The Environmental Stewardship (England) Regulations 2005

Made: 8th March 2005

Laid before Parliament: 10th March 2005

Coming into force: 2nd April 2005

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community, in exercise of the powers contained in that section in so far as these Regulations could not have been made under the powers hereinafter mentioned, and otherwise in exercise of the powers conferred on her by section 98 of the Environment Act 1995 , with the consent of Treasury and after consulting the Countryside Agency, English Nature and the Historic Buildings and Monuments Commission for England in accordance with section 99 of the Environment Act 1995 , hereby makes the following Regulations:

Citation, commencement and application

1

These Regulations may be cited as the Environmental Stewardship (England) Regulations 2005, shall come into force on 2nd April 2005 and shall apply to England only.

Interpretation

2

In these Regulations—

• “agreement land” means land which is the subject of an environmental stewardship agreement;

• “agreement year” means a period of 12 months commencing with the date of, or the anniversary of the date of, the coming into effect of an environmental stewardship agreement;

• “beneficiary” means a person who has entered into an environmental stewardship agreement with the Secretary of State;

• “carry out”, in relation to an obligation under an environmental stewardship agreement or a feasibility study agreement, includes ensuring that the obligation is carried out;

• “Compendium of UK Organic Standards” means the Compendium of UK Organic Standards, September 2006 Edition, published by the Department for Environment, Food and Rural Affairs;

• “conventional land” means agreement land which is not organic land;

• “conversion grant” means a grant for converting land to production in accordance with organic standards;

• “Council Regulation” means Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs as last amended by Commission Regulation (EC) No. 780/2006;

• “date of application” means the date on which an application to enter into an environmental stewardship agreement is received by the Secretary of State;

• “ELS element” means obligations relating to ELS options;

• “ELS options” means the options set out in column 1 of Part 2 of Schedule 2 for which a points value per unit is specified in column 2 of that Part of that Schedule;

• “ELS points score” means the points score for conventional land calculated in accordance with paragraph 2 of Schedule 3;

• “ELS points target” means the points target for conventional land calculated in accordance with paragraph 1 of Schedule 3;

• “environmental stewardship agreement” has the meaning given to it in regulation 3(2);

• “HLS capital works items” means the capital works items set out in column 1 of Parts 4 and 5 of Schedule 2;

• “HLS element” means obligations relating to—HLS options; orHLS capital works items;

• “HLS options” means the options set out in—column 1 of Part 2 of Schedule 2 for which a maximum payment rate per agreement year is specified in column 4 of that Part of that Schedule; andcolumn 1 of Part 3 of Schedule 2.

• “improved land” means land which has been ploughed or has received artificial fertilizer during the period of 20 years immediately before the date of application and which is not—top fruit orchard; orplanted with mature trees or shrubs or planted to woodland or coppice, unless such land is used for grazing or keeping livestock;

• “interest”, in relation to land, means—a freehold interest;a leasehold interest;a licence to occupy; orin relation to common land, a right to graze or to represent a person with such a right;

• “less favoured area” means all the land shown coloured blue and pink in the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, 2 Horseferry Road, London SW1 2AL;

• “OELS element” means obligations relating to OELS options;

• “OELS options” means the options set out in column 1 of Part 2 of Schedule 2 for which a points value per unit is specified in column 3 of that Part of that Schedule;

• “OELS points score” means the points score for organic land calculated in accordance with paragraph 5 of Schedule 3;

• “OELS points target” means the points target for organic land calculated in accordance with paragraph 4 of Schedule 3;

• “organic land” means agreement land which—is registered with a private inspection body either as being in conversion to organic farming or as being fully organic; andif it is situated within the less favoured area, comprises of, or is situated within, a parcel with an area of less than 15 hectares;

• “organic standards” means the standards for organic production set out in the Council Regulation, as read with any additional provisions set out in the Compendium of UK Organic Standards;

• “parcel” has the same meaning as “reference parcel” in Article 2(26) of Commission Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers ;

• “private inspection body” means a private inspection body approved by the Secretary of State for the purposes of Article 9(4) of the Council Regulation ;

• “special project activity” has the meaning given to it by regulation 5(9)(a);

• “special project element” means obligations relating to a special project activity;

• “specified purposes” means—the conservation or enhancement of the natural beauty or amenity of the countryside (including its flora and fauna and geological and physiographical features) or of any features of archaeological interest there,the promotion of the enjoyment of the countryside by the public, orthe upkeep of the landscape and historical features on agricultural land;

• “top fruit” means apples (excluding cider apple varieties), cherries, pears and plums.

Power to make grants

3

• (1) The Secretary of State may make a grant in accordance with these Regulations to a person who undertakes to do anything in relation to land in which that person has an interest which in the Secretary of State's opinion is conducive to any of the specified purposes.

• (2) Such a grant shall be made subject to the condition that the beneficiary complies with the conditions set out in an agreement (“an environmental stewardship agreement”) made between that person and the Secretary of State.

• (3) The Secretary of State may vary the conditions of an environmental stewardship agreement—

• (a) by agreement with the beneficiary; or

• (b) by notice served on the beneficiary if the variation is, in the opinion of the Secretary of State, necessary to prevent a breach of a provision of, or made under, assimilated law.

• (4) The amount of the grant shall be calculated in accordance with regulations 6 and 7(4).

Applications for grant

4

• (1) An application for a grant shall—

• (a) include an application to enter into an environmental stewardship agreement with the Secretary of State; and

• (b) be made at such times, in such form and be accompanied by such information, as the Secretary of State requires.

• (2) An application to enter into an environmental stewardship agreement containing an HLS element must be accompanied by a plan (“a farm environment plan”), in such form as the Secretary of State requires, identifying the features of environmental significance on the relevant land.

• (3) Subject to paragraph (4), in paragraph (2) and Schedule 1 relevant land means land—

• (a) which—

• (i) is farmed by the applicant as a single farming business; or

• (ii) would have been farmed as a single farming business but is instead farmed by the applicant as two or more farming businesses in order to comply with the requirement of the second paragraph of Part A of Annex III of the Council Regulation (which provides that production in accordance with organic standards must be clearly separated from production which is not in accordance with such standards);

and which includes the land which is the subject of the application to enter into an environmental stewardship agreement with an HLS element; and

• (b) which is registered on the Rural Land Register held by the Rural Payments Agency, an executive agency of the Department for Environment, Food and Rural Affairs; and

• (c) in relation to which the applicant, either—

• (i) alone, or

• (ii) with a person who countersigns the application,

has, on the date of the application, the right, for at least five years from that date, to carry out activities of the type required by HLS options.

• (4) In paragraph (2), where the land which is the subject of the application forms all or part of a common, the relevant land is the land comprising the entire common.

• (5) The Secretary of State shall make a grant (“a farm environment plan grant”) to an applicant in respect of a farm environment plan if the plan and the associated application to enter into an environmental stewardship agreement are in such form as the Secretary of State requires.

• (6) The amount of a farm environment plan grant shall be calculated in accordance with Schedule 1.

Conditions of environmental stewardship agreements

5

• (1) An environmental stewardship agreement must contain one (and may contain more than one) of the following elements—

• (a) an ELS element;

• (b) an OELS element;

• (c) an HLS element;

• (d) a special project element.

• (2) An environmental stewardship agreement which contains an ELS element must include an undertaking by the beneficiary to carry out on the conventional land, for the duration of the agreement, sufficient ELS options to obtain an ELS points score equal to or greater than the ELS points target in relation to that land.

• (3) An environmental stewardship agreement which contains an OELS element must include an undertaking by the beneficiary to carry out on the organic land, for the duration of the agreement, sufficient OELS options to obtain an OELS points score equal to or greater than the OELS points target in relation to that land.

• (4) An environmental stewardship agreement which contains an HLS element must include an undertaking by the beneficiary to carry out on the agreement land, for the duration of the agreement, at least one HLS option.

• (5) An environmental stewardship agreement which contains an HLS element must also specify—

• (a) the payment rate for each HLS option included in the agreement;

• (b) the payment rate for each HLS capital works item listed in column 1 of Part 4 of Schedule 2 included in the agreement; and

• (c) the percentage of the cost payable for each HLS capital works item listed in column 1 of Part 5 of Schedule 2 included in the agreement.

• (6) The payment rate referred to in paragraph (5)(a) must not exceed the maximum payment rate per agreement year specified for that HLS option in column 4 of Part 2, or column 2 of Part 3, of Schedule 2 (as the case may be).

• (7) The payment rate referred to in paragraph (5)(b) must not exceed the maximum payment rate specified for that HLS capital works item in column 2 of Part 4 of Schedule 2.

• (8) The percentage referred to in paragraph (5)(c) must not exceed the maximum percentage of cost specified for that HLS capital works item in column 2 of Part 5 of Schedule 2.

• (9) An environmental stewardship agreement which contains a special project element must—

• (a) include an undertaking by the beneficiary to carry out on the agreement land any activity (“a special project activity”) which, in the Secretary of State's opinion, would better, or more fully achieve, the specified purposes than an ELS option, an OELS option, an HLS option or an HLS capital works item (or more than one such option or capital works item);

• (b) specify the payment rate or the amount of grant for each special project activity included in such agreement.

• (10) The payment rate or the amount of grant referred to in paragraph (9)(b) must not exceed 120% of the sum of—

• (a) the loss of income suffered, and

• (b) the additional costs incurred

as a result of carrying out such activity.

Amount of grants

6

The amount of a grant payable by the Secretary of State pursuant to regulation 3 shall be determined in relation to—

• (a) an ELS element of an environmental stewardship agreement, in accordance with paragraph 3 of Schedule 3;

• (b) an OELS element of an environmental stewardship agreement, in accordance with paragraph 6 of Schedule 3;

• (c) an HLS element of an environmental stewardship agreement, in accordance with paragraph 7 of Schedule 3; and

• (d) a special project element of an environmental stewardship agreement, in accordance with paragraph 8 of Schedule 3.

Conversion grants for organic land

7

• (1) The Secretary of State may only make a grant which is a conversion grant—

• (a) in respect of eligible land; and

• (b) where the beneficiary agrees to comply with the conditions set out in an environmental stewardship agreement which contains an OELS element.

• (2) In paragraph (1), eligible land means land which meets the conditions specified in paragraph (3) and is—

• (a) improved land; or

• (b) top fruit orchard which—

• (i) has a total area of least 0.5 hectares; and

• (ii) is planted with at least 80 top fruit trees per hectare.

• (3) The conditions mentioned in paragraph (2) are that the land must—

• (a) on the date of application, be registered with a private inspection body as being in its first year of conversion to organic production; and

• (b) at no time during the period beginning on 10th August 1993 and ending immediately before the date of the agreement, have been registered with a private inspection body as being in conversion to organic production or fully organic (or both).

• (4) The amount of a conversion grant shall be calculated in accordance with Schedule 4.

Feasibility study agreements

8

• (1) The Secretary of State may make a grant (“a feasibility study grant”) to a person who undertakes to carry out a detailed study of land in which that person has an interest which, in the Secretary of State's opinion, is conducive to any of the specified purposes.

• (2) A feasibility study grant shall be made subject to the condition that the beneficiary complies with the conditions set out in an agreement (“a feasibility study agreement”) made between that person and the Secretary of State.

• (3) An application to enter into a feasibility study agreement shall be made at such times, in such form and be accompanied by such information, as the Secretary of State requires.

• (4) The amount of a feasibility study grant shall not exceed the sum of—

• (a) the loss of income suffered, and

• (b) the additional costs incurred

as a result of complying with the conditions of the feasibility study agreement to which such grant relates.

Amendment of the England Rural Development Programme (Enforcement) Regulations

9

The England Rural Development Programme (Enforcement) Regulations 2000 shall be amended by adding to Part I of the Schedule, after the words “The Environmentally Sensitive Areas (Stage IV) Order 2000”, the following—

The Environmental Stewardship (England) Regulations 2005

Revocation

10

• (1) Subject to paragraph (2), the Organic Farming (England Rural Development Programme) Regulations 2003 (“the 2003 Regulations”) are hereby revoked.

• (2) The 2003 Regulations shall continue to apply in relation to any application for a grant under those Regulations which was received before the date on which these Regulations come into force.

SCHEDULE 1 — Calculation of farm environment plan grant

1

The amount of a farm environment plan grant in relation to an area of relevant land specified in column 1 shall be that specified in column 2.

2

The area of relevant land for the purposes of paragraph 1 shall exclude any area of land in respect of which a farm environment plan grant has been made during the period of five years immediately before the date of application.

SCHEDULE 2 — ELS options, OELS options, HLS options and HLS capital works items

PART 1 — Interpretation

In this Schedule—

• “beetle bank” means a linear raised earth bank in an arable field, covered in grass vegetation;

• “brassica fodder crop” means a brassica crop which is grown to be grazed by livestock or cut for forage;

• “buffer strip” means a strip of land adjoining a field boundary or environmental feature which is not cultivated and where the use of inputs is restricted;

• “conservation headland” means an area of land within a cereal field which is adjacent to its boundary and in which the use of insecticides and herbicides is restricted;

• “cultivated land” means land which is regularly cultivated by ploughing or other means;

• “ditch management” means the cleaning of ditches and the management of vegetation on and adjacent to the ditch bank;

• “fen” means an area of low-lying marshy ground;

• “heathland” means an area of grass, shrubs and trees on acidic sandy soils;

• “hedgerow management” means a cycle of cutting and trimming used to control hedgerow growth and “enhanced hedgerow management” means a more restrictive cycle of cutting and trimming;

• “improved grassland” means grassland which— has been drained, fertilised, re-seeded or otherwise managed to increase its productive capacity; and receives more than 50 but not more than 100 kilograms per hectare of inorganic nitrogen fertiliser per year;

• “in-bye” means enclosed land which is used for the production of grass in an upland area;

• “in-field tree” means a tree, the trunk of which is entirely within the field and does not touch the field boundary;

• “in-field pond” means a pond which is entirely within the field and does not touch the field boundary;

• “inputs” means fertiliser, manures, pesticides and seed;

• “intensive grassland” means grassland which receives more than 100 kilograms per hectare of inorganic nitrogen fertiliser per year;

• “organic grassland” means grassland which is managed organically and which is not rotational land;

• “over-wintered stubbles” means the remains of a cereal, oilseed rape, field bean or linseed crop after harvesting, retained through the winter into the following year;

• “permanent grassland” means land which is used to grow grasses or other herbaceous forage naturally or through cultivation and which has not been subject to cultivation for at least five years;

• “reedbeds” means an area of marshy ground on which the vegetation consists primarily of reeds;

• “rotational land” means land which will successively bear different crops as the rotation progresses including grass and clover in the fertility-building phase of the rotation;

• “rough grassland” means permanent grassland on which the vegetation is predominantly natural owing to the difficult terrain or other physical constraints;

• “rough grazing” means grazing on rough grassland;

• “rush pasture” means damp pasture where at least a third of the vegetation comprises rush species and the remainder comprises mainly grass and other herbaceous species;

• “skylark plot” means an unsown, sparsely vegetated area of land in a field sown with cereals;

• “successional” means containing a range of habitat structures appropriate to the specific target species;

• “whole crop silage” means a crop which is harvested to make silage for feeding to livestock.

PART 2 — ELS options, OELS options and HLS options

1

General—

2

Field boundaries—

3

Trees and woodland—

4

Historic and landscape features—

5

Buffer strips—

6

Arable land—

7

Encouragement of a range of crop types—

8

Reduction of soil erosion—

9

Grassland outside the less favoured area—

10

Land within the less favoured area—

11

Preparation of land management plans—

PART 3 — HLS options

1

Hedgerows—

2

Woodland trees and scrub—

3

Orchards—

4

Historic and landscape features—

5

Arable land—

6

Resource protection—

7

Grassland—

8

Moorland and upland rough grazing—

9

Access—

10

Lowland heathland—

11

Inter-tidal and coastal land—

12

Wetland—

13

Additional supplements—

PART 4 — HLS capital works items

1

Boundaries—

2

Fencing associated with conservation works—

3

Tree-planting and tree management—

4

Upland management—

5

Wetland—

6

Ponds—

7

Introduction of livestock—

8

Scrub and bracken—

9

Landscape items—

10

Conservation of species—

11

Resource protection—

12

Agreement land to which public access is available—

13

Other items—

PART 5 — HLS capital works items

Column 1	Column 2
HLS capital works item	Maximum percentage of cost
aInstallation of silt traps	60% of cost
bInstallation of wind pumps for maintenance of water levels	80% of cost
cImprovement of droves	50% of cost
dConstruction of water penning structures	80% of cost
eUse of native seed mix in relation to the reversion of arable land	100% of cost
fMajor preparatory work in relation to the re-creation of heathland	100% of cost
gInstallation of livestock handling facilities	60% of cost
hProtection of historical and archaeological features	100% of cost
iRestoration of historic farm buildings	80% of cost

SCHEDULE 3 — Grants

PART 1 — ELS points target, points score and grant

1

The ELS points target shall be calculated at the following rates—

• (a) in relation to any conventional land situated within the less favoured area which comprises all or part of a parcel with an area of at least 15 hectares (“LFA land”), 8 points per hectare; and

• (b) in relation to all other conventional land, 30 points per hectare.

2

The beneficiary's ELS points score shall be calculated by—

• (a) multiplying the points value per unit in column 2 of Part 2 of Schedule 2 for each ELS option which is included in the environmental stewardship agreement by the number of units for which it is included (giving the points score for each ELS option); and

• (b) adding together the points score for each ELS option.

3

The grant for the ELS element of an environmental stewardship agreement shall be calculated at the following rates—

• (a) in relation to any LFA land, £8 per hectare per agreement year; and

• (b) in relation to all other conventional land, £30 per hectare per agreement year.

PART 2 — OELS points target, points score and grant

4

The OELS points target shall be calculated at the rate of 60 points per hectare.

5

The beneficiary's OELS points score shall be calculated by—

• (a) multiplying the points value per unit in column 3 of Part 2 of Schedule 2 for each OELS option which is included in the environmental stewardship agreement by the number of units for which it is included (giving the points score for each OELS option); and

• (b) adding together the points score for each OELS option.

6

The grant for the OELS element of an environmental stewardship agreement shall be calculated at the rate of £60 per hectare per agreement year in respect of all organic land.

PART 3 — HLS grant

7

• (1) The grant for the HLS element of an environmental stewardship agreement shall be the sum of the grant in respect of any—

• (a) HLS options, calculated in accordance with paragraph (2); and

• (b) HLS capital works items, calculated in accordance with paragraph (3).

• (2) In any agreement year the grant for HLS options shall be calculated by—

• (a) multiplying the payment rate referred to in regulation 5(5)(a) for each HLS option included in the environmental stewardship agreement by the number of units for which it is included (giving the payment for each HLS option); and

• (b) adding together the payment for each HLS option.

• (3) The grant for HLS capital works items shall be calculated as follows—

• (a) for HLS capital works items listed in column 1 of Part 4 of Schedule 2, by—

• (i) multiplying the payment rate referred to in regulation 5(5)(b) for each such HLS capital works item included in the environmental stewardship agreement by the number of units for which it is included (giving the payment for each such HLS capital works item); and

• (ii) adding together the payments for each such HLS capital works item;

• (b) for HLS capital works items listed in column 1 of Part 5 of Schedule 2, by—

• (i) multiplying the percentage referred to in regulation 5(5)(c) by the cost for each such HLS capital works item included in the environmental stewardship agreement (giving the payment for each such HLS capital works item); and

• (ii) adding together the payment for each such HLS capital works item; and

• (c) adding together the payments calculated in accordance with sub-paragraphs (a) and (b).

PART 4 — Special project grant

8

• (1) The grant for the special project element of an environmental stewardship agreement shall be the sum of the grant for each special project activity included in it.

• (2) The grant for a special project activity shall be—

• (a) calculated at the rate specified for it, or

• (b) the amount specified for it

in the environmental stewardship agreement.

SCHEDULE 4 — Conversion grant

A conversion grant under an environmental stewardship agreement shall be calculated at the following rates—

• (a) in respect of established top fruit orchards, £600 per hectare in each of the first three agreement years; and

• (b) in respect of improved land, £175 per hectare in each of the first two agreement years.

Signed

Elliot Morley — Minister of State — Department for Environment, Food and Rural Affairs — 2005-02-27

We consent,

Nick Ainger — Gillian Merron — Two of the Lords Commissioners of Her Majesty's Treasury — 2005-03-08

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 1972/1811.

[^f00002]: 1972 c. 68.

[^f00003]: 1995 c. 25. Section 98(5) defines the appropriate Minister. The functions of the Minister of Agriculture, Fisheries and Food (which related only to England) were transferred to the Secretary of State by virtue of article 2(2) of The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). The functions of the Secretary of State were, so far as they related to Wales, transferred to the National Assembly for Wales by virtue of article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the Secretary of State were, so far as they related to Scotland, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00004]: Section 99 was amended by article 3(d) of the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999 (S.I. 1999/416) and by section 73(4) of, and Schedule 8 to, the Countryside and Rights of Way Act 2000 (c. 37).

[^f00005]: The Compendium of UK Organic Standards is available on the following website: http://www.defra.gov.uk/farm/organic/ legislation-standards/compendium-may04.pdf.

[^f00006]: O.J. L 198, 22.07.1991, p. 124.

[^f00007]: O.J. L 385, 29.12.2004, p. 20.

[^f00008]: O.J. L 141, 30.04.2004, p.18.

[^f00009]: Regulation 3(1) of the Organic Products Regulations 2004 (S.I. 2004/1604) designates the Secretary of State as the competent authority for the purposes of Article 9(4) of the Council Regulation.

[^f00010]: “The Community Treaties” is defined in s.1(2) of the European Communities Act 1972 (c. 68).

[^f00011]: S.I. 2000/3044; the relevant amending instrument is S.I. 2001/431.

[^f00012]: S.I. 2003/1235.

[^f00013]: Section 2(2) of the European Communities Act 1972 is used for the purposes of making grant for the upkeep of the landscape and environmental features on agricultural land pursuant to Article 22(d) of Council Regulation (EC) No 1257/1999 (O.J. L 198, 22.07.1991, p. 124).

In this Schedule—

• “beetle bank” means a linear raised earth bank in an arable field, covered in grass vegetation;

• “brassica fodder crop” means a brassica crop which is grown to be grazed by livestock or cut for forage;

• “buffer strip” means a strip of land adjoining a field boundary or environmental feature which is not cultivated and where the use of inputs is restricted;

• “conservation headland” means an area of land within a cereal field which is adjacent to its boundary and in which the use of insecticides and herbicides is restricted;

• “cultivated land” means land which is regularly cultivated by ploughing or other means;

• “ditch management” means the cleaning of ditches and the management of vegetation on and adjacent to the ditch bank;

• “fen” means an area of low-lying marshy ground;

• “heathland” means an area of grass, shrubs and trees on acidic sandy soils;

• “hedgerow management” means a cycle of cutting and trimming used to control hedgerow growth and “enhanced hedgerow management” means a more restrictive cycle of cutting and trimming;

• “improved grassland” means grassland which—has been drained, fertilised, re-seeded or otherwise managed to increase its productive capacity; andreceives more than 50 but not more than 100 kilograms per hectare of inorganic nitrogen fertiliser per year;

• “in-bye” means enclosed land which is used for the production of grass in an upland area;

• “in-field tree” means a tree, the trunk of which is entirely within the field and does not touch the field boundary;

• “in-field pond” means a pond which is entirely within the field and does not touch the field boundary;

• “inputs” means fertiliser, manures, pesticides and seed;

• “intensive grassland” means grassland which receives more than 100 kilograms per hectare of inorganic nitrogen fertiliser per year;

• “organic grassland” means grassland which is managed organically and which is not rotational land;

• “over-wintered stubbles” means the remains of a cereal, oilseed rape, field bean or linseed crop after harvesting, retained through the winter into the following year;

• “permanent grassland” means land which is used to grow grasses or other herbaceous forage naturally or through cultivation and which has not been subject to cultivation for at least five years;

• “reedbeds” means an area of marshy ground on which the vegetation consists primarily of reeds;

• “rotational land” means land which will successively bear different crops as the rotation progresses including grass and clover in the fertility-building phase of the rotation;

• “rough grassland” means permanent grassland on which the vegetation is predominantly natural owing to the difficult terrain or other physical constraints;

• “rough grazing” means grazing on rough grassland;

• “rush pasture” means damp pasture where at least a third of the vegetation comprises rush species and the remainder comprises mainly grass and other herbaceous species;

• “skylark plot” means an unsown, sparsely vegetated area of land in a field sown with cereals;

• “successional” means containing a range of habitat structures appropriate to the specific target species;

• “whole crop silage” means a crop which is harvested to make silage for feeding to livestock.

A conversion grant under an environmental stewardship agreement shall be calculated at the following rates—

• (a) in respect of established top fruit orchards, £600 per hectare in each of the first three agreement years; and

• (b) in respect of improved land, £175 per hectare in each of the first two agreement years.

Editorial notes

[^c1133529]: S.I. 1972/1811.

[^c1133530]: 1972 c. 68.

[^c1133531]: 1995 c. 25. Section 98(5) defines the appropriate Minister. The functions of the Minister of Agriculture, Fisheries and Food (which related only to England) were transferred to the Secretary of State by virtue of article 2(2) of The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). The functions of the Secretary of State were, so far as they related to Wales, transferred to the National Assembly for Wales by virtue of article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the Secretary of State were, so far as they related to Scotland, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^c1133532]: Section 99 was amended by article 3(d) of the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999 (S.I. 1999/416) and by section 73(4) of, and Schedule 8 to, the Countryside and Rights of Way Act 2000 (c. 37).

[^c1133534]: O.J. L 198, 22.07.1991, p. 124.

[^c1133536]: O.J. L 141, 30.04.2004, p.18.

[^c1133537]: Regulation 3(1) of the Organic Products Regulations 2004 (S.I. 2004/1604) designates the Secretary of State as the competent authority for the purposes of Article 9(4) of the Council Regulation.

[^c1133539]: S.I. 2000/3044; the relevant amending instrument is S.I. 2001/431.

[^c1133540]: S.I. 2003/1235.

[^c1133541]: Section 2(2) of the European Communities Act 1972 is used for the purposes of making grant for the upkeep of the landscape and environmental features on agricultural land pursuant to Article 22(d) of Council Regulation (EC) No 1257/1999 (O.J. L 198, 22.07.1991, p. 124).

[^key-a63f84a4769d32b77ee8b8692752f298]: Words in reg. 2(1) substituted (15.8.2005) by The Environmental Stewardship (England) and Organic Products (Amendment) Regulations 2005 (S.I. 2005/2003), regs. 1(1), 3

[^key-81c662a0b9a80d5c0033fc2f8d120a09]: Words in Sch. 2 Pt. 1 inserted (30.4.2006) by The Environmental Stewardship (England) and Countryside Stewardship (Amendment) Regulations 2006 (S.I. 2006/991), regs. 1(2), 2(2)

[^key-f4cc1d9b671d206bd13041fb562811a7]: Words in Sch. 2 Pt. 2 Table added (30.4.2006) by The Environmental Stewardship (England) and Countryside Stewardship (Amendment) Regulations 2006 (S.I. 2006/991), regs. 1(2), 2(3)(a)

[^key-a49aec97bdaa6a2c90d0b8ac72ac5ef1]: Words in Sch. 2 Pt. 2 Table added (30.4.2006) by The Environmental Stewardship (England) and Countryside Stewardship (Amendment) Regulations 2006 (S.I. 2006/991), regs. 1(2), 2(3)(b)

[^key-fc564e081143107a7d81242580cfe94a]: Word in Sch. 2 Pt. 3 Table substituted (30.4.2006) by The Environmental Stewardship (England) and Countryside Stewardship (Amendment) Regulations 2006 (S.I. 2006/991), regs. 1(2), 2(4)(a)

[^key-c344b918e296f3d3a1c1fc99827f735f]: Words in Sch. 2 Pt. 3 Table added (30.4.2006) by The Environmental Stewardship (England) and Countryside Stewardship (Amendment) Regulations 2006 (S.I. 2006/991), regs. 1(2), 2(4)(b)

[^key-c8acd560e7eb6be6584059e4ddc5f86f]: Sch. 2 Pt. 4 entry omitted (30.4.2006) by virtue of The Environmental Stewardship (England) and Countryside Stewardship (Amendment) Regulations 2006 (S.I. 2006/991), regs. 1(2), 2(5)(a)

[^key-4e8a45218d842155c2760c8cb37c826d]: Sch. 2 Pt. 4 entry omitted (30.4.2006) by virtue of The Environmental Stewardship (England) and Countryside Stewardship (Amendment) Regulations 2006 (S.I. 2006/991), regs. 1(2), 2(5)(b)

[^key-c0d262c619975e2348909d6a6c9f740d]: Sch. 2 Pt. 4 entry omitted (30.4.2006) by virtue of The Environmental Stewardship (England) and Countryside Stewardship (Amendment) Regulations 2006 (S.I. 2006/991), regs. 1(2), 2(5)(c)

[^key-4c594516779e203679261e6912079905]: Words in reg. 2 substituted (4.9.2006) by The Environmental Stewardship (England) and Organic Products (Amendment) Regulations 2006 (S.I. 2006/2075), regs. 1(1), 3(a)

[^key-2d214efc20719b23b795e970965b5c06]: Words in reg. 2 substituted (4.9.2006) by The Environmental Stewardship (England) and Organic Products (Amendment) Regulations 2006 (S.I. 2006/2075), regs. 1(1), 3(b)

[^key-3673b217a734b8fbf7948bec9aa48de5]: Regulations applied (with modifications) (31.12.2020) by S.I. 2019/733, reg. 7 (as inserted by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 11(4))

[^key-16d578dc5340aa0c900009ba1f293c9b]: Words in reg. 3(3) substituted (31.12.2020) by The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/733), regs. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)

[^key-87454016cec564d1b7119e463458aba8]: Word in reg. 3(3)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 9

In this Schedule—

• “beetle bank” means a linear raised earth bank in an arable field, covered in grass vegetation;

• “brassica fodder crop” means a brassica crop which is grown to be grazed by livestock or cut for forage;

• “buffer strip” means a strip of land adjoining a field boundary or environmental feature which is not cultivated and where the use of inputs is restricted;

• “conservation headland” means an area of land within a cereal field which is adjacent to its boundary and in which the use of insecticides and herbicides is restricted;

• “cultivated land” means land which is regularly cultivated by ploughing or other means;

• “ditch management” means the cleaning of ditches and the management of vegetation on and adjacent to the ditch bank;

• “fen” means an area of low-lying marshy ground;

• “heathland” means an area of grass, shrubs and trees on acidic sandy soils;

• “hedgerow management” means a cycle of cutting and trimming used to control hedgerow growth and “enhanced hedgerow management” means a more restrictive cycle of cutting and trimming;

• “improved grassland” means grassland which—has been drained, fertilised, re-seeded or otherwise managed to increase its productive capacity; andreceives more than 50 but not more than 100 kilograms per hectare of inorganic nitrogen fertiliser per year;

• “in-bye” means enclosed land which is used for the production of grass in an upland area;

• “in-field tree” means a tree, the trunk of which is entirely within the field and does not touch the field boundary;

• “in-field pond” means a pond which is entirely within the field and does not touch the field boundary;

• “inputs” means fertiliser, manures, pesticides and seed;

• “intensive grassland” means grassland which receives more than 100 kilograms per hectare of inorganic nitrogen fertiliser per year;

• “native breed at risk” means a native breed of livestock, of which the number of breeding females in the United Kingdom is, in the opinion of the Secretary of State, lower than the threshold for it in Annex 1 of Commission Regulation (EC) No 817/2004 (laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)), as last amended by Commission Regulation (EC) No 1360/2005;

• “organic grassland” means grassland which is managed organically and which is not rotational land;

• “over-wintered stubbles” means the remains of a cereal, oilseed rape, field bean or linseed crop after harvesting, retained through the winter into the following year;

• “permanent grassland” means land which is used to grow grasses or other herbaceous forage naturally or through cultivation and which has not been subject to cultivation for at least five years;

• “reedbeds” means an area of marshy ground on which the vegetation consists primarily of reeds;

• “rotational land” means land which will successively bear different crops as the rotation progresses including grass and clover in the fertility-building phase of the rotation;

• “rough grassland” means permanent grassland on which the vegetation is predominantly natural owing to the difficult terrain or other physical constraints;

• “rough grazing” means grazing on rough grassland;

• “rush pasture” means damp pasture where at least a third of the vegetation comprises rush species and the remainder comprises mainly grass and other herbaceous species;

• “skylark plot” means an unsown, sparsely vegetated area of land in a field sown with cereals;

• “successional” means containing a range of habitat structures appropriate to the specific target species;

• “traditional farm building” means a building or part of a building constructed for a use associated with agriculture—using traditional methods and materials, orwhich is, in the opinion of the Secretary of State, of historic or landscape interest;

• “whole crop silage” means a crop which is harvested to make silage for feeding to livestock.

1

Hedgerows—

2

Woodland trees and scrub—

3

Orchards—

4

Upland management—

5

Arable land—

6

Resource protection—

7

Grassland—

8

Moorland and upland rough grazing—

9

Access—

10

Lowland heathland—

11

Inter-tidal and coastal land—

12

Agreement land to which public access is available—

13

Other items—

A conversion grant under an environmental stewardship agreement shall be calculated at the following rates—

• (a) in respect of established top fruit orchards, £600 per hectare in each of the first three agreement years; and

• (b) in respect of improved land, £175 per hectare in each of the first two agreement years.