8 Compliance and Non-Compliance – Defences
15.75 In some circumstances failure to comply with the cross-compliance rules will be excused, and will not be treated as non-compliance. A number of circumstances that can justify non-compliance for these purposes are set out in the both the English and Welsh regulations.176 So, an obligation action or restriction carried out under the terms of a land management agreement with Natural England or with Natural Resources Wales will not constitute a breach of the SMRs or GAEC in the cross-compliance Regulations.
A general condition provides that any action carried out by virtue of, or in connection with, any power or authorisation by or under any enactment, will not constitute non-compliance – provided always that the agricultural land must be in good agricultural and environmental condition within the meaning of the EU regulation following completion of the action or operation. Actions taken in the interests of human or animal health or safety will not constitute a failure of compliance. Similarly, actions taken to facilitate the treatment of a serious infestation of weeds or pests will not constitute non-compliance, and neither will preventative measures to address these issues.177
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