Section 8 - Changes to your agreement
- 8.1 Can I make changes to my agreement?
- 8.2 What if I let, sell or transfer my land?
- 8.3 Can I add land to my agreement?
- 8.4 Derogations
8.1 Can I make changes to my agreement?
We would not expect to amend an agreement during its lifetime, particularly as most of the features needing management will have been identified by the FEP. However, in some circumstances it may be necessary to make changes to your agreement, for example if a particular management option is not delivering the required environmental outcomes. An amendment may also be made to your HLS agreement in such a genuinely unforeseen circumstance where there is no other solution to the problem. Amendments are not intended to be used for changes which are merely convenient.
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.
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.
8.2 What if I let, sell or transfer my land?
Please refer to section 6.2 of your ELS handbook or section 6.3 of your OELS handbook.
8.3 Can I add land to my agreement?
Please refer to section 6.3 of your ELS handbook or section 6.4 of your OELS handbook.
8.4 Derogations
A derogation is required where a minor and temporary change from the agreed management requirements is needed on a single occasion. This may involve permission to control serious weed infestations using herbicides, relaxation from time-based prescriptions, or changes to cutting or cultivating prescriptions due to practical problems.
If you require a derogation for any of the following:
- HLS options
- ELS or OELS options which attract an HLS payment
- ELS or OELS options on the same parcel as an HLS option
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you must obtain written approval before you make any changes to your management. A Derogation Request form may be downloaded or obtained from your RDS office. Where the derogation concerns organically managed land, you will also need to obtain your Organic Inspection Body's approval before the proposed change can be made. Your Organic Inspection Body will be required to confirm, by countersigning your Derogation Request form, that your request is compatible with organic standards. On receipt of your request, RDS may visit you to discuss the issue. You will be informed in writing whether your application for a derogation is approved or not.
The procedure for completing a Derogation Notice form for your other ELS or OELS options is explained at section 6.4 of your ELS handbook or section 6.5 of your OELS handbook.
Page last modified:
30 June, 2005
Page published: 3 March, 2005