Agriculture Title, commencement and interpretation 1 1 These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 28th May 2010. 2 The Interpretation Act (Northern Ireland) 1954 applies to these Regulations as it applies to an Act of the Northern Ireland Assembly. Amendment of the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2005 2 1 The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2005 are amended in accordance with paragraphs (2) to (6). 2 In regulation 2(2) (Interpretation)— a after the definition of “authorised person” insert - “the Commission Regulation (EC) No 1120/2009 ” means Commission Regulation 1120/2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers;”; b for the definition of “the Commission Regulation” substitute – “the Commission Regulation” means Commission Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Council Regulation ( EC ) No.73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for in that Regulation; c in the definition of “permanent pasture” substitute “Article 2(c) of Commission Regulation 1120/2009.”; 3 In regulation 3 for “Article 4(3)” substitute “Article 4(2)”. 4 In regulation 6 (Competent Control Authority) - a in paragraph (1) for “Article 42(1)” substitute “Article 48(1)”.; b in paragraph (2) for “Article 48” substitute “Article 54”. 5 In regulation 7 (Powers of authorised persons)— a in sub paragraph (1) (a) for “Article 48” substitute “Article 54;”. 6 In the Schedule (Standards of Good Agricultural and Environmental Condition) a for paragraph 4 (Undergrazing) substitute— Undergrazing 4 1 A farmer shall not permit land to be undergrazed to the extent that the land is not capable of returning to agricultural production by the end of the next growing season. 2 A farmer shall not permit the presence of the following species of plant: rhododendron, Himalayan balsam, giant hogweed, Japanese knotweed and any noxious weed within the meaning of Article 3 of the Noxious Weeds (Northern Ireland) Order 1977 . ; b for paragraph 5 (Field Boundaries) substitute— Field Boundaries 5 1 Except with the prior written approval of the Department, a farmer shall not permit: a the removal of any dry stone wall, hedge or earthbank; b the infilling of any open sheugh or ditch; or c the laying of a drainage pipe in any open sheugh or ditch. 2 Without prejudice to sub-paragraph 1(a), where a tree is growing in a hedge removal of such tree is permitted without obtaining the prior written approval of the Department where: a its removal is necessary for reasons of human health or public safety; or b the tree is used for timber, provided that a sapling replaces the tree in the hedge within a reasonable time. 3 A requirement to obtain the prior written approval of the Department at sub-paragraph 1(b) or (c) shall not be necessary in the case of a permanently dry sheugh or ditch or to field boundaries marking the boundary of non agricultural land. 4 A farmer shall not permit the carrying out of hedge, tree or scrub cutting (including trimming, coppicing, and laying) between the 1st March and 31st August, except where this is necessary for reasons of human health or public safety. ; c for paragraph 6 (Protection of semi natural habitats and historic monuments) substitute— Protection of semi natural habitats and historic monuments 6 A farmer shall ensure that where any of the following features is found on his land, it is retained without impairment: a a semi-natural habitat; b a historic monument. ; d after paragraph 9 (Burning of Ground Cover) insert— Irrigation Authorisations 9A 1 If a farmer is abstracting or impounding more than 10m 3 but less than 20m 3 of water for irrigation purposes in any 24 hour period the farmer must have an NIEA water abstraction authorisation within the meaning of the Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006 and adhere to the requirements of the authorisation. 2 If a farmer is abstracting or impounding more than 20m 3 of water for irrigation purposes in any 24 hour period the farmer must hold an NIEA water abstraction licence within the meaning of the Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006 and adhere to the requirements of the licence. . Revocation 3 In the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Amendment) Regulations (Northern Ireland) 2009 regulation 2(3) is revoked. Sealed with the Official Seal of the Department of Agriculture and Rural Development on 6th May 2010. M Beatty A senior officer of the Department of Agriculture and Rural Development