4 Protection of watercourses133
15.51 GAEC 1 seeks to protect watercourses from pollution and agricultural run-off by requiring farmers in receipt of the basic scheme payment to establish and maintain buffer strips around watercourses.
The cross-compliance condition applies to protect all ‘water courses’ – widely defined to include coast waters, estuaries, lakes, ponds, rivers, streams, field ditches, and canals.134 Farmers must prepare a map of their holding showing all surface waters on the holding and all land within 10 metres of them, and also showing all boreholes, springs and wells on the holding (or within 50 metres of its boundaries) and all land within 50 metres of them.135 Land within two metres of the centre of a watercourse or field ditch must not be cultivated, and no pesticides or fertilisers are to be applied to it, and a green cover must be established; if the watercourse or ditch is wider than this, then no cultivation can be undertaken (and no pesticides or fertilisers applied) on land which is covered by, forms the bank of, or is within 1 metre of the top of the bank of a watercourse or field ditch.136 The rule does not apply to prevent spot application of herbicides to control weeds, or on parcels of land of 2 hectares or less (measured within permanent field boundaries). The secretary of state has a general power to give written permission to a beneficiary excusing compliance with these requirements, but only where this is done ‘in order to enhance the environment, improvise public or agricultural access [to the land], or is given for reasons connected to livestock or crop production.137 Similar cross compliance conditions apply in Wales.13815.52 The guidance issued by DEFRA stipulates that landowners and farmers must not apply manufactured nitrogen within 2 metres of surface waters, or apply organic manure within 50 metres of any borehole, spring or well, or within 10 metres of any surface water.139
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