LegalizeThe Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 4) Regulations 2009
Made: 24th November 2009
Laid before the Scottish Parliament: 25th November 2009
Coming into force: 18th December 2009
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Citation and commencement
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Amendment of the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008
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Amendment to regulation 2
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Amendment to regulation 9
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Amendment to Schedule 1
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Amendment to Schedule 2
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SCHEDULE 1 — Option, Activities and Eligibility Conditions and Rates of Payment
| 78. | Controlled livestock grazing | (1) This is a five year commitment. | (1) This is a five year commitment. | (1) This is a five year commitment. | £87 per hectare per year |
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| of woodland | (2) A beneficiary is eligible for payment under this option if the beneficiary | (2) A beneficiary is eligible for payment under this option if the beneficiary | (2) A beneficiary is eligible for payment under this option if the beneficiary | ||
| (a) | has an area of semi-natural native woodlands of at least 10 hectare; or | has an area of semi-natural native woodlands of at least 10 hectare; or | |||
| (b) | has an area of semi-natural native woodlands designated as a Site of Special Scientific Interest; or | has an area of semi-natural native woodlands designated as a Site of Special Scientific Interest; or | |||
| (c) | has an area of Plantation on Ancient Woodland Sites (PAWS) of at least 5 hectares that are actively being restored to native woodland; and | has an area of Plantation on Ancient Woodland Sites (PAWS) of at least 5 hectares that are actively being restored to native woodland; and | |||
| (3)(a) | implements a sustainable grazing management regime on that land, tailored to individual woodlands to reflect woodland type, grazing history and specific site management objectives; | implements a sustainable grazing management regime on that land, tailored to individual woodlands to reflect woodland type, grazing history and specific site management objectives; | |||
| (b) | submits an adaptive grazing management plan, agreed with Scottish Ministers. The plan must: include a site appropriate grazing regime determined by using the “Woodland Grazing Toolbox”; | submits an adaptive grazing management plan, agreed with Scottish Ministers. The plan must: include a site appropriate grazing regime determined by using the “Woodland Grazing Toolbox”; | |||
| describing the expected environmental impact of livestock grazing; and taking account of the impact of grazing by wild deer. | describing the expected environmental impact of livestock grazing; and taking account of the impact of grazing by wild deer. | describing the expected environmental impact of livestock grazing; and taking account of the impact of grazing by wild deer. | |||
| (c) | provides evidence to support the adoption of a grazing management regime with the proposal for aid. | provides evidence to support the adoption of a grazing management regime with the proposal for aid. | |||
| (d) | undertakes the following commitments: | undertakes the following commitments: | |||
| (i) | Manages livestock in accordance with the agreed grazing management plan; | ||||
| (ii) | Adjusts the livestock grazing regime only in line with the results of the site monitoring requirements detailed within the plan; | ||||
| (iii) | Implements a deer management plan agreed by the Deer Commission for Scotland; | ||||
| (iv) | Manages the grazing of the woodland to maintain an appropriate balance between open ground, regenerating trees, scrub and closed canopy woodland; | ||||
| (v) | Undertakes periodic monitoring (normally two times per year) and records the impact of the grazing regime in respect of the site specific objectives; | ||||
| (vi) | Avoids excessive poaching by stock; | ||||
| (vii) | Does not apply pesticides, lime, artificial fertiliser, farmyard manure or slurry to the site except that herbicides may be applied to control injurious weeds under the Weeds Act 1959 and/or non-native invasive plant species using a weed wiper, spot treatment or hand sprayer; | ||||
| (viii) | Undertakes supplementary feeding of stock only when it is required to deliver the conservation objectives; | ||||
| (ix) | Manages the trees in accordance with the silvicultural system for the woodland specified and agreed in the grazing management plan; | ||||
| (x) | Does not install new drainage or modify/improve existing drainage systems. Existing drains can be maintained; | ||||
| (xi) | In upland areas where relevant to Capercaillie and Black Grouse marks all new fences with bird strike markers. |
SCHEDULE 2 — Standard Costs for Forestry Operations and Capital Items
| Column 1 Item | Column 2 Standard Cost |
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| Primary treatment of bracken | £200/hectare of infested land |
| Eradication of scrub/woody vegetation: Light vegetation | £600/hectare |
| Eradication of scrub/woody vegetation: Intermediate vegetation | £850/hectare |
| Eradication of scrub/woody vegetation: Heavy vegetation | £1250/hectare |
| Removal from site of the cut shrub/woody vegetation: Light vegetation | £500/hectare |
| Removal from site of the cut shrub/woody vegetation: Intermediate vegetation | £1050/hectare |
| Removal from site of the cut shrub/woody vegetation: Heavy vegetation | £1450/hectare |
| Peat dam | £0.26 per metre of moor grip to be blocked with peat dams. Minimum payment £300. |
| Provision of water troughs to replace traditional watering points | £195 each |
| Installation of water supply pipe to water trough or pasture pump | £3 per metre of pipe laid |
| Water trough pump: cattle operated pasture or nose pump | £180 per installed pump |
| Stock bridge for bog management: | |
| Small bridge | £170 per bridge |
| Large bridge (for ditch wider than 1.5m) | £620 per bridge |
| Heather management (in black grouse and Capercaillie core areas) | £250/hectare |
| Manual eradiation of rhododendron | £3700/hectare of infested land |
| Mechanised (and/or chemical) eradication of rhododendron | £1750/hectare of infested land |
SCHEDULE 3 — Table E – Actual Cost Capital Items
| Item Column | Column 2 Applicability | Column 3 Payment |
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| Operations required for Sites of Special Scientific Interest (SSSI) and Natura sites to help bring their special feature into favourable condition | Only available in exceptional circumstances where additional action or effort is required over and above the standard cost capital items, to maintain or bring the qualifying interests of SSSIs and Natura sites into favourable condition. Beneficiaries must provide justification of why the standard cost capital items and rates are not appropriate and provide details of the work required and the associated costs. | Up to 100% of actual costs |
| Control of rhododendron in geographical areas covered by a regional control strategy for this non-native species and in all native and ancient woodlands | Only available in exceptional circumstances where additional action or effort is required over and above the two standard cost items for the eradication of rhododendron. | Up to 100% of actual costs |
| Beneficiaries must provide justification of why standard cost capital items and rates are not appropriate and provide details of the work required and the associated costs. |
Signed
RICHARD LOCHHEAD — A member of the Scottish Executive — 24th November 2009
Explanatory note
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Footnotes
[^f00001]: 1972 c.68. Section2(2) was amended by the Scotland Act 1998 (c.46), Schedule8, paragraph15(3) and the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1). The functions conferred upon the Minister of the Crown under section2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998.
[^f00002]: S.S.I. 2008/100 as amended by S.S.I. 2008/233, S.S.I. 2009/1, 2009/233 and 2009/335.
[^f00003]: Substituted by S.S.I. 2009/1.
[^f00004]: is available at http:/beatsdesign.co.uk/projects/woodland
Editorial notes
[^key-fd841c9536a767286c9aae419ba71fab]: Regulations revoked (12.6.2015) by The Rural Development (Scotland) Regulations 2015 (S.S.I. 2015/192), reg. 1(1), sch. (with reg. 22(2))
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