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Flooded or waterlogged agricultural land

Don't despair - this land may still comply with cross compliance rules or may still be eligible for payment under the Single Payment Scheme (SPS).

flooded land

Flooded or waterlogged land may still be eligible for SPS

Following the recent heavy rain, your agricultural land may have been temporarily waterlogged or affected by flooding. This land may still comply with cross compliance rules or may still be eligible for payment under the Single Payment Scheme (SPS).

You may find the following points helpful if you have land that has been affected by flooding:

Single Payment Scheme – eligibility
Land which is flooded or waterlogged can still be considered eligible for SPS, provided that the flooding is temporary and the land would otherwise still be available for agricultural activity.

Cross Compliance – Good Agricultural and Environmental Conditions (GAECs)

GAEC 1 Soil Protection Review (SPR):
Remember to update your SPR as soon as is practical if it becomes clear that the measures you chose are not working or if you change or adopt new measures.

GAEC 1 Soil Protection Review (SPR) – Post-harvest management of land:
You will not break the post-harvest management of land rule if you have prepared the land as a seedbed but are unable to sow the crop within 
10 days because the land is too waterlogged to access or because severe weather conditions make this impractical. 

GAEC 1 Soil Protection Review (SPR) – Access to waterlogged land:
Remember to record any activity and remedial action in your SPR 2010.

GAEC 9 Overgrazing and unsuitable supplementary feeding:
You will not breach the unsuitable supplementary feeding rules where it is necessary for the purpose of animal welfare during periods of extreme weather conditions.

GAEC 15 Hedgerows:
Remember that if you are planning to cut or trim any hedgerow on your farm, you will need to do so before 1 March. 

GAEC 20 Groundwater:
Exclusions from the requirement to hold a permit can apply in accidental and exceptional circumstances, this can include pollution resulting from extreme weather events outside of normal bounds of prediction.

GAEC exemptions and derogations:
You can get exemptions and derogations from some of the GAECs for reasons of human or animal health or safety, or if you have livestock or crop production issues or access issues. 

You can apply for an exemption or derogation by writing to RPA’s Customer Service Centre. Ideally, you should not go ahead with any activity until you have received written permission but in emergency situations, where it may not be possible for you to make an advance request, we would not expect you to do so.

Cross Compliance – Statutory Management Requirements (SMRs)

SMR 4 Nitrate Vulnerable Zones:
Remember that you mustn’t apply any nitrogen fertiliser when the soil is waterlogged, flooded or locate temporary field heaps on land likely to become waterlogged or flooded.
There is some useful information on the Environment Agency website.

SMR 18 Animal welfare:
Remember you must give your animals that are not kept in buildings, access to a well drained lying area at all times and, if necessary, protection from adverse weather conditions, predators and other risks to their health. 
There is some useful information on the Animal Health and Veterinary Laboratories Agency website.

For more information on these GAECs and SMRs read ‘The Guide to Cross Compliance in England 2014 edition on our website.

Force Majeure and Exceptional Circumstances:
Remember that if you have not been able to meet cross compliance or satisfy SPS eligibility rules because of temporary flooding, you may still be eligible for scheme payments on the grounds of force majeure or exceptional circumstances. These exceptions apply where there are unforeseeable or abnormal circumstances outside of your control (such as severe flooding) and you can show that you could not reasonably be expected to have guarded against this. For more detailed information you should read the SPS Handbook for England 2013 section N, paragraphs 4 to 6.

Source: Rural Payments Agency (RPA)

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