Regulation 11(3)(b)
Part I of this Schedule applies to the activities specified in Menu Options 1, 2 and 6 to 14 of Schedule 1.
Part II of this Schedule applies to all the activities specified in the Menu Options in Schedule 1.
Part III of this Schedule applies to the activities specified in Menu Options 6 to 14 of Schedule 1.
1. On rough grazings, unimproved grassland, reverted improved grassland, machair and dune grassland, wetlands and native, amenity or semi natural woodlands, livestock must be managed to avoid either overgrazing or undergrazing. Where the Scottish Ministers form the opinion that land was being overgrazed, a management regime including a maximum (and, where appropriate, a minimum) stocking rate to be observed on that site will be prescribed. The removal or clearance of drystone or flagstone dykes or walls, hedges and hedgerow trees will not be permitted except with the prior written approval of the Scottish Ministers. Records shall be maintained by the applicant showing that this approval has been obtained.S
Commencement Information
I1Sch. 2 Pt. I para. 1 in force at 15.5.2005, see reg. 1(1)
2. Trimming of hedges and hedgerows must not be carried out between 1st March and 31st July.S
Commencement Information
I2Sch. 2 Pt. I para. 2 in force at 15.5.2005, see reg. 1(1)
3. Where it is intended to undertake any operation on the land that is likely to damage any Site of Special Scientific Interest, designated pursuant to section 28 of the Wildlife and Countryside Act 1981(1), the prior approval of Scottish Natural Heritage must be obtained. Records shall be maintained by the applicant showing that this approval has been obtained.S
Commencement Information
I3Sch. 2 Pt. I para. 3 in force at 15.5.2005, see reg. 1(1)
4. If a new silage or slurry storage facility is constructed on the land, the Scottish Environment Protection Agency must be notified before it is used. Records showing that this notification has been given must be maintained by the applicant.S
Commencement Information
I4Sch. 2 Pt. I para. 4 in force at 15.5.2005, see reg. 1(1)
5. Prior authorisation must be obtained from the Scottish Environment Protection Agency before any sheep dip is disposed of on the land. Records showing that this authorisation has been obtained, and records detailing the manner of disposal of the sheep dip, shall be maintained by the applicant.S
Commencement Information
I5Sch. 2 Pt. I para. 5 in force at 15.5.2005, see reg. 1(1)
6. Prior authorisation must be obtained from the Forestry Commission before the felling of any trees on the land. Records shall be maintained by the applicant showing that this approval has been obtained.S
Commencement Information
I6Sch. 2 Pt. I para. 6 in force at 15.5.2005, see reg. 1(1)
7. Animals must not be caused any unnecessary pain or suffering and must be inspected at regular intervals. Animals kept in buildings must have access to a well maintained drying area. Animal buildings must be constructed in such a way that will not be harmful to animals. Where necessary artificial light must be provided and animals must not be kept without an appropriate rest from artificial light. Animals must be fed a diet of sufficient quality and quantity to maintain them in good health and to satisfy their nutritional needs. All animals must have access to feed at appropriate intervals (at least once a day) and a suitable water supply or be able to satisfy their fluid intake needs by other means. Animals must not have their movement restricted in such a way as to cause them unnecessary suffering or injury.S
Commencement Information
I7Sch. 2 Pt. I para. 7 in force at 15.5.2005, see reg. 1(1)
8. Only those persons who have the appropriate ability, knowledge and professional competence may attend to animals.S
Commencement Information
I8Sch. 2 Pt. I para. 8 in force at 15.5.2005, see reg. 1(1)
9. Ill or injured animals must be cared for appropriately and without delay and, where necessary, veterinary advice must be obtained as soon as possible. Records must be maintained and retained by the applicant for 3 years of all medicinal treatment given to animals and of all mortalities.S
Commencement Information
I9Sch. 2 Pt. I para. 9 in force at 15.5.2005, see reg. 1(1)
1. The Control of Pollution Act 1974(2).
Commencement Information
I10Sch. 2 Pt. II para. 1 in force at 15.5.2005, see reg. 1(1)
2. The Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 2005(3).
Commencement Information
I11Sch. 2 Pt. II para. 2 in force at 15.5.2005, see reg. 1(1)
3. The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003(4).
Commencement Information
I12Sch. 2 Pt. II para. 3 in force at 15.5.2005, see reg. 1(1)
4. The Groundwater Regulations 1998(5).
Commencement Information
I13Sch. 2 Pt. II para. 4 in force at 15.5.2005, see reg. 1(1)
5. The Clean Air Act 1993(6).
Commencement Information
I14Sch. 2 Pt. II para. 5 in force at 15.5.2005, see reg. 1(1)
6. The Hill Farming Act 1946(7).
Commencement Information
I15Sch. 2 Pt. II para. 6 in force at 15.5.2005, see reg. 1(1)
7. The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003(8).
Commencement Information
I16Sch. 2 Pt. II para. 7 in force at 15.5.2005, see reg. 1(1)
8. Part III of the Food and Environment Protection Act 1985(9) and the Control of Pesticides Regulations 1986(10).
Commencement Information
I17Sch. 2 Pt. II para. 8 in force at 15.5.2005, see reg. 1(1)
9. The Plant Protection Products Regulations 1995(11).
Commencement Information
I18Sch. 2 Pt. II para. 9 in force at 15.5.2005, see reg. 1(1)
10. The Ancient Monuments and Archaeological Areas Act 1979(12).
Commencement Information
I19Sch. 2 para. 10 in force at 15.5.2005, see reg. 1(1)
11. The Wildlife and Countryside Act 1981(13).
Commencement Information
I20Sch. 2 para. 11 in force at 15.5.2005, see reg. 1(1)
12. The Conservation (Natural Habitats etc.) Regulations 1994(14).
Commencement Information
I21Sch. 2 para. 12 in force at 15.5.2005, see reg. 1(1)
13. The Ancient Monuments (Class Consents) (Scotland) Order 1996(15).
Commencement Information
I22Sch. 2 para. 13 in force at 15.5.2005, see reg. 1(1)
14. The Forestry Act 1967(16).
Commencement Information
I23Sch. 2 para. 14 in force at 15.5.2005, see reg. 1(1)
15. The Welfare of Farmed Animals (Scotland) Regulations 2000(17).
Commencement Information
I24Sch. 2 para. 15 in force at 15.5.2005, see reg. 1(1)
1. To avoid damage to the conservation interest of rough grazings, unimproved grassland, reverted improved grassland, machair and dune grassland, wetlands, water margins, and native, amenity or semi natural woodlands, new drainage works, ploughing, clearing, levelling, re seeding or cultivating may not be undertaken. Livestock must be managed to avoid poaching.S
Commencement Information
I25Sch. 2 Pt. III para. 1 in force at 15.5.2005, see reg. 1(1)
2. Pesticides, lime or fertiliser (including farmyard manure and slurry) must not be applied to rough grazings, unimproved pasture, reverted improved grassland, machair and dune grassland, wetlands, water margins, native, amenity or semi natural woodlands and scrub, except in exceptional circumstances and only with the prior written approval of the Scottish Ministers. Records shall be maintained by the applicant showing that this approval has been obtained.S
Commencement Information
I26Sch. 2 Pt. III para. 2 in force at 15.5.2005, see reg. 1(1)
3. Injurious weeds to which the Weeds Act 1959(18) applies must be controlled to prevent their spread and to avoid the risk of damage to the conservation interest of any habitat or feature on the land.S
Commencement Information
I27Sch. 2 Pt. III para. 3 in force at 15.5.2005, see reg. 1(1)
4. Muirburn may only be carried out in accordance with guidance approved by the Scottish Ministers.S
Commencement Information
I28Sch. 2 Pt. III para. 4 in force at 15.5.2005, see reg. 1(1)
5. The damage or destruction of any historic or archaeological features or areas must be avoided and guidance approved by the Scottish Ministers must be followed for the protection of such features or areas.S
Commencement Information
I29Sch. 2 Pt. III para. 5 in force at 15.5.2005, see reg. 1(1)
6. Guidance, approved by the Scottish Ministers, on the prevention of environmental pollution from agricultural activity must be followed for the avoidance of pollution or to minimise the risk of pollution.S
Commencement Information
I30Sch. 2 Pt. III para. 6 in force at 15.5.2005, see reg. 1(1)
S.I. 1998/2746, amended by S.S.I. 2000/323
S.I. 1995/887, amended by S.I. 1996/1940, 1997/7 and 2499, 1998/2760, 1999/1228, S.S.I. 2001/161, 202 and 454 and 2002/279
S.I. 1994/2716, amended by S.I. 1997/3055 and S.S.I. 2000/323.
S.I. 1996/1507.
S.S.I. 2000/442 amended by S.S.I. 2002/334 and 2003/488.