Section 6 - Changes to your agreement
- 6-1 - Can I make changes to my agreement?
- 6-2 - What if I let, sell or transfer my land?
- 6-3 - Can I add land to my agreement?
- 6-4 - Derogations
6.1 Can I make changes to my agreement?
Hopefully you will be able to carry out the options and management required under your agreement without any difficulty. However, the situation may arise where you may need to change the choice or location of your chosen options due to an unforeseen and serious situation arising (e.g. flooding, severe and prolonged weed infestation). An amendment may be made to your agreement in such a situation. It is important that there is continuity of management during your agreement if the environmental benefits are to be achieved. Amendments are therefore only intended to be used for changes which are absolutely necessary.
You must inform RDS about your proposed amendment before you make any changes to your options. Your amendment will not be valid until you have received a letter from your RDS office giving consent to the amendment.
We would not expect to amend an agreement more than once during its five year term. If you think you need to amend your agreement you must contact your RDS office to request an amendment request form (ERDP/LTA1). Once an amendment has been made, further amendments are only permitted in very exceptional circumstances (referred to as 'force majeure', see section 7.4).
6.2 What if I let, sell or transfer my land?
Please notify your RDS office as early as possible in advance of any change in occupancy or ownership (including by sale, transfer, inheritance or lease) of any part of your land. Your RDS office will send you a form (ERDP/LTA1) to amend your agreement to reflect the changes made.
You should tell the new occupier about the agreement before transfer. It is in your interest to encourage the new occupier to take on any commitment relating to the transferred land, in order to ensure continuity of environmental management. If they do not agree to do this, you (not the new occupier) will be in breach of your agreement and you are likely to have to repay the grant you have received.
6.3 Can I add land to my agreement?
You can add land to your agreement if you acquire land through a sale, transfer, inheritance or lease. Please contact your RDS office who will send you the necessary form to amend your agreement to reflect the changes made.
6.4 Derogations
A derogation is required where a minor and temporary change from the agreed management requirements is needed on a single occasion. These may involve permission to control serious weed infestations using herbicides, relaxation from time-based requirements, or requests to change cutting or cultivating requirements due to practical problems.
If such a derogation is required, you should contact RDS to request a derogation notice form (ERDP/ELS/OELS/2) or download from the Defra website. You must complete this form providing the following information, and return it to RDS:
- Why the derogation is needed.
- What exactly the proposed course of action is (including precise location details, choice of pesticide and pesticide application rate where relevant).
- Confirmation that the situation was unforeseen and that other solutions which are within the allowed management requirements have been considered.
- Countersignature by an independent third party to confirm that the request is reasonable, will not compromise the objectives of the agreement and is the most appropriate response in the situation concerned (see section 6.4.1 below).
You must inform RDS about your proposed derogation before you make any changes to your management.
You may go ahead with the proposed changes to management as soon as you have returned the derogation notice form to RDS.
As a guide, we would not expect to see more than three derogations during the course of a five-year agreement.
The derogation notice form will be kept by RDS and all details, including those of the countersigning adviser, will be checked during any compliance inspection.
6.4.1 Countersigning derogation notice forms
When the derogation involves the use of pesticides it must be countersigned by a suitably qualified independent BASIS agronomist who is trained in environmental management. This could be a private agronomist or one employed by a conservation organisation (e.g. FWAG, English Nature, RSPB).
Where the derogation does not involve the use of pesticides, other farm conservation advisers may countersign the notice form.
Page last modified:
19 May, 2005
Page published: 3 March, 2005