The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2011

Made: 14th February 2011

Laid before the Scottish Parliament: 17th February 2011

Coming into force: 15th March 2011

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Citation, commencement and interpretation

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Amendment to the principal Regulations

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Amendment to regulation 2

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Amendment to regulation 7

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Amendment to regulation 9

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Amendment to regulation 10

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Amendment to regulation 12

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Amendment to regulation 14

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Amendment to regulation 15

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Amendment to regulation 16

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Amendment to regulation 17

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Amendment to Schedule 1

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Amendment to Part 1 of Schedule 2

13

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Amendment to option10 (improving the economic value of forests)

14

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Amendment to option 15 (conversion to and maintenance of organic farming)

15

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Amendment to option16 (wild bird seed mix/unharvested crop)

16

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Amendment to option17 (management of mown grassland for wildlife)

17

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Amendment to option18 (management of mown grassland for corn buntings)

18

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Amendment to option 19 (management of mown grassland for corncrakes)

19

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Amendment to option21 (creation and management of early and late cover for corncrakes)

20

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Amendment to option22 (management of early and late cover for corncrakes)

21

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Amendment to option23 (management of open grazed or wet grassland for wildlife)

22

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Amendment to option24 (mammal and bird control)

23

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Amendment to option25 (supplementary food provision for raptors)

24

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Omission of option 26 (wardening for Golden Eagles)

25

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Amendment to option27 (control of invasive non-native species)

26

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Amendment to option28 (management of species rich grassland)

27

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Amendment to option30 (creation and management of species rich grassland)

28

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Amendment to option31 (management of habitat mosaics)

29

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Amendment to option32 (management of wetland)

30

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Amendment to option33 (creation, restoration and management of wetland)

31

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Amendment to option34 (management/restoration of lowland raised bogs)

32

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Amendment to option35 (creation and management of water margins and enhanced riparian buffer areas)

33

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Amendment to option37 (management of buffer areas for fens and lowland raised bogs)

34

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Amendment to option38 (management of coastal or serpentine heath)

35

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Amendment to option41 (management of moorland grazing)

36

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Amendment to option43 (moorland stock disposal)

37

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Amendment to option47 (management of hedgerows)

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Amendment to option48 (management of extended hedges)

39

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Amendment to option49 (management of grass margins and beetlebanks in arable fields)

40

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Amendment to option50 (bio-diversity cropping on in-bye)

41

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Amendment to option51 (management of cropped machair)

42

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Amendment to option52 (management of ancient wood pasture)

43

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Amendment to option53 (management of scrub and tall herb communities)

44

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Amendment to option54 (arable reversion to grassland)

45

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Amendment to option60 (woodland creation)

46

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Amendment to option61 (sustainable management of forests and woodlands)

47

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Amendment to option66 (information and awareness raising)

48

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Amendment to option70 (active management to improve the condition of vernacular rural buildings, archaeological or historic sites and historic landscapes)

49

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Amendment to option74 (removal of vegetation/debris from SSSI sites notified for their geological features)

50

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Amendment to option75 (erosion control)

51

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Amendment to option77 (capital works required for SSSI and European Site features which enhance the public amenity value of those features)

52

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Amendment to option78 (controlled livestock grazing of woodland)

53

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Insertion of options 79 to 81

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Amendment to Part 2 of Schedule 2

55

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Amendment to Table A in Schedule 3

56

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Amendment to Table B in Schedule 3

57

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Amendment to Schedule 4

58

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Savings provision

59

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SCHEDULE 1 — INSERTION OF OPTIONS 79 TO 81 IN PART 1 OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

Column1 Option	Column2 Activityandeligibilityconditions	Column2 Activityandeligibilityconditions	Column2 Activityandeligibilityconditions	Column3 Rateofpayment
79.Creation and management of grassland for hen harriers	(1)Thisisa5yearcommitment.	(1)Thisisa5yearcommitment.	(1)Thisisa5yearcommitment.	ForA(a)£256 perhectareper year
79.Creation and management of grassland for hen harriers	(2)Therearetwo elements to this option (AandB) to support hen harriers breeding in Special Protection Areas and Sites of Special Scientific Interest:—	(2)Therearetwo elements to this option (AandB) to support hen harriers breeding in Special Protection Areas and Sites of Special Scientific Interest:—	(2)Therearetwo elements to this option (AandB) to support hen harriers breeding in Special Protection Areas and Sites of Special Scientific Interest:—	ForA(b)£208 per hectare per year
79.Creation and management of grassland for hen harriers	(2)Therearetwo elements to this option (AandB) to support hen harriers breeding in Special Protection Areas and Sites of Special Scientific Interest:—	(2)Therearetwo elements to this option (AandB) to support hen harriers breeding in Special Protection Areas and Sites of Special Scientific Interest:—	(2)Therearetwo elements to this option (AandB) to support hen harriers breeding in Special Protection Areas and Sites of Special Scientific Interest:—
79.Creation and management of grassland for hen harriers	(2)Therearetwo elements to this option (AandB) to support hen harriers breeding in Special Protection Areas and Sites of Special Scientific Interest:—	(2)Therearetwo elements to this option (AandB) to support hen harriers breeding in Special Protection Areas and Sites of Special Scientific Interest:—	(2)Therearetwo elements to this option (AandB) to support hen harriers breeding in Special Protection Areas and Sites of Special Scientific Interest:—	ForA(c)
	A:Creation and management of rough grassland for hen harriers—	A:Creation and management of rough grassland for hen harriers—	A:Creation and management of rough grassland for hen harriers—	£124per hectareperyear.
	Creationandmanagementofrough grasslandonarableland;	Creationandmanagementofrough grasslandonarableland;	Creationandmanagementofrough grasslandonarableland;	For both A(a) and (b) up to a maximum of
				twohectares per year unless a beneficiary has prior written agreement from SNH for a larger area.
	Creationandmanagementofrough grasslandonimprovedgrassland;	Creationandmanagementofrough grasslandonimprovedgrassland;	Creationandmanagementofrough grasslandonimprovedgrassland;	twohectares per year unless a beneficiary has prior written agreement from SNH for a larger area.
				twohectares per year unless a beneficiary has prior written agreement from SNH for a larger area.
	Creation or management of rough grassland on unimproved grass; and	Creation or management of rough grassland on unimproved grass; and	Creation or management of rough grassland on unimproved grass; and	twohectares per year unless a beneficiary has prior written agreement from SNH for a larger area.
				For B £33 per hectare
	B: Creation and management of rough habitats for hen harriers.	B: Creation and management of rough habitats for hen harriers.	B: Creation and management of rough habitats for hen harriers.	per year.
	(3)For both elements A and B, a beneficiary is eligible for payment under this option if the beneficiary—	(3)For both elements A and B, a beneficiary is eligible for payment under this option if the beneficiary—	(3)For both elements A and B, a beneficiary is eligible for payment under this option if the beneficiary—
	provides forage areas for hen harriers, within two kilometres of known hen harrier nest sites;	provides forage areas for hen harriers, within two kilometres of known hen harrier nest sites;	provides forage areas for hen harriers, within two kilometres of known hen harrier nest sites;
	ensures that a dense cover of grass and other plants is created within the forage areas;	ensures that a dense cover of grass and other plants is created within the forage areas;	ensures that a dense cover of grass and other plants is created within the forage areas;
	agrees with the Scottish Ministers a livestock management and grazing plan;	agrees with the Scottish Ministers a livestock management and grazing plan;	agrees with the Scottish Ministers a livestock management and grazing plan;
	unless otherwise agreed with the Scottish Ministers, manages grassland with nil or light grazing with up to 0.15 livestock units per hectare from 1st May to 30th September, to produce a dense cover of grass and thatch for voles to live in;	unless otherwise agreed with the Scottish Ministers, manages grassland with nil or light grazing with up to 0.15 livestock units per hectare from 1st May to 30th September, to produce a dense cover of grass and thatch for voles to live in;	unless otherwise agreed with the Scottish Ministers, manages grassland with nil or light grazing with up to 0.15 livestock units per hectare from 1st May to 30th September, to produce a dense cover of grass and thatch for voles to live in;
	does not apply fertiliser, slurry or farmyard manure to the managed area;	does not apply fertiliser, slurry or farmyard manure to the managed area;	does not apply fertiliser, slurry or farmyard manure to the managed area;
	does not apply pesticides except with the prior written agreement of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of invasive non-native species;	does not apply pesticides except with the prior written agreement of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of invasive non-native species;	does not apply pesticides except with the prior written agreement of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of invasive non-native species;
	does not carry out supplementary livestock feeding on the site; and	does not carry out supplementary livestock feeding on the site; and	does not carry out supplementary livestock feeding on the site; and
	where new grassland sward is being created, sows the site with a low productivity grass and herb mix agreed with the Scottish Ministers and uses seeds of local origin wherever possible.	where new grassland sward is being created, sows the site with a low productivity grass and herb mix agreed with the Scottish Ministers and uses seeds of local origin wherever possible.	where new grassland sward is being created, sows the site with a low productivity grass and herb mix agreed with the Scottish Ministers and uses seeds of local origin wherever possible.
	(4)For element A(c), beneficiaries with areas managed under the “creation and management of rough grassland on unimproved grass” option of the Orkney Hen Harrier Scheme are not eligible until contracts under that Scheme have expired.	(4)For element A(c), beneficiaries with areas managed under the “creation and management of rough grassland on unimproved grass” option of the Orkney Hen Harrier Scheme are not eligible until contracts under that Scheme have expired.	(4)For element A(c), beneficiaries with areas managed under the “creation and management of rough grassland on unimproved grass” option of the Orkney Hen Harrier Scheme are not eligible until contracts under that Scheme have expired.
	(5)For element B beneficiaries must maintain the rough vegetation for vole habitat and must not graze the area except in exceptional circumstances where a light grazing regime has been agreed with the Scottish Ministers.	(5)For element B beneficiaries must maintain the rough vegetation for vole habitat and must not graze the area except in exceptional circumstances where a light grazing regime has been agreed with the Scottish Ministers.	(5)For element B beneficiaries must maintain the rough vegetation for vole habitat and must not graze the area except in exceptional circumstances where a light grazing regime has been agreed with the Scottish Ministers.
80.Open grazed grassland	(1)This is a 5 year commitment.	(1)This is a 5 year commitment.	(1)This is a 5 year commitment.	£93.72 per hectare per year
management for chough	(2)A beneficiary is eligible for payment under this option for farm land on in-bye rotational grassland, permanent grassland, coastal grassland and heath on free draining or sandy soils in the Argyll Islands or in Wigtownshire, which is subject to year round or seasonal grazing, if the beneficiary—	(2)A beneficiary is eligible for payment under this option for farm land on in-bye rotational grassland, permanent grassland, coastal grassland and heath on free draining or sandy soils in the Argyll Islands or in Wigtownshire, which is subject to year round or seasonal grazing, if the beneficiary—	(2)A beneficiary is eligible for payment under this option for farm land on in-bye rotational grassland, permanent grassland, coastal grassland and heath on free draining or sandy soils in the Argyll Islands or in Wigtownshire, which is subject to year round or seasonal grazing, if the beneficiary—
	manages grazing land to benefit chough by providing them with the conditions essential for them to breed successfully;	manages grazing land to benefit chough by providing them with the conditions essential for them to breed successfully;	manages grazing land to benefit chough by providing them with the conditions essential for them to breed successfully;
	agrees with the Scottish Ministers a grazing plan setting out a livestock management and grazing regime;	agrees with the Scottish Ministers a grazing plan setting out a livestock management and grazing regime;	agrees with the Scottish Ministers a grazing plan setting out a livestock management and grazing regime;
	includes in the grazing plan the supplementary feeding methods for the livestock including the feeding location and how the feeding will be carried out to ensure that livestock graze the whole unit;	includes in the grazing plan the supplementary feeding methods for the livestock including the feeding location and how the feeding will be carried out to ensure that livestock graze the whole unit;	includes in the grazing plan the supplementary feeding methods for the livestock including the feeding location and how the feeding will be carried out to ensure that livestock graze the whole unit;
	maintains an open sward on the site;	maintains an open sward on the site;	maintains an open sward on the site;
	maintains an open sward on the site;	maintains an open sward on the site;	maintains an open sward on the site;
	allows cattle and/or sheep to graze throughout the year or during specific times identified in the grazing plan;	allows cattle and/or sheep to graze throughout the year or during specific times identified in the grazing plan;	allows cattle and/or sheep to graze throughout the year or during specific times identified in the grazing plan;
	manages the sward to create a variable height of more than 1 cm and up to 13cm which can include areas of sparse vegetation except when the field is closed off for silage production when the sward may exceed 13cm;	manages the sward to create a variable height of more than 1 cm and up to 13cm which can include areas of sparse vegetation except when the field is closed off for silage production when the sward may exceed 13cm;	manages the sward to create a variable height of more than 1 cm and up to 13cm which can include areas of sparse vegetation except when the field is closed off for silage production when the sward may exceed 13cm;
	includes in the grazing plan the timing of any grazing breaks;	includes in the grazing plan the timing of any grazing breaks;	includes in the grazing plan the timing of any grazing breaks;
	ensures the ground surface is visible and free from a build up of matted vegetation;	ensures the ground surface is visible and free from a build up of matted vegetation;	ensures the ground surface is visible and free from a build up of matted vegetation;
	treats livestock where necessary with non-Avermectin based drugs unless otherwise advised by a veterinary surgeon and with the agreement of the Scottish Ministers;	treats livestock where necessary with non-Avermectin based drugs unless otherwise advised by a veterinary surgeon and with the agreement of the Scottish Ministers;	treats livestock where necessary with non-Avermectin based drugs unless otherwise advised by a veterinary surgeon and with the agreement of the Scottish Ministers;
	cuts silage on or before 20th June; and	cuts silage on or before 20th June; and	cuts silage on or before 20th June; and
	does not apply pesticides to the managed area except with the prior written agreement of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of invasive non-native species.	does not apply pesticides to the managed area except with the prior written agreement of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of invasive non-native species.	does not apply pesticides to the managed area except with the prior written agreement of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of invasive non-native species.
	(3)The same field need not be managed each year but the beneficiary must provide details of the fields to be rotated in this way, their location and areas at the application stage. If, during the relevant period, a different rotation to that originally agreed is approved by the Scottish Ministers, the area upon which the annual management payment is calculated will be restricted to either the area originally approved or the revised area, whichever is smaller.	(3)The same field need not be managed each year but the beneficiary must provide details of the fields to be rotated in this way, their location and areas at the application stage. If, during the relevant period, a different rotation to that originally agreed is approved by the Scottish Ministers, the area upon which the annual management payment is calculated will be restricted to either the area originally approved or the revised area, whichever is smaller.	(3)The same field need not be managed each year but the beneficiary must provide details of the fields to be rotated in this way, their location and areas at the application stage. If, during the relevant period, a different rotation to that originally agreed is approved by the Scottish Ministers, the area upon which the annual management payment is calculated will be restricted to either the area originally approved or the revised area, whichever is smaller.
81.Upland habitat management plan	(1)This is a commitment not exceeding 6 years.	(1)This is a commitment not exceeding 6 years.	(1)This is a commitment not exceeding 6 years.	Site assessment: 100% of actual costs
81.Upland habitat management plan	(2)A beneficiary is eligible for payment under this option if the beneficiary—	(2)A beneficiary is eligible for payment under this option if the beneficiary—	(2)A beneficiary is eligible for payment under this option if the beneficiary—
81.Upland habitat management plan				Upland habitat management plan (including annual reviews):
81.Upland habitat management plan	where necessary assesses the site, and prepares an upland habitat management plan for upland within or affecting designated SSSI, SAC and SPA sites which are at risk from negative deer or livestock impacts;	where necessary assesses the site, and prepares an upland habitat management plan for upland within or affecting designated SSSI, SAC and SPA sites which are at risk from negative deer or livestock impacts;	where necessary assesses the site, and prepares an upland habitat management plan for upland within or affecting designated SSSI, SAC and SPA sites which are at risk from negative deer or livestock impacts;	Upland habitat management plan (including annual reviews):
	submits the upland habitat management plan to the Scottish Ministers for approval within a period of 12 months of the commencement of the commitment; and	submits the upland habitat management plan to the Scottish Ministers for approval within a period of 12 months of the commencement of the commitment; and	submits the upland habitat management plan to the Scottish Ministers for approval within a period of 12 months of the commencement of the commitment; and	Deer only: 100% of actual costs up to a
	submits the upland habitat management plan to the Scottish Ministers for approval within a period of 12 months of the commencement of the commitment; and	submits the upland habitat management plan to the Scottish Ministers for approval within a period of 12 months of the commencement of the commitment; and	submits the upland habitat management plan to the Scottish Ministers for approval within a period of 12 months of the commencement of the commitment; and	maximum of £64, 383.56
	begins implementing the upland habitat management plan within a period of 13 months of commencement of the commitment under this option.	begins implementing the upland habitat management plan within a period of 13 months of commencement of the commitment under this option.	begins implementing the upland habitat management plan within a period of 13 months of commencement of the commitment under this option.	Deer and livestock: 100% of actual costs up to a maximum of £64,383.56
	(3)Support will be available where—	(3)Support will be available where—	(3)Support will be available where—	Livestock only: 100% actual costs, minimum of £600 up to a maximum of £1600
	in the opinion of the Scottish Ministers the areas to be managed are large, have complex management issues or where collaboration by other land managers is required; and	in the opinion of the Scottish Ministers the areas to be managed are large, have complex management issues or where collaboration by other land managers is required; and	in the opinion of the Scottish Ministers the areas to be managed are large, have complex management issues or where collaboration by other land managers is required; and	Livestock only: 100% actual costs, minimum of £600 up to a maximum of £1600
				Costs of land managers’ own time are not eligible.
	either head (i) or head (ii) applies—	either head (i) or head (ii) applies—	either head (i) or head (ii) applies—	Costs of land managers’ own time are not eligible.
	this head applies where either or both (aa) or (bb) below applies—	this head applies where either or both (aa) or (bb) below applies—	this head applies where either or both (aa) or (bb) below applies—	Habitat impact assessment in Year 3
	this head applies where either or both (aa) or (bb) below applies—	this head applies where either or both (aa) or (bb) below applies—	this head applies where either or both (aa) or (bb) below applies—	of implementation: 100% of actual costs
	deer management can be used to maintain or bring into favourable condition the upland features that are affected by grazing impacts;	deer management can be used to maintain or bring into favourable condition the upland features that are affected by grazing impacts;	deer management can be used to maintain or bring into favourable condition the upland features that are affected by grazing impacts;
	deer are present, and in the opinion of the Scottish Ministers, the proposed upland habitat management plan considers whole deer ranges/livestock hefts are sufficient to enable the delivery of option objectives and in the opinion of the Scottish Ministers there is no requirement for compulsory management measures; or	deer are present, and in the opinion of the Scottish Ministers, the proposed upland habitat management plan considers whole deer ranges/livestock hefts are sufficient to enable the delivery of option objectives and in the opinion of the Scottish Ministers there is no requirement for compulsory management measures; or	deer are present, and in the opinion of the Scottish Ministers, the proposed upland habitat management plan considers whole deer ranges/livestock hefts are sufficient to enable the delivery of option objectives and in the opinion of the Scottish Ministers there is no requirement for compulsory management measures; or	Open range deer count, if required, in Year 3 or early Year 4 of implementation: 100% of actual costs.
	livestock only management can be used to maintain or bring into favourable condition the upland features that are affected by impact of grazing.	livestock only management can be used to maintain or bring into favourable condition the upland features that are affected by impact of grazing.	livestock only management can be used to maintain or bring into favourable condition the upland features that are affected by impact of grazing.
	(4)The upland habitat management plan must—	(4)The upland habitat management plan must—	(4)The upland habitat management plan must—
	provide an audit of the condition of the upland site and identify how the impact of deer and/or livestock will be minimised;	provide an audit of the condition of the upland site and identify how the impact of deer and/or livestock will be minimised;	provide an audit of the condition of the upland site and identify how the impact of deer and/or livestock will be minimised;
	address in an integrated manner the impacts of all grazing animals on the condition of the special features of the site, including deer and livestock;	address in an integrated manner the impacts of all grazing animals on the condition of the special features of the site, including deer and livestock;	address in an integrated manner the impacts of all grazing animals on the condition of the special features of the site, including deer and livestock;
	comply with technical guidance for upland habitat management plans and where deer are present, with SNH Best Practice Guidance on Deer Management Plans[^f00012];	comply with technical guidance for upland habitat management plans and where deer are present, with SNH Best Practice Guidance on Deer Management Plans[^f00012];	comply with technical guidance for upland habitat management plans and where deer are present, with SNH Best Practice Guidance on Deer Management Plans[^f00012];
	detail which habitats are to be assessed and ensure sampling for these assessments is stratified by management units;	detail which habitats are to be assessed and ensure sampling for these assessments is stratified by management units;	detail which habitats are to be assessed and ensure sampling for these assessments is stratified by management units;
	include achievable targets for enhancing the condition of key habitats within the implementation period of 5 years of the upland habitat management plan;	include achievable targets for enhancing the condition of key habitats within the implementation period of 5 years of the upland habitat management plan;	include achievable targets for enhancing the condition of key habitats within the implementation period of 5 years of the upland habitat management plan;
	be supported by survey and monitoring information and must be reviewed and updated at the end of each of the first 4 years of the implementation period. In the case of annual deer culls, the review must take place after the cull and by 30th April;	be supported by survey and monitoring information and must be reviewed and updated at the end of each of the first 4 years of the implementation period. In the case of annual deer culls, the review must take place after the cull and by 30th April;	be supported by survey and monitoring information and must be reviewed and updated at the end of each of the first 4 years of the implementation period. In the case of annual deer culls, the review must take place after the cull and by 30th April;
	take account of its likely impact on neighbouring land and any aspects of neighbouring land that might affect its delivery;	take account of its likely impact on neighbouring land and any aspects of neighbouring land that might affect its delivery;	take account of its likely impact on neighbouring land and any aspects of neighbouring land that might affect its delivery;
	within a deer range which includes areas of woodland linked to open range areas, take the impacts of deer on the woodland habitats into account. Plans prepared under option62 for adjacent woodland must also be taken into account; and	within a deer range which includes areas of woodland linked to open range areas, take the impacts of deer on the woodland habitats into account. Plans prepared under option62 for adjacent woodland must also be taken into account; and	within a deer range which includes areas of woodland linked to open range areas, take the impacts of deer on the woodland habitats into account. Plans prepared under option62 for adjacent woodland must also be taken into account; and
	include a timetable for preparation and implementation of the upland habitat management plan.	include a timetable for preparation and implementation of the upland habitat management plan.	include a timetable for preparation and implementation of the upland habitat management plan.
	(5)Where deer and/or livestock have free range across management unit boundaries or where livestock and deer management are carried out on the same management unit and neighbouring land managers wish to collaborate they must—	(5)Where deer and/or livestock have free range across management unit boundaries or where livestock and deer management are carried out on the same management unit and neighbouring land managers wish to collaborate they must—	(5)Where deer and/or livestock have free range across management unit boundaries or where livestock and deer management are carried out on the same management unit and neighbouring land managers wish to collaborate they must—
	establish a forum to consult and agree objectives and actions;	establish a forum to consult and agree objectives and actions;	establish a forum to consult and agree objectives and actions;
	establish a forum to consult and agree objectives and actions;	establish a forum to consult and agree objectives and actions;	establish a forum to consult and agree objectives and actions;
	consult SNH to ensure the upland range being targeted is biologically viable;	consult SNH to ensure the upland range being targeted is biologically viable;	consult SNH to ensure the upland range being targeted is biologically viable;
	ensure the upland habitat management plan includes measures to manage the impact of grazing and trampling over the collaborative area, is prepared by a consultant and provides an overview of how deer and livestock impacts will be managed over the collaborative management area and includes individual plans for each land holding; and	ensure the upland habitat management plan includes measures to manage the impact of grazing and trampling over the collaborative area, is prepared by a consultant and provides an overview of how deer and livestock impacts will be managed over the collaborative management area and includes individual plans for each land holding; and	ensure the upland habitat management plan includes measures to manage the impact of grazing and trampling over the collaborative area, is prepared by a consultant and provides an overview of how deer and livestock impacts will be managed over the collaborative management area and includes individual plans for each land holding; and
	divide the costs of preparing the overview among forum participants with each land manager liable for the cost of the plan for their own holding.	divide the costs of preparing the overview among forum participants with each land manager liable for the cost of the plan for their own holding.	divide the costs of preparing the overview among forum participants with each land manager liable for the cost of the plan for their own holding.
	(6)Where deer are present, the beneficiary must carry out a habitat impact assessment in the third year of implementing the upland habitat management plan.	(6)Where deer are present, the beneficiary must carry out a habitat impact assessment in the third year of implementing the upland habitat management plan.	(6)Where deer are present, the beneficiary must carry out a habitat impact assessment in the third year of implementing the upland habitat management plan.
	(7)Where the habitat impact assessment indicates that the deer management must be adjusted to meet targets, the beneficiary must carry out a deer count by helicopter in the third year or early in the fourth year of implementing the plan to inform changes to the upland habitat management plan in the fourth and fifth year of the implementation period.	(7)Where the habitat impact assessment indicates that the deer management must be adjusted to meet targets, the beneficiary must carry out a deer count by helicopter in the third year or early in the fourth year of implementing the plan to inform changes to the upland habitat management plan in the fourth and fifth year of the implementation period.	(7)Where the habitat impact assessment indicates that the deer management must be adjusted to meet targets, the beneficiary must carry out a deer count by helicopter in the third year or early in the fourth year of implementing the plan to inform changes to the upland habitat management plan in the fourth and fifth year of the implementation period.
	(8)Where the habitat impact assessment indicates that a deer count may not be required, the beneficiary must notify the Scottish Ministers before 30th September and the Scottish Ministers may decide that the beneficiary does not need to undertake a deer count by helicopter.	(8)Where the habitat impact assessment indicates that a deer count may not be required, the beneficiary must notify the Scottish Ministers before 30th September and the Scottish Ministers may decide that the beneficiary does not need to undertake a deer count by helicopter.	(8)Where the habitat impact assessment indicates that a deer count may not be required, the beneficiary must notify the Scottish Ministers before 30th September and the Scottish Ministers may decide that the beneficiary does not need to undertake a deer count by helicopter.
	(9)The habitat impact assessment and the deer count by helicopter must comply with the SNH Best Practice guidance[^f00013].	(9)The habitat impact assessment and the deer count by helicopter must comply with the SNH Best Practice guidance[^f00013].	(9)The habitat impact assessment and the deer count by helicopter must comply with the SNH Best Practice guidance[^f00013].
	(10)The beneficiary may enter into different contracts for each element of the upland habitat management plan and is responsible for managing the contracts. Applications for aid must be supported by quotes in accordance with programme guidance.	(10)The beneficiary may enter into different contracts for each element of the upland habitat management plan and is responsible for managing the contracts. Applications for aid must be supported by quotes in accordance with programme guidance.	(10)The beneficiary may enter into different contracts for each element of the upland habitat management plan and is responsible for managing the contracts. Applications for aid must be supported by quotes in accordance with programme guidance.

SCHEDULE 2 — SUBSTITUTION OF TABLE D IN PART 2 OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

Column 1	Column 2
Item	Standard Cost
Fell/extract dangerous trees	£200 per tree
Manual brashing	£0.35 per tree
High pruning	£1.30 per tree
Badger gates installed in fence lines which are cutting across an established badger run	£110 per gate
Respace natural regeneration	£600 per hectare
Early pruning of trees	£375 per hectare
High pruning of trees	£660 per hectare
Woodland thinning	£520 per hectare
Removal of tree crop to waste 3-6 metres high	£1,100 per hectare
Woodland clearance - felling of waste	£975 per hectare
Woodland clearance - felling and extraction	£1375 per hectare
Seedling tree removal	£35 per hectare
Chipping/mulching of tree debris and brash	£500 per hectare
Restructuring with Caledonian Scots pine	£411.64 per hectare
Restructuring with diverse conifers	£411.64 per hectare
Restructuring with mixed broadleaves	£1,030.14 per hectare
Restructuring with native broadleaves	£1,100 per hectare
Restructuring with mixed conifer and broadleaves	£595.89 per hectare
Woodland deer impact reduction	£30 per hectare for deer control during the first 5 years of a Deer Management Plan
Forest plan preparation	£20 per hectare for first 200 hectares, £5 per hectare thereafter with a minimum payment of £400 and a maximum payment of £15,000
Dead wood management	£40 per hectare
Stock fence	£4 per metre
Enhancing/modifying a stock fence in black grouse and capercaillie core areas	£2 per metre
New deer fence	£7.25 per metre
Upgrading stock to deer fence	£2.75 per metre
Scare or temporary fencing	£1.50 per metre
Rabbit proofing – existing or new stock/deer fence	£1.90 per metre
Enhancing/modifying a deer fence in black grouse and capercaillie core areas	£5 per metre
Conversion of deer fence to stock fence in black grouse and capercaillie core areas	£2 per metre
Fence removal	£2 per metre
Gate for stock fence	£100 each
Gate for deer fence	£170 each
Ditch/drain blocking with plastic piling dams: Small ditches (up to 0.5 metres wide and deep)	£60 per dam
Ditch/drain blocking with plastic piling dams: Medium ditches (between 0.5 and 1 metre wide and deep)	£120 per dam
Ditch/drain blocking with plastic piling dams: Large ditches (between 1 and 2 metres wide and 0.5 and 1 metre deep)	£280 per dam
Peat dam	£0.26 per metre of drain or furrow blocked with peat dams. Minimum payment £300
Small scale tree and shrub planting (on a site not exceeding 0.25 hectares)	£2 per tree or shrub
Provision of bat and bird boxes	£15 per box
Primary treatment of bracken	£200/hectare of infested land
Eradication of scrub/woody vegetation: Light vegetation	£600/hectare
Eradication of scrub/woody vegetation: Intermediate vegetation	£850/hectare
Eradication of scrub/woody vegetation: Heavy vegetation	£1250/hectare
Removal from site of the cut shrub/woody vegetation: Light vegetation	£500/hectare
Removal from site of the cut shrub/woody vegetation: Intermediate vegetation	£1050/hectare
Removal from site of the cut shrub/woody vegetation: Heavy vegetation	£1450/hectare
Provision of water troughs to replace traditional watering points	£195 each
Installation of water supply pipe to water trough or pasture pump	£3 per metre of pipe laid
Water trough pump: cattle operated pasture or nose pump	£180 per installed pump
Stock bridge for bog management: Small bridge Large bridge (for ditch wider than 1.5 metres)	£170 per bridge £620 per bridge
Heather management (in black grouse and Capercaillie core areas)	£250/hectare
Manual eradication of rhododendron: Light infestation/easy access Medium infestation/access Difficult access	£4,500 per hectare of infested land £6,100 per hectare of infested land £9,500 per hectare of infested land
Mechanised eradication of rhododendron: Light infestation/easy access Medium infestation/access Difficult access	£1,800 per hectare of infested land £2,400 per hectare of infested land £2,900 per hectare of infested land
Chemical eradication of rhododendron by foliar or stem injection	£1,500 per hectare of infested land
Self-closing/kissing gate for non-vehicular access	£350 each
Stile	£55 each
Building/restoring drystane or flagstone dykes	£17.50 per square metre

Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 14th February 2011

Explanatory note

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Footnotes

[^f00001]: 1972 c.68. Section2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule8, paragraph15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section53 of the 1998 Act.

[^f00002]: S.S.I. 2008/100 as amended by S.S.I. 2008/233, 2009/1, 2009/233, 2009/335, 2009/411, 2010/87, 2010/222 and 2010/322.

[^f00003]: O.J. L 316, 2.12.2009, p.65 as amended by Commission Regulation (EU) No 146/2010, O.J. L 47, 24.2.2010, p. 1.

[^f00004]: O.J. L 25, 28.1.2011, p.8.

[^f00005]: S.I. 2009/3263.

[^f00006]: S.S.I. 2010/273 as amended by S.S.I. 2011/73.

[^f00007]: S.S.I. 2008/298, as amended by S.S.I.2008/394 and 2009/447.

[^f00008]: Diversionary Feeding of Hen Harriers on Grouse Moors was published by SNH and is available online at www.snh.org.uk or by contacting Great Glen House, Leachkin Road, Inverness, IV3 8NW.

[^f00009]: 1979 c.46.

[^f00010]: S.I.1994/1055, as relevantly amended by S.I. 1994/1137, 1995/288 and 1950, 1996/593, 634, 916, 972, 973 and 1279, 1997/2203, 1998/606 and 2746, and S.S.I. 2000/323 and 235, 2003/170, 171 and 593, 2004/275, 2005/22, 2006/128 and 541, 2007/172 and 251.

[^f00011]: S.S.I. 2008/298, as amended by S.S.I. 2008/394 and 2009/447.

[^f00012]: This guidance is available online http://www.bestpracticeguides.org.uk/planning_dmps.aspx or by contacting Great Glen House, Leachkin Road, Inverness, IV3 8NW.

[^f00013]: The guidance is available at www.bestpracticeguides.org.uk/siteindex.aspx.

Amendment to option 10 (improving the economic value of forests)

Amendment to option 16 (wild bird seed mix/unharvested crop)

Amendment to option 17 (management of mown grassland for wildlife)

Amendment to option 18 (management of mown grassland for corn buntings)

Amendment to option 21 (creation and management of early and late cover for corncrakes)

Amendment to option 22 (management of early and late cover for corncrakes)

Amendment to option 23 (management of open grazed or wet grassland for wildlife)

Amendment to option 24 (mammal and bird control)

Amendment to option 25 (supplementary food provision for raptors)

Amendment to option 27 (control of invasive non-native species)

Amendment to option 28 (management of species rich grassland)

Amendment to option 30 (creation and management of species rich grassland)

Amendment to option 31 (management of habitat mosaics)

Amendment to option 32 (management of wetland)

Amendment to option 33 (creation, restoration and management of wetland)

Amendment to option 34 (management/restoration of lowland raised bogs)

Amendment to option 35 (creation and management of water margins and enhanced riparian buffer areas)

Amendment to option 37 (management of buffer areas for fens and lowland raised bogs)

Amendment to option 38 (management of coastal or serpentine heath)

Amendment to option 41 (management of moorland grazing)

Amendment to option 43 (moorland stock disposal)

Amendment to option 47 (management of hedgerows)

Amendment to option 48 (management of extended hedges)

Amendment to option 49 (management of grass margins and beetlebanks in arable fields)

Amendment to option 50 (bio-diversity cropping on in-bye)

Amendment to option 51 (management of cropped machair)

Amendment to option 52 (management of ancient wood pasture)

Amendment to option 53 (management of scrub and tall herb communities)

Amendment to option 54 (arable reversion to grassland)

Amendment to option 60 (woodland creation)

Amendment to option 61 (sustainable management of forests and woodlands)

Amendment to option 66 (information and awareness raising)

Amendment to option 70 (active management to improve the condition of vernacular rural buildings, archaeological or historic sites and historic landscapes)

Amendment to option 74 (removal of vegetation/debris from SSSI sites notified for their geological features)

Amendment to option 75 (erosion control)

Amendment to option 77 (capital works required for SSSI and European Site features which enhance the public amenity value of those features)

Amendment to option 78 (controlled livestock grazing of woodland)

Editorial notes

[^key-bbbd84a6f5795c6132aa9a7ef6f9140d]: Regulations revoked (12.6.2015) by The Rural Development (Scotland) Regulations 2015 (S.S.I. 2015/192), reg. 1(1), sch. (with reg. 22(2))

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