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The Guide to Cross Compliance in England 2012 edition.pdf

The Guide to Cross Compliance in England 2012 edition.pdf

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SMR 5Habitats and species<strong>The</strong> aim of these rules is <strong>to</strong> protect species of flora and fauna. Extra rules apply if you have landdesignated as a Special Area of Conservation (SAC).A. You must not1. deliberately pick, collect, cut, uproot or destroy a wild plant of a ‘European protected species’ 1 .You will not break this rule if you are operat<strong>in</strong>g under a licence issued by Natural <strong>England</strong> <strong>to</strong>undertake authorised action, or can rely on a legal defence provided <strong>in</strong> this legislation.On land designated as a Special Area of Conservation:B. You must1. notify Natural <strong>England</strong> <strong>in</strong> writ<strong>in</strong>g of any proposal <strong>to</strong> carry out, cause or permit any specifiedoperation 2 or where a special nature conservation order applies (unless covered by the termsof a management agreement, scheme or notice) and obta<strong>in</strong> consent before start<strong>in</strong>g tha<strong>to</strong>peration;2. comply with all management notices served by Natural <strong>England</strong> and the terms of anyres<strong>to</strong>ration orders served by a court 3 .1 For a list of European protected species visit the cross compliance section of our website atrpa.defra.gov.uk/crosscompliance/appendices; conta<strong>in</strong>ed <strong>in</strong> Schedule 5 <strong>to</strong> the Conservation of Habitats andSpecies Regulations 2010 (the ‘Habitats Regulations’).2 A ‘specified operation’ is one which has been identified as likely <strong>to</strong> damage the special <strong>in</strong>terest features of thearea. This <strong>in</strong>formation forms part of the notification package for Sites of Special Scientific Interest.3 This applies where the purpose of the notice or res<strong>to</strong>ration order is <strong>to</strong> protect or res<strong>to</strong>re the special <strong>in</strong>terestfeatures of the area or otherwise res<strong>to</strong>re the land <strong>to</strong> its former condition as may be so specified.48

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