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THE RURAL STEWARDSHIP SCHEME

Section 1 The Standard of Good Farming Practice

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 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 your application to join the RSS or if you are already participating in the RSS, 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 Rural Affairs Department (SERAD) 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 should 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 a larger areas, to the detriment of the natural herbage.

Overgrazing is defined as 'grazing land with livestock in such numbers as to adversely affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree'. Cases of suspected overgrazing will be investigated and failure to follow advice thereafter would be a breach of this condition.

In some cases no supplementary feeding is permitted under the terms of the agreement. Where it is permitted, the feed must be provided in such a way that the vegetation is not excessively trampled or poached by animals or rutted by vehicles used to transport feed. 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 'land 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 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 SERAD or other appropriate Government Agency.

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

1.3 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.

1.4 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 the RSS 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.

1.5 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.

1.6 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.

MINIMUM ENVIRONMENTAL STANDARDS (SCOTLAND)

Relevant Legislation

Subject

Enforcement Agency

The Control of Pollution Act 1974

Pollution of water

Scottish Environment Protection Agency

Groundwater Regulations 1998

Disposal or tipping

Scottish Environment Protection Agency

The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 1991

Storage and handling of these substances

Scottish Environment Protection Agency

The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 1998

Measures to reduce nitrate leaching

Scottish Executive

Wildlife and Countryside Act 1981

Damage to Sites of Special Scientific Interest; wildlife offences

Scottish Natural Heritage

The Conservation (Natural Habitats etc) Regulations 1994

Additional protection for SSSIs which are within Special Protected Areas (SPAs) and Special Areas of Conservation(SACs)

Scottish Natural Heritage

Part III of the Food and Environment Protection Act 1985 and the Control of Pesticides Regulations 1986

Misuse of pesticides

Health and Safety Executive & Scottish Executive

Plant Protection Products Regulations 1995

Misuse of pesticides

Health and Safety Executive & Scottish Executive

Clean Air Act 1993

Emitting dark smoke

Local Authority

Hill Farming Act 1946

Muirburn

Scottish Executive & Local Authority

Ancient Monuments and Archaeological Areas Act 1979 Ancient Monuments(Class Consents) Order 1994

Damaging ancient monuments

Historic Scotland

The Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 1997

Code of good practice (PEPFAA)

Scottish Executive

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