Cross-compliance pitfalls for farmers

SEVERAL farmers have been penalised for removing hedges in 2009, according to David Colbourne of Teagasc.

He told suppliers to Lakeland Dairies hedges are deemed to be wildlife features, and cannot be removed, whether a farmer is in REPS or not.

In a cross-compliance update, he said many heavily stocked farmers who had applied for nitrate derogations in 2007 were contacted by the Department of Agriculture at the end of November.

They were told they had exceeded maximum allowed chemical fertiliser levels in 2007 (chemical phosphorous was usually the issue; most cases were solvable).

Mr Colbourne explained that the department is now getting round to looking at records for the first derogation year, and said farmers must be vigilant about fertiliser records.

All farmers who applied for derogations in 2007 must submit soil sample results by 2010, for each block of land, including conacre, if it is farmed every year.

This year’s derogation applicants must submit records, including all concentrate and fertiliser receipts, before next March. They cannot cancel their applications if they find next January they are under 170kg and didn’t need a derogation. Previously, they could cancel and wouldn’t have to submit records.

All 2010 derogation applicants must submit a fertiliser plan, soil sample reports and maps before next March. Up to now, they only needed to have a fertiliser plan available for inspection. Also, derogation plans must be amended within seven days for any major farming system changes.

Mr Colbourne advised all farmers to keep an up-to-date nitrates folder with maps or copies of area aid photos, with any location where water is sourced for human consumption marked. There should be a map showing slurry tank sizes, any fertiliser or slurry plans, nitrates correspondence such as herd profiles, soil test results, slurry movements on or off the farm, and copies of concentrate and fertiliser receipts.

He also referred to the stocking rate implications of being locked up with TB. Being unable to sell stock is treated by the department as possible force majeure; therefore it is acceptable if the farm goes over 170kg or 250kg of livestock manure nitrogen without derogation – but only if the TB lock-up alters traditional farm practice such as selling cattle in a particular month.

Local authorities are also obliged to report if clean water flows into soiled water areas due to defective pipes, Mr Colbourne said.