CONTROVERSIAL elements of the new Common Agricultural Policy have been clarified by Defra ahead of its introduction in the New Year.

The Rural Payments Agency (RPA) has officially defined a hedge as a row of bushes on an arable farm that is at least 20 metres long. It includes a shorter row of bushes that meets other hedges at either end, hedges with gateways and gaps, and on banks.

Andrew Jamieson, agricultural advisor with H&H Land and Property, said there is no maximum width or height for a hedge - farmers can use newly planted hedges in their claims. They can also claim for hedges separated from the field if they are less than two metres away, eg if there is a ditch between the field and hedge.

Hedges are part of the Ecological Focus Area (EFA) and must comply with the official definition for farmers to claim the 30 per cent extra Greening payment alongside the new Basic Payment Scheme (BPS) from the start of next year.

Buffer strips also count as EFA features when next to a watercourse or are parallel with, or on a slope, that leads to a watercourse. They must be at least one metre wide, and the only man-made separation allowed from the watercourse is a fence.

Land used to store bales of hay, silage, straw, muck or farm machinery cannot be declared as fallow land. The EFA fallow period runs from January 1st to June 30th when farmers can use herbicides and cultivation to control weeds, sow wild bird seed mixes and carry out drainage work. Grass seed can also be sown on it as long as no agricultural production takes place, such as grazing or harvesting, until after June 30th.

Mr Jamieson said arable farmers should now know the cropping rules - the number of crops and in what proportions they must grow, to meet the greening rules. These must be in the ground during the May 1st to June 30th inspection period.

Farmers wanting to plough up or improve land that has not been cultivated for at least 15 years, must receive permission from Natural England - even if they do not claim BPS.

Those who earn income from their land for non-agricultural activities such as permanent sports and recreation grounds, airports, railway services, real estate services or waterworks are not active farmers and cannot claim BPS on that land.

Mr Jamieson said: “Who is and who is not considered an active farmer has been one of many issues up for debate. We now have a clear definition – someone who carries out an agricultural activity, including producing, rearing or growing agricultural products, harvesting, milking, breeding animals and keeping animals for farming purposes, and maintaining an agricultural area.”

He concluded: “SPS entitlements will automatically become BPS on January 1st. Active farmers can get more BPS entitlements by buying or leasing from someone else, and Young Farmers or new entrants to farming can apply for entitlements from the national reserve.

“BPS entitlements can be transferred from early 2015 with or without land. The person transferring the entitlements does not need to be an active farmer, but they need to be registered on the CAP information service. However the person receiving the entitlements must be an active farmer at the time of transfer.”