The Habitat (Water Fringe) (Wales) Regulations 1994

Regulation 3, 5 and 7

SCHEDULEMANAGEMENT REQUIREMENTS

As regards any strip of eligible land which is the subject of an undertaking under regulation 3(a)—

(1) the beneficiary shall maintain existing hedges, walls, fences and banks using traditional methods and materials;

(2) the beneficiary shall not remove any existing hedges, walls, fences (other than wire fences), banks or hedgerow trees;

(3) the beneficiary shall not construct new hedges, walls, fences or banks without the prior written approval of the Secretary of State;

(4) the beneficiary shall not plough, level, reseed, cultivate or use a chain harrow or roller;

(5) the beneficiary shall not install any new drainage system nor substantially modify any existing drainage system without the prior written approval of the Secretary of State;

(6) the beneficiary shall not apply any lime or any other substance designed to reduce the acidity of the soil or any inorganic or organic fertiliser;

(7) the beneficiary shall not apply fungicides or insecticides;

(8) subject to paragraph (9) below, the beneficiary shall not apply herbicides except to control nettles (Urtica dioica), spear thistle (Cirsium vulgare), creeping or field thistle (Cirsium arvense), curled dock (Rumex crispus), broadleaved dock (Rumex obtusifolius), ragwort (Senecio jacobaea) and Japanese Knotweed (Reynoutria Japonica) and then only by spot treatment or weed wiper;

(9) the beneficiary shall control bracken (Pteridium aquilinum) by mechanical means or by the use of asulam or other chemical approved by the Secretary of State and in accordance with a programme agreed in advance with the Secretary of State;

(10) the beneficiary shall burn heather, grass and scrub only in accordance with a programme agreed in advance with the Secretary of State;

(11) the beneficiary shall conserve and maintain all existing lakes, ponds and streams;

(12) the beneficiary shall ensure that he does not damage or destroy any features of archaeological or historic interest;

(13) the beneficiary shall not remove any scrub without the prior written approval of the Secretary of State;

(14) the beneficiary shall retain any broadleaved trees for which he is responsible;

(15) the beneficiary shall not move any boulders or remove any rocks from rock outcrops;

(16) the beneficiary shall maintain any weatherproof traditional farm buildings for which he is responsible in a weatherproof condition using traditional materials or other materials the use of which has been approved in writing by the Secretary of State;

(17) the beneficiary shall obtain from the Secretary of State written advice concerning siting, design and materials before constructing or altering buildings or roads or undertaking any other engineering or construction operations which do not require prior notification determination by the local planning authority under the Town and Country Planning General Development Order 1988(1), or planning permission;

(18) the beneficiary shall control pests in a lawful manner;

(19) the beneficiary shall not graze the land with cattle or sheep at a stocking rate that causes overgrazing or poaching, but shall not in any event graze the land with cattle or sheep at an average annual stocking rate exceeding 0.3 livestock units per hectare;

(20) the beneficiary shall restrict supplementary feeding of livestock to areas agreed in writing with the Secretary of State;

(21) the beneficiary shall, within six months of the commencement of the management period, agree in writing with the Secretary of State—

(a)a programme for managing the strip, including in particular regimes for—

(i)mowing grass late in the growing season;

(ii)planting trees on river banks;

(iii)determining which type of livestock should graze the strip;

(iv)creating standing water;

(v)excluding livestock from river banks; and

(vi)profiling such banks; and

(b)a timescale to implement that programme;

(22) the beneficiary shall commence work on the programme for managing the strip agreed with the Secretary of State under paragraph (21) above within nine months of the start of the management period and shall thereafter implement that programme in accordance with the timescale agreed with the Secretary of State.