In the last couple of weeks I’ve been contacted by several people concerned about unseasonal hedge trimming and marshy grassland being drained. It’s possibly that these activities may have broken rules, known as Cross Compliance rules that farmers must adhere to in order to receive their subsidy payments. A failure to adhere to these rules can result in Welsh Government imposing financial penalties. The following are some of the environmental rules that farmers must comply with:
Retain all landscape features such as stone walls, stone-faced banks, hedges and earthbanks, slate fences.
Retain all farm ponds.
Do not cultivate (e.g. plough, rotovate, tine or disc) any land within 1 metre of a hedge, earthbank or surface water regardless of the size of the field.
If you need to fell more than 5 cubic metres of trees per calendar quarter (providing not more than 2 cubic metres is sold) between 1 September and end of February, it will be necessary to obtain a Felling Licence from Natural Resources Wales.
No hedgerows or trees can be cut or trimmed during the bird rearing and nesting season; 1 March to 31 August, unless the hedgerow or tree overhangs a highway, road, track or footpath to which the public have access, and the work is necessary because the overhanging vegetation:
• obstructs the passage of vehicles or pedestrians;
• obstructs the view of drivers, or the light from a public lamp; or
• is a danger to horse-riders.
• Hedge restoration e.g. laying or coppicing may be carried out during March as long as nesting birds are not knowingly disturbed.
The exceptions described above are allowed as long as farmers also meet their obligations under the Wildlife and Countryside Act 1981 for the protection of wild birds.
In addition the above Environment Impact Assessment (EIA) rules require farmers to obtain approval from Welsh Government before they carry out agricultural improvements (e.g. ploughing, draining) of uncultivated or semi-natural areas e.g. marshy grassland, scrub/gorse etc. It is illegal to proceed with projects without obtaining approval and failure to do so may lead to:
• a Cross Compliance penalty (as described above)
• a requirement to stop any projects for improving the affected land
• a requirement to reinstate the land to its previous condition
• prosecution.
The full list of Cross Compliance rules can be found on the Welsh Government Cross Compliance website:
http://gov.wales/topics/environmentcountryside/farmingandcountryside/farming/crosscompliance/2015/farmersguidetocrosscompliance/9590471/?lang=en
Potential Cross Compliance and EIA rule breaches may be reported to Welsh Government regional offices. For Ceredigion the Regional Office is in Aberystwyth:
Tel: 0300 062 2006
E-mail: rural-affairs@wales.gsi.gov.uk