3 Soil protection124
15.48 The cross-compliance rules in England impose a general duty on all recipients of the basic payment to ensure that all reasonable steps are taken to avoid excessive soil erosion on the land.125 Excessive soil erosion is defined to mean soil loss or degradation over a single (crossing boundary features if there are nay) area at least 1 hectare, or soil loss or degradation caused by livestock trampling over a single stretch alongside a watercourse which is at least 2 metres wide for a continuous length of 20 metres.126
15.49 The general duty to protect soil quality and composition is supplemented by specific conditions that must also be observed.
So, a farmer or landowner in receipt of the basic payment must take all reasonable steps to ensure that the land is covered by crops, stubble, residues or other vegetation in order to protect the soil (unless this would conflict with the general duty to prevent soil erosion).127 This can be done by establishing vegetative cover from all types of crops, grass or herbaceous forage, cover crops and nitrogen fixing crops, game cover and crops planted for biodiversity, trees or coppice, overwintered stubble from combinable crops, and other stubble or crop residues such as maize, vegetable and sugar beet.128 The Regulations are sensitive to the need to be flexible and balance soil protection with the requirements of agricultural practice, however, and a long list of exclusions applies to allow for the removal of (or failure to provide) plant cover with ‘agronomic justification’.129 Thus, an absence of green cover can be justified if required for the greening component of the basic payment (for example it is in an ecological focus area), or if it is undertaken to establish habitat conditions beneficial to biodiversity or wildlife. Turf can be removed for use otherwise than as fuel, and green cover can be excused in the land is being managed to control pests, weeds or diseases. The maintenance of a green cover can also be excused where the land is being managed for outdoor pig or poultry production or out wintered livestock, where it is not reasonably practicable to maintain plant cover ‘due to the actions of the animals’.130 The land can also be left uncovered where the action of frost over the winter is being used to naturally break down the soil, in order to prepare the ground and create a seedbed for spring sowing of crops. The Secretary of State has a general power to give written permission to a beneficiary excusing compliance with the soil protection requirements, but only where this is done ‘in order to enhance the environment, improve public or agricultural access [to the land], or is given for reasons connected to livestock or crop production.13115.50 Similar cross-compliance conditions are applied in Wales, with specific additional provisions preventing mechanical field operations on waterlogged soil.132
More on the topic 3 Soil protection124:
- 3 Soil protection124
- Soil Profile
- Characteristics of Soil
- Soil Erosion
- Composition of Soil
- Reclamation of Soil
- Indicators of Soil Pollution
- Formation of Soil
- Harmful Effects of Soil Pollutants
- Appendix