The Land in Care Scheme (Tir Gofal) (Wales) Regulations 1999

Regulation 2(3)

SCHEDULE 5Interpretation of Schedules

1.  In Schedules 1 to 4–

“acid grassland” means a species poor type of grassland growing on an acidic soil, widespread in upland areas;

“arable land” means land used for the growing of cereals, root crops and brassicas;

“blanket bog” means an area with a type of species poor upland vegetation overlying a mantle of peat which completely smothers the underlying terrain, and where the water supply is derived entirely from rainfall;

“buffer zone” means a narrow strip of land located between a valued habitat and more intensively managed farmland, and which received no fertiliser, lime or pesticides;

“coastal grazing marsh” means a flat coastal area located behind sea defences or sand dunes, and comprising grassland which is sub-divided and drained by ditches holding standing water throughout the year;

“conventional crop” means a crop that has not been grown in accordance in the terms of a Tir Gofal agreement;

“ditch casting” means the practice of dredging out water filled ditches on a regular basis to promote the free flow of water and maintain a habitat for wildlife;

“enclosed” in relation to land means distinct parcels of land which are surrounded and separated by traditional field boundaries or fencing;

“felling licence” means a licence to fell trees granted by the Forestry Commissioners under section 9 of the Forestry Act 1967(1);

“floodplain grassland” means a flat area of land located adjacent to a river and comprising grassland which is sub-divided and drained by a network of ditches holding standing water throughout the year;

“grassland” means land on which the vegetation consists primarily of grass species;

“grazing land” means land used for the keeping of cattle, horses or sheep;

“grazed pasture” means grassland used for the grazing of cattle, horses or sheep;

“haymeadow” means grassland from which livestock is excluded for a sufficient period during the summer months for a crop of grass to be grown and from which grass is cut and baled in a traditional manner;

“heathland” means land on which there is a plant community with at least 25% cover of heathers, bilberry and western gorse, occurring in either lowland or upland areas;

“heathland vegetation” means a mixture of heathers, bilberry, western gorse, grasses, and herbs in which the dwarf shrubs cover at least 25% of the surface;

“high mountain heath” means land with a type of vegetation occurring on high altitude mountain ridges and summits, composed of heavily wind-pruned heather, bilberry or grasses, together with characteristic large lichens and mosses;

“improved” in relation to grassland means grassland which has been drained, fertilised, reseeded, or otherwise managed to improve its productive capacity, and which is characterised by a predominance of agricultural grasses;

“improved land” means improved grassland or arable land which has been modified by a combination of draining, ploughing, re-seeding, fertilising, liming or heavy grazing to improve its productive capacity;

“invasive plant species” means plants which have been introduced either intentionally or unintentionally to Wales by man and which have a tendency to spread rapidly unless controlled;

“limestone grassland” means a species rich type of grassland growing on lime rich soil, occurring both in upland and lowland areas;

“lowland heath” means a type of vegetation situated below the upper limit of agricultural enclosure and with a least a 25% cover of heathers and western gorse;

“marshy grassland” means damp grassland on peaty or mineral soils, composed predominantly of rushes, sedges, and characteristic wetland herbs and grasses;

“moorland” means land with an upland plant community composed of either heather or grasses or a mixture of both;

“neutral grassland” means a type of species rich grassland growing on a soil intermediate in character between acidic and lime rich, usually occurring within isolated fields or small groups of fields;

“non-native species” in relation to plants or animals means plants or animals other than farm livestock or crops which have been introduced either intentionally or unintentionally into Wales by man;

“off farm wastes” means waste products from agricultural or industrial enterprises which are located outside the agreement land;

“parkland” means an area of scattered mature or ancient trees overlying pasture or arable land, often of particular landscape or historic significance;

“raised bog” means an area with a type of species poor wetland vegetation overlying a dome of peat developed within a lowland drainage basin, and where the water supply is derived entirely from rainfall;

“reedbed” means an area with a type of tall wetland vegetation characterised by a predominance of common reed;

“rough grass margins” means infrequently mown grass strips lying adjacent to cereal or root crops;

“saltmarsh” means an area of salt tolerant coastal vegetation which is regularly inundated by the tides;

“sand dune” means an area of coastal grassland or heathland overlying sand or sandy soil;

“scrub” means land dominated by shrubs which are usually less than 5 metres high, most commonly a combination of blackthorn, hawthorn and gorse;

“semi-improved grassland” means grassland with a relatively species poor type of vegetation composed of a mixture of agricultural and non-agricultural species, derived from unimproved acid, limestone or neutral grassland following regular applications of fertiliser, lime and heavy grazing;

“semi-natural broadleaved woodland” means land which has at least 30% cover of native trees which have generally not been planted and are at least 5 metres high;

“short turf” means an area of grassland maintained at a height of less than 15 centimetres by the action of grazing animals;

“slate fence” means a fence comprising pieces of slate hammered vertically into the ground in a line and attached to each other using a single strand of wire;

“species-rich fens” means areas with a type of wetland vegetation occurring on deep peat, and where the water supply is predominantly via ground water;

“spoil” means waste material thrown or brought up in excavating or dredging activities;

“stream-side corridors” means narrow strips of land adjacent to watercourses or other water bodies, fenced to exclude stock and allow for the regeneration of native vegetation;

“swamp” means an area with a type of tall wetland vegetation characterised by a mixture of plants including grasses, rushes, common reed and characteristic herbs;

“traditional field boundaries” means structures such as hedges, stone walls, earth banks and slate fences customarily used to create separate fields within a farm;

“uncropped fallow margins” means strips of annually cultivated land, no longer sown to cereals or roots, but located next to arable crops;

“unenclosed” in relation to land means extensive tracts of land that are open in character and where the only field boundaries are those along the perimeter;

“unimproved” in relation to grassland means grassland with a type of vegetation which has not been modified by agricultural activity, with the exception of light grazing and moderate applications of farmyard manure;

“upland heath” means land with a type of vegetation situated above the upper limit of agricultural enclosure with at least a 25% cover of heathers, bilberry and western gorse;

“water features” means areas of open water including ponds, lakes, streams and ditches;

“wetland” means an area of peaty or mineral soil with a permanently high water table, and which may be subject to frequent flooding in winter;

“wildlife cover crop” means a mixture of cereals, brassicas and other seed sources, sown to benefit a range of insects, birds and mammals living on arable land;

“winter stubbles” means the remains of a cereal or linseed crop following harvest, and which are retained through the winter period into early spring;

“Woodland Grant Scheme agreement” means an agreement which the Forestry Commissioners enter into to make grants pursuant to section 1 of the Forestry Act 1979(2) for and in connection with the use and management of land for forestry purposes;

2.  In Schedules 1 to 4–

(a)any reference to a given unit of measurement includes (where appropriate to the circumstances) a reference to a fraction of that unit; and

(b)where (in accordance with sub-paragraph (a) above) a reference to a given unit of measurement is a reference to a fraction thereof, any reference to a payment rate in relation to the given unit of measurement shall be adjusted in proportion to the fraction concerned.