The Heather and Grass etc. Burning (England) Regulations 2007

Amendment of the Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005

10.  The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005(1) are amended by substituting paragraph 17 of the Schedule with the following—

“17.—(1) A farmer must not burn heather, rough grass, bracken, gorse or vaccinium unless—

(a)there are, where the burning is taking place, sufficient persons or equipment to control and regulate the burning during the entire period of the operation;

(b)he takes, before commencing burning and during the entire period of the operation, all reasonable precautions to prevent injury or damage to any adjacent land, or to any person or thing on that land.

(2) A farmer must not burn heather, rough grass, bracken, gorse or vaccinium—

(a)on land which is within an upland area, during the period within any year from 16th April to 30th September, both dates inclusive; or

(b)on all other land, during the period within any year from 1st April to 31st October, both dates inclusive,

except under (and in accordance with) a licence issued by Natural England under regulation 7 of the Heather and Grass etc. Burning (England) Regulations 2007.

(3) In sub-paragraph (2), “upland area” means all the land shown coloured pink (except land in the Isles of Scilly) 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.”(2)