of water when pressure is added e.g. from a footprint.

Soil Structure:

Maintain soil structure through appropriate measures

Appropriate machinery use.

14) Rotate feeding sites where applicable. Observe this measure in conjunction with measure 5.

14) If an existing hard area is being used then that should be retained as a feeding site for livestock. However, if hard areas are not in supply then rotate the feeding site to avoid serious damage to the soil structure. Feeding sites must not be located on known ancient monument areas or adjacent to watercourses.

Minimum level of maintenance:

Ensure a minimum level of maintenance and avoid the deterioration of habitats.

Minimum livestock stocking rates or/and appropriate regimes.

15) Avoid undergrazing at a level where scrub or coarse vegetation is becoming evident and such changes are detrimental to the environmental or agricultural interest in the field.

15) Undergrazing may be identified as allowing the growth, quality or species composition of grazed vegetation to significantly deteriorate through lack of, or insufficient, grazing management. There may be circumstances where there is environmental gain to be made from allowing the encroachment of scrub and coarse vegetation. Where this occurs it will be a requirement that this intention is declared on the IACS return. If your stocking density decreases significantly then the land will be at a greater risk of undergrazing. In this circumstance you should take remedial action or seek professional advice. If you have declared to allow the encroachment of scrub and coarse vegetation and this leads to severe agricultural and environmental degradation then this will be investigated and action will be taken by SEERAD.

Minimum level of maintenance:

Ensure a minimum level of maintenance and avoid the deterioration of habitats.

Minimum livestock stocking rates or/and appropriate regimes.

16) Avoid overgrazing with livestock and other species in such numbers as to adversely affect the growth, quality of species composition of vegetation other than vegetation normally grazed to destruction on that land to a significant degree e.g. land that is to be cultivated immediately after grazing by livestock which remove the entire crop. Cases of suspected overgrazing will be investigated. This measure must be observed in conjunction with measure 5.

16) The common conditions indicating overgrazing are: a) Clear evidence due to grazing pressure that the growth, quality or species composition of the vegetation is deteriorating to a measurable extent. Other indicators are: b) Evidence of poor condition of the vegetation combined with evidence of poor animal condition c) Sustained over-reliance on supplementary feed. 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 by SEERAD. Failure to observe the stocking limit thereafter would be a breach of this measure. Where overgrazing is as a result of other species e.g. deer, geese and rabbits, which is beyond the control of the farmer then you will not be held accountable for this infringement where you have taken all reasonable measures to prevent overgrazing.

Minimum level of maintenance:

Ensure a minimum level of maintenance and avoid the deterioration of habitats.

Protection of permanent pasture.

17) Do not plough up permanent pasture except where this is part of normal rotational management of the land or where it is environmentally beneficial.

17) Permanent pasture is defined as land declared on the Area Aid Application (AAA) submitted in 2003 as permanent grass over 5 years, rough grazing and opened grazed woodland. Land managers may, however, plough up permanent pasture where this is part of normal rotational management of the land or where it is environmentally beneficial. Certain forms of permanent pasture are of high environmental or archaeological value e.g. species-rich grassland, machair habitats, pastoral woodland and heather moorland. Any proposal to plough up pasture of high environmental or archaeological value will normally require the consent of the relevant authority (e.g. SNH for pastoral land in SSSIs, SEERAD for land in an agri-environment agreement) or full Environmental Impact Assessment. Proposals to plough up semi-natural land such as rough grazings which has been in pastoral use for 12 years or more will normally require consent under the Environmental Impact Assessment (Uncultivated Land and Semi - Natural Areas) (Scotland) Regulations 2002 (SSI 2002/6) and consideration of applications under these regulations will take account of the ecological value of the pasture land and of the environmental benefits or disbenefits of the proposed alternative use of the land.

Subject to Environmental Impact Assessment (where required) the ploughing-up of permanent pasture is permissible to facilitate:

  • Ploughing and re-seeding of permanent pasture where this is not environmentally degrading.
  • Long-term rotational management of the land, e.g. where grassland leys are ploughed up at intervals of up to 10 years and a crop is introduced before the ley is re-seeded.
  • Sowing of seed mixtures to encourage bird life, invertebrate life and to create wildflower meadows and species rich grasslands.
  • Introduction of environmentally beneficial mixed farming patterns, e.g. Integrated Farm Management, organic farming and energy crops.
  • Any other management required under an agri-environment agreement or other agreement with an environmental regulatory body (e.g. SEPA or SNH).
  • Planting or encroachment of trees and scrub to an extent consistent with the area’s continued pastoral use. In general, areas of trees inside an agricultural parcel with a density of more than 50 trees / ha should be considered as ineligible as forage area. Exceptions may be envisaged for tree classes of mixed cropping such as for orchards and for ecological/environmental reasons.
  • Environmentally sustainable forestry (although significant tree planting will take the land out of the scope of the Single Farm Payment).

Land managers should seek the advice of the local SEERAD Area Office before going ahead, if they are in doubt about whether a proposal to plough up permanent pasture may or may not fit within these exceptions, or if they are unclear whether Environmental Impact Assessment is required.

Minimum level of maintenance:

Ensure a minimum level of maintenance and avoid the deterioration of habitats.

Protection of permanent pasture.

18) To ensure the protection of rough grazings and other semi-natural areas land managers 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).

18) 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 which results in the loss of wetland plant communities and their associated fauna. In nearly all areas of deep peat, re-cutting moorland grips beyond what is needed for routine maintenance will also be considered as damaging and should not be carried out.

Minimum level of maintenance:

Ensure a minimum level of maintenance and avoid the deterioration of habitats.

Protection of permanent pasture.

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

19) Exceptions to measure 19 are allowed in the following circumstances.

  • Herbicides may be applied to control spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort and with the prior written approval of SEERAD for the control of other plants e.g. Japanese Knotweed and Giant Hogweed
  • For the control of bracken with Asulam or other approved herbicides; or
  • Exceptionally, the application of lime or fertiliser where no conservation damage will result e.g. holding fields adjacent to hill fanks.

Minimum level of maintenance:

Ensure a minimum level of maintenance and avoid the deterioration of habitats.

Retention of landscape features.

20) Take reasonable steps to avoid the deterioration of boundary features including drystane or flagstone dykes, turf and stone-faced banks, walls, hedges and hedgerow trees, boundary trees and field margins. No hedge trimming is permitted between 1 March and 31 July.

20) Land managers should take reasonable steps to avoid the deterioration of boundary features. Drystane or flagstone dykes or walls, hedges and hedgerow trees can only be removed with the prior written agreement of SEERAD or other appropriate Government agency. In part, this includes the avoidance of damaging activities without the prior written specific agreement of SEERAD or other appropriate Government agency. Such activities may include the use, storage or management of materials, machinery or livestock in ways which can reasonably be expected to cause deterioration of boundary features. Examples include:

  • The use of machinery, including cultivations, the application of fertilisers or pesticides, or the storage of materials including livestock manures or straw or silage bales, on or within 1 metre of field margins or the bases of hedges or dykes.
  • The demolition of or removal of material from walls, dykes and banks.
  • The inappropriate or excessive trimming of hedges.
  • The use of trees as straining posts.

Minimum level of maintenance:

Ensure a minimum level of maintenance and avoid the deterioration of habitats.

Retention of landscape features.

21) Take reasonable steps to avoid the deterioration of non-productive landscape features which are part of the agricultural unit, such as shelter belts, copses and ponds.

21) As with boundary features, these features should be protected from damaging activities such as drainage or felling (except where this is the subject of specific consent by SEERAD or the appropriate regulatory authority, in particular the Forestry Commission for felling licences, and land managers should take reasonable positive action to prevent these features from deteriorating.

Reasonable positive action to avoid deterioration includes:

  • Maintenance of existing stockproof fences around shelter belts and copses.
  • No feeding & other husbandry practices of livestock in copses and shelterbelts to avoid severe poaching.
  • Management and application of livestock manures and organic by products in accordance with the PEPFAA Code so that ponds are protected from eutrophication.

Minimum level of maintenance:

Ensure a minimum level of maintenance and avoid the deterioration of habitats.

Retention of landscape features.

22) Avoid damaging or destroying features or areas of known historic or archaeological interest.

22) As defined in the measures section. Follow Scottish Ministers’ guidance for the protection of such features.

Minimum level of maintenance:

Ensure a minimum level of maintenance and avoid the deterioration of habitats.

Avoiding the encroachment of unwanted vegetation on agricultural land.

23) Avoid infestation by species which degrade the agricultural and environmental value of the land to the extent that there is substantial prejudice in the ability to use the land for agricultural purposes. Avoid severe encroachment of other species which degrade the agricultural capacity of the land, but allow encroachment which may be environmentally desirable as part of a mosaic of habitats.

23) Through appropriate grazing, topping or other permissible methods of control land managers should prevent the severe encroachment of species which are both agriculturally and environmentally degrading including rhododendron, bracken, weeds covered by the Weeds Act 1959, Japanese knotweed and giant hogweed.

In some instances, encroachment of native species may be beneficial. For instance: this is likely to be the case 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, with associated reversion to rushes.

These patterns of ecological succession will be regarded as consistent with Good Agricultural and Environmental Condition provided that:

  • They are consistent with maintaining the ecological status of protected areas (e.g. Sites of Special Scientific Interest).
  • The area or field in question remains predominantly agriculturally utilisable.
  • Recolonisation of native species which makes more than 25% of a field unutilisable for cropping or grazing may not be regarded as consistent with GAEC and should be the subject of specific agreement with SEERAD. In general, areas of trees inside an agricultural parcel with a density of more than 50 trees /ha should be considered as ineligible as forage area. Exceptions may be envisaged for tree classes of mixed cropping such as for orchards and for ecological/environmental reasons.
  • The growth of scrub is easily reversible through regular cutting, use of permitted herbicides or grazing. Vigorous recolonising scrub may need to be cut every 5 to 10 years.
  • Rush does not dominate to the extent that the land is no longer agriculturally viable.

*Definition of rough grazing (including unimproved grassland): Land which comprises of natural or semi-natural vegetation, including heather moorland, bog and rough grassland suitable for grazing.

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