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March 2021 – Issue 61 Basic Payment Scheme Key dates applications 2021 Public rights of way – a reminder of the Water abstraction How can FAS help you? Farmers invited to requirements FAS webinar recordings reminders take first step towards Support and advice for greener future with the Updating your details Nitrate Vulnerable Zones Cross compliance Countryside Stewardship Sustainable Farming held by the Rural – records you should have inspections – common (CS) Mid Tier applicants Incentive pilot Payment service in place by 30 April breaches and guidance Sign up to FAS services Issue 61 Page 2 Key dates
Below are details of the forthcoming key dates that you should be aware of. In case you missed them…
1 April You must not burn heather, rough grass, bracken, gorse or vaccinium 28 February If you are in an NVZ, this date marks the end of the quantity on land, other than in upland areas, from this date. The burning restrictions for applying organic manures with a high, readily season for land not in an upland area is from 1 November to available nitrogen content. This is subject to the Farming 31 March. (GAEC* 6) Rules for Water being complied with and there is agronomic justification. (SMR 1) 16 April You must not burn heather, rough grass, bracken, gorse or vaccinium in upland areas from this date. The burning season for upland areas 1 March You must not cut or trim hedges or trees from this date, but you is from 1 October to 15 April. (GAEC 6) can carry out hedge and tree coppicing, and hedge laying from 1 March until 30 April. Fruit and nut trees in orchards, or trees 28 April If you hold a winter and/or all-year-round abstraction licence (the acting as windbreaks in orchards, vineyards, hop yards or hop authorised period of abstraction does not fall wholly between 1 April gardens are not included in the ban. (GAEC 7a and GAEC 7c) to 31 October), the Environment Agency will ask you at the end of March 2021 to report your water abstraction return for the period 18 March The BPS application window opened for 2021. (BPS 2021) 1 April 2020 to 31 March 2021. You will need to submit your return by 28 April 2021. (GAEC 2) 18 March Countryside Stewardship and Environmental Stewardship revenue claim submission period opened for 2021. (GOV.UK) 30 April If you are in a Nitrate Vulnerable Zone (NVZ), you must have recorded the number of ‘specified’ livestock kept on your farm during the previous calendar year and calculated the amount of nitrogen they produced. You must also record the number and type of livestock in a building or hardstanding during the previous storage period. (SMR** 1)
1 May You must not carry out hedge or tree coppicing, or hedge laying from this date. (GAEC 7a and GAEC 7c).
17 May The deadline for Basic Payment Scheme (BPS) 2021 applications without penalty is midnight on 17 May (including young and new farmer applications). This is also the deadline to transfer entitlements and to have the land at your disposal. (GOV.UK)
17 May The deadline for Countryside Stewardship and Environmental For more details about the information provided in the key dates table, Stewardship revenue claims without penalty is midnight on 17 May. please visit the Guide to cross compliance in England 2021, the Rural This is also the deadline to transfer entitlements and to have the land Payments Agency key dates 2021 and BPS 2021 pages of GOV.UK at your disposal. (GOV.UK)
* GAEC = Good Agricultural and Environmental Condition ** SMR = Statutory Management Requirement Issue 61 Page 3
How can FAS help you? Support and advice for Free and confidential Getting in contact with Countryside Stewardship (CS) advice the advice line FAS provides free, confidential Farmers requiring telephone advice Mid Tier applicants advice on cross compliance from FAS can contact the Rural requirements, some aspects of Services Helpline on 03000 200 Natural England, on behalf of the Rural Payments Agency (RPA), is providing the Water Framework Directive 301 Monday to Friday between support and advice for Countryside Stewardship Mid Tier scheme applicants (England and Wales) Regulations 08:30 and 17:00. Our helpline through a series of free webinars and one-to-one advice sessions. The advice, which 2017 (such as silage, slurry and is operating as normal and we will be provided online, aims to help applicants develop a high-quality application agricultural fuel oil (SSAFO), continue to support farmers. for an agreement that will benefit the local environment and the farm business. and waste exemptions) and The Rural Services Helpline regulations on the sustainable provides a single number for all For more information and to book your scheme. Applications for the Mid Tier use of pesticides. The cross FAS, Rural Payments Agency, place, please refer to the Countryside scheme and Wildlife Offers can be compliance rules apply to you if Animal and Plant Health Agency, Stewardship Mid Tier pages on GOV.UK. submitted until 30 July 2021 you are a Basic Payment Scheme Natural England and forestry There are several scheme (30 April for capital only applications). (BPS), Countryside Stewardship enquiries. By providing a single changes for Countryside Stewardship If you have any Countryside or Environmental Stewardship point of contact, the Government agreements that will start on 1 January Stewardship enquiries or would like to claimant.FAS updates the farming aims to make it simpler for farmers 2022. This support programme will request an application pack, please call the sector on relevant Government to access technical guidance on provide information on these, and the RPA on 03000 200 301. farming policy that is applicable a range of topics, including cross land management and capital grant in England and the actions that compliance, agricultural payment opportunities available through the can be taken to help farmers to be schemes and animal health compliant with regulations. inspections. England’s domestic farming You can also email enquiries to legislation requires an advisory [email protected] system that covers cross compliance, water protection and aspects of pesticide use. In England, this is provided by the Farming Advice Service (FAS). The Basic Payment Scheme applications 2021 advice given to individual farmers must be confidential – that is, FAS The Basic Payment Scheme (BPS) 2021 application window opened on Thursday 18 must not disclose any personal March. You have until midnight on Monday 17 May to submit your application and or individual information, or data supporting information. The Rural Payments Agency (RPA) has published information it obtains during its advisory on GOV.UK about how to apply and the updates to the BPS in 2021. activities. You can find more information on the BPS 2021 page at GOV.UK. The RPA has also produced a blog on BPS applications. Issue 61 Page 4
Farmers invited to take first step towards greener future with the Sustainable Farming Incentive pilot
The window is open for farmers to express an interest in taking part in the through the tests and trials, which Later, Defra is planning to extend Sustainable Farming Incentive pilot. started in 2018. eligibility to include farmers who aren’t Tests and trials focus on trying out eligible for, or don’t claim, BPS. Also, Farmers are being encouraged to take • Local Nature Recovery will pay for individual parts of the future scheme, specific farm types not eligible for the part in the pilot of the Sustainable actions such as creating, managing such as land management plans or first phase, such as farms on common Farming Incentive – the next step in or restoring habitats, natural flood different payment methods – whereas land, might also be added. the Government’s landmark plans to management and species management. the pilot will test a working version of the reward farmers and land managers for • Landscape Recovery will focus on scheme from start to finish. How to take part sustainable farming practices. landscape and ecosystem recovery If you would like to take part in the The Sustainable Farming Incentive through projects looking to achieve Who is eligible for the pilot Sustainable Farming Incentive pilot, you is the first in a package of three large-scale forest and woodland Defra would like to involve several have to submit a short, simple online environmental land management creation, peatland restoration or the hundred farmers in the first phase of expression of interest form by 23:59 schemes, which will provide a creation and restoration of coastal the Sustainable Farming Incentive pilot, hours on 11 April 2021. You will find out straightforward way for farmers to get habitats such as wetlands and salt from a range of farm types from across from 24 May 2021 if your expression of paid for producing public goods. These marsh. England. interest has been successful or not. include cleaner water, cleaner air and For the first phase of piloting, a Defra will then invite farmers carbon reduction. Defra will start to pilot the Sustainable farmer is only eligible if they: from a mix of farms and locations to All three schemes will be tailored Farming Incentive this year with an • Are a recipient of the BPS and make a pilot application. If they are to help farmers deliver environmental initial group of several hundred farmers. registered on the Rural Payments oversubscribed, farmers will be selected benefits on their land and be paid for Then, in March 2022, the scheme will Agency system. at random instead. doing so: start to be rolled out to recipients of the • Enter land parcels (fields) into the People who have been invited to • The Sustainable Farming Incentive Basic Payment Scheme (BPS). pilot that do not have an existing agri- apply will then need to prepare their full will pay farmers for environmentally environment agreement on them. application. If they’re eligible, they will sustainable actions – ones that How the Sustainable Farming • Have management control of the land then enter into a pilot agreement. are simple to do and that don’t Incentive pilot will work for the duration of the pilot. They must The first agreements will begin in require previous experience in agri- The full details of the new scheme were either own the land with management October 2021. environment schemes. For example, published on Wednesday 10 March control or have a tenancy of enough The Department for Environment, and expressions of interest for the pilot length to implement their pilot Food and Rural Affairs (Defra) might opened on Monday 15 March. The first agreement (including the landlord’s For more information about the pay farmers to manage and plant pilot agreements will start in October permission if required). Sustainable Farming Incentive hedgerows to provide year-round food, 2021. • Enter land parcels that are in England. pilot, please click here. shelter, and breeding cover for birds The Sustainable Farming Incentive • Enter land parcels that are not and insects. pilot will build on what Defra is learning common land. Issue 61 Page 5
If you own or occupy agricultural The Department for Environment, Where a stile needs replacing, land with a PROW, there are Food and Rural Affairs (Defra) please always consult the highway Public rights several rules you need to be aware understands that the increase in authority first to decide if this of. Below are a few of the key the number of visitors to PROWs is should be replaced with a gap or a rules you need to comply with. If causing issues. Natural England is gate. If you are considering adding of way – you are a Basic Payment Scheme working to refresh the countryside a new structure on a PROW, then (BPS) claimant, you must comply code further, which will be released you must seek permission from the a reminder with these cross compliance in the coming months. It will be highway authority. Unauthorised requirements or you could receive a promoted nationally through the structures will be classed as reduction in your payments. press and at a local level to reach obstructions and may be removed of the Full guidance is available on as many people as possible. by the highway authority at your GOV.UK. expense. requirements Please keep PROWs PROW management on your land clear of Stay up to date with during the coronavirus obstructions restrictions on livestock Many farmers will have land with public (COVID-19) pandemic It is important for you to keep and agriculture rights of way (PROW), which fall into the The restrictions brought in during routes visible and clear of Some animals are considered following categories: the COVID-19 pandemic have obstructions – such as fences, potentially dangerous to be kept on increased the number of people encroaching crops (other than land that is crossed by a PROW and • footpaths; using PROWs in many places. If you grass) and barbed wire. This you could be prosecuted if they are. • bridleways; are a landowner, you do not have also includes making sure that For example, you should carefully • restricted byways; legal rights to block PROWs, but vegetation does not encroach onto consider the temperament of a • byways open to all traffic (BOATs). there are some temporary measures the route from the sides or above. bull before putting it in a field with that you may consider introducing: Obstructing a PROW intentionally public access. For more information, • Displaying notices that encourage is a criminal offence and the please visit the HSE website. the public to consider using highway authority has the right alternative routes that do not to demand that you remove any Pesticide use on a PROW pass through gardens and obstructions. When applying pesticides, farmyards; please ensure that you refer to • Offering an alternative route Check the guidance before HSE Code of Practice for Using around gardens and farmyards replacing a style or gate Plant Protection Products before (only where it is safe to do so). Styles and gates must be undertaking any work. You must gain permission from maintained so they are safe and If you need to spray land relevant landowners and make easy to use. You can claim 25% (or crossed by a PROW, then use sure the route is safe for users sometimes more) from the highway pesticides approved for such use and livestock. You must continue authority for replacement work. and follow the product instructions. to maintain the original PROW. Some authorities provide materials, If members of the public are using • Tying gates open so walkers do while others may carry out the work the PROW, then spraying must be not need to touch them. themselves. stopped. Issue 61 Page 6
Byways and field edge paths Reinstate ploughed cross- You must not cultivate (such as field PROWs Updating your details held by plough, or apply pesticides or Cultivating a cross-field footpath fertiliser) any BOATs or restricted or bridleway should be avoided. If the Rural Payments service byways. The same applies to cultivation is necessary, you must footpaths or bridleways that follow make sure they remain visible The Rural Payments service is the This page is also where any planned a field edge. Some PROWs may have on the ground, either to the legal Department for Environment, Food and maintenance dates for the Rural a recorded legal width that must recorded width, or, if this is not Rural Affairs (Defra) online registration Payments service are published, so it is be adhered to. This can be checked recorded, to a minimum width of system for farmers, animal keepers, important to keep checking it. on the definitive statement that 1 metre for a footpath and and rural traders and businesses. It is There have been some recent accompanies the definitive map for 2 metres for a bridleway. They important that your details held by the updates to the Rural Payments service. PROWs held by the local highway should be reasonable to use Rural Payment service are kept up to These include making sure that the authority. However, where it is not 14 days after the first cultivation. date as these are what will be used to registered email address is being used recorded, the following standard After this 14 days, if any further contact you about important issues. by only one person. This makes it easier widths will apply: cultivation is required, the PROW to identify the person getting in contact. • 1.5 metres for a field-edge should be reasonable to use after The Rural Payments Agency (RPA) has For more information on this, please visit footpath; 24 hours. produced a step-by-step guide on how to GOV.UK. • 3 metres for a field-edge register and update your details on the bridleway, BOAT or restricted Find out how to create, Rural Payments service on GOV.UK. byway. close, upgrade, downgrade or re-route a PROW Highway authorities can make certain changes to the PROW network in their areas. FAS webinar recordings You can agree to create a new PROW or apply to your From December 2020 to March 2021, the Farming Advice Service hosted six highway authority to make an webinars on different themes such as the Farming Rules for Water and the order extinguishing, diverting, agricultural transition plan. Each of the webinars was recorded and you can watch upgrading or downgrading a them for free on our website by clicking on the links below. footpath, bridleway or restricted byway in some circumstances. • Farming Rules for Water. More information can be obtained • Nitrate Vulnerable Zones. from the rights of way section of • Cross compliance and greening update – your highway authority. More what’s new for 2021? information about making changes • Heading towards net zero emissions in agriculture. to the legal status of a PROW can • The agricultural transition – existing farm be found on GOV.UK. support schemes. • The agricultural transition – future farm support schemes. Issue 61 Page 7
Deadline reminders The nitrogen (N) content of livestock • any imports/exports of livestock Nitrate manure that can be applied on manure; Returns if you were granted an your holding (directly by grazing • a copy of your sampling and NVZ grassland derogation in 2020 livestock or by spreading) is limited analysis of manures and/or Vulnerable If you held an NVZ grassland to 170kg/ha/calendar year (unless output from software (for example, derogation for 2020, you are you hold a grassland derogation). ENCASH); required to submit a fertiliser The limit applies as an • the dates and locations of any Zones – account to the Environment Agency average across your holding. It is field sites used for storing by 30 April 2021. This will include recommended that you plan a year manure. records you should details of your farming practices ahead to make sure you do not and fertiliser use for the period exceed this limit. You must use You must keep these records for at have in place by 1 January to 31 December 2020, standard values to work out how least 5 years 30 April showing: much nitrogen is produced by the • the total agricultural area in livestock on your farm or brought Grassland management hectares of the derogated holding; onto your farm. These standard By 30 April, you must have records • the number and category of values can be found in the ‘blank on how any grassland was managed livestock kept on your farm; field records and standard values (cut or grazed) in the previous • the amount and type of livestock tables’ on GOV.UK. calendar year. manure imported to or exported from your farm; Livestock records You can use the following • the weight (tonnes) and nitrogen By 30 April, you must record resources to find more information content of all manufactured the following information for the on record-keeping requirements nitrogen fertiliser stocks kept on, previous calendar year: for land located in an NVZ: Nitrate Vulnerable Zones (NVZs) are areas imported to or exported from your • the area of your holding in • the September 2020 FAS designated as being at risk from agricultural farm. hectares; newsletter, which includes a nitrate pollution. They account for approximately • the number and type of livestock summary of the records required; 55% of agricultural land in England. Towards the You can download the Defra kept on your farm during the • the NVZ webinar delivered by end of 2020, The Department for Environment, standard value tables to help with previous year together with the Briony Burge in December 2020, Food and Rural Affairs (Defra) undertook a these records here. You can submit number of days each animal spent which includes an overview of the review of the designated NVZ areas in England your records electronically by email on the holding; requirements if you have land in and concluded that the designations for 2017- ([email protected]. • a calculation of the amount an NVZ; 2020 will remain the same for 2021-2024. You uk). of nitrogen produced by these • the FAS NVZ: Back to basics can use the interactive map on GOV.UK to find For more information, please animals and volume of manure article, which has an overview of out if any of your land is within a designated visit GOV.UK. produced during the storage the NVZ requirements; NVZ, if it is, you will need to comply with the NVZ period. The storage period for pigs • a handy guide to record keeping rules. Record keeping is an important part of the Livestock manure N farm limit and poultry is from 1 October to in an NVZ was produced NVZ rules. This article details the livestock and By 30 April, you must complete a 1 April (inclusive) and for cattle, by Briony Burge of Creedy grassland records that you should have in place calculation to show you have kept sheep, goats, deer and horses Associates Ltd in conjunction with by 30 April each year. within the livestock manure N farm it is from 1 October to 1 March Catchment Sensitive Farming limit for the previous calendar year. (inclusive); (CSF) and Wessex Water. Issue 61 Page 8
Under Good Agricultural and Environmental Water abstraction returns (2020/2021 Condition (GAEC) 2: Water abstraction, you must winter and all-year-round) Water have a licence from the Environment Agency to If you hold a winter and all-year-round take (abstract) more than 20 cubic metres (4,400 abstraction licence (the authorised period of abstraction gallons) of water from an inland surface water abstraction does not fall wholly between 1 April (such as rivers, streams, lakes or springs) or to 31 October), the Environment Agency will ask underground source for irrigation in a 24-hour you at the end of March to report your water reminders period. Once you have an abstraction licence, you abstraction return for the period 1 April 2020 must comply with its conditions. You do not need to 31 March 2021. You will need to submit your a licence if you abstract 20 cubic metres or less return by 28 April 2021. As we near the start of the irrigation season, the in a 24-hour period, provided your abstraction Environment Agency is encouraging all irrigators is part of a single operation. If you abstract Irrigation prospects and dry weather to make sure they fully understand all the from the same source at multiple points, the management conditions of their licence(s). They should ensure exemption only applies if the combined total of all The Environment Agency’s initial irrigation that abstractions are only taken from authorised abstractions is 20 cubic metres or less a day. prospects across England are good – see the FAS locations and during licensed periods, volumes The deadline for receiving applications for Technical Articles page. An update will be provided are not exceeded and accurate records are kept previously exempt activities (including trickle towards the end of April – the beginning of a of meter readings. Those who have licences with irrigation) closed last year (30 June 2020). Any typical irrigation season. The latest information on compensation discharges and re-abstraction abstraction undertaken after that date without a river flows and groundwater levels is on GOV.UK. conditions should ensure that water is released valid application having been submitted by the The Environment Agency will continue to at the same time as abstraction is taking place. deadline will be unlawful and will require a new provide abstractors with timely information about application. This should be submitted through current river and stream flows, and levels in the normal licensing process before any further comparison with hands-off flow conditions within abstraction can take place. their abstraction licences. These conditions are More information on water abstraction activated in periods of dry weather when river flows (including links) is available in the FAS water and levels fall below certain limits. Hands-off flow abstraction poster. conditions are a standard part of some abstraction licences – they usually mean abstractors must stop or reduce the amount of water they are taking. Issue 61 Page 9
If you are claiming Basic Payment Scheme (BPS) payments, or have an Environmental Stewardship (ES) or Cross compliance Countryside Stewardship (CS) agreement, you should be aware that you may be subject to a cross compliance inspection. The Rural Payments Agency (RPA) and the Animal Plant and Health Agency (APHA) are required to inspections – undertake separate cross compliance inspections on 1% of claimants of BPS. APHA will only inspect claimants keeping farm animals. In this article, we summarise the common Good Agricultural and Environmental common breaches Conditions (GAEC) and Statutory Management Requirements (SMR) non-compliances that are found during and guidance inspections and where you can read more information to reduce the risk of not complying with the rules. The inspection process When an inspector arrives they will tell you what During the coronavirus (COVID-19) pandemic, is involved and what you need to do. You must co- inspectors are following the Government guidelines operate with the inspector, and provide help and and adhering to social distancing rules at all times. equipment to allow checks to be made safely. Inspectors will call before their visit to explain the At the end of the inspection, the inspector will arrangements and to find out if there are any issues or explain to you what has been found. If anything is vulnerabilities they should be aware of. wrong, the RPA will send more information to you to Usually, you will not always receive advance explain how it affects your claim(s). This will be in warning of these visits and it could happen more than writing and will be sent within 3 months of the date of once in a year. If you are given advance warning by the the inspection. If you refuse to allow an inspector on RPA or APHA, it is likely to be less than 48 hours before your land or do not co-operate, you could lose all of the inspection and they will provide you with a list of your payment(s). the records the inspector will need to check.
Cross compliance SMR/ Common breaches Recommendations for further information GAEC requirement
SMR 1: Nitrate Vulnerable Incomplete records and temporary field heaps The FAS website has a suite of resources (webinar recording, newsletters and a Zones (NVZ) positioned in a high-risk location. technical article). Catchment Sensitive Farming (CSF) has also produced a handy guide to NVZ and record keeping.
SMR 4: Food and feed law Failure to ensure that the bovine tuberculosis (bTB) The TB advisory service offers free advice for cattle farmers in high-risk and edge testing intervals for eligible animals are being complied areas. with. Aspects of this control measure are covered by specific standards for raw milk. You can also use the TB hub that has free resources such as podcasts and FAQs.
SMR 7: Cattle identification Failure to report movement and/or death, loss of ear FAS has produced a technical article on top tips for cattle identification and and registration tags or animals not found in farm records. registration. Issue 61 Page 10
Cross compliance SMR/ Common breaches Recommendations for further information GAEC requirement
SMR 8: Sheep and goat Missing records (such as movements, date of birth, FAS has produced a technical article on top tips for sheep and goat identification identification deaths and annual inventory). and registration.
SMR 13: Animal welfare Insufficient skilled staff to prevent animal welfare It is against the law to neglect livestock and fail to provide for their basic needs. problems from occurring. Delays in treating sick You can read about the requirements under SMR 13 in the October 2020 FAS animals, and missing records for medicine and newsletter. mortality. Insufficient feed/water supply.
GAEC 1: Establishment No holding maps showing nearby surface waters There is no particular standard for your holding map, providing it shows the of buffer strips along (within 10 metres); nearby springs, wells and necessary information. For example, it could be hand drawn as it is not required to watercourses boreholes (within 50 metres); or the boundary of the be to scale. holding. You can also use MAGIC maps, or the Environment Agency’s Check for Drinking Water Safeguard Zones and NVZs map.
The Catchment Sensitive Farming guide Nitrate Vulnerable Zone (NVZ) Record Keeping and My Farm Business includes examples of how to create risk maps that would be acceptable for SMR 1 and GAEC 1.
GAEC 7a: Boundaries Applying pesticide or fertiliser, not taking all The rules on boundaries are set out on GOV.UK. reasonable steps to maintain a green cover, or cultivating within the 2-metre protection zone of a Championing the Farmed Environment (CFE) has lots of resources on its website, hedgerow. including information on the benefits of maintaining a field boundary.
GAEC 7b: Public Rights of A public right of way has been wilfully obstructed. You can read more about the public rights of way requirements on page 5 of this Way newsletter.
The full rules are detailed on GOV.UK.
FAS can provide free advice to those looking for further assistance in understanding the requirements of specific GAECs and SMRs. Please call 03000 200 301 Monday to Friday between 8.30am and 5pm or email [email protected]. Please be aware that advice provided by FAS is completely confidential and will not be shared with any other organisation. Sign up to FAS services
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