SAF 2017 - Check eligibility of marginal/common land and heather

Farmers’ responsibilities

This land has eligible vegetation and is clearly in agricultural use and is therefore eligible to claim Basic Payment.

As with any field, it is the farmers’ responsibility to ensure that you only claim for eligible land on the 2017 Single Application, and deduct all ineligible areas, irrespective of what is indicated on your online map. Farmers are advised to walk their land prior to making any claim.

It is often very difficult for DAERA to determine from aerial photography whether bog land and areas covered with heather are eligible and are being managed. Consequently these areas may NOT be removed from the Maximum Eligible Area (MEA) shown on your online map.

In recent years the risk of 100% penalties has significantly increased due to the inclusion of bog land and areas covered with heather which, if inspected, may be deemed ineligible.

Land is only eligible to claim direct payments if the vegetation is kept in a state suitable for grazing or cultivation as outlined in the DAERA Guide to Land Eligibility 2017.

Agricultural activity must be carried out over the entire area being claimed on a significant and consistent basis in the calendar year of the claim.

On-the-spot inspections (OTSC)

During an on-the-spot inspection (OTSC), evidence of at least one of the following agricultural activities being carried out on all of the land being claimed must be available from its appearance:

• Grazing e.g. paths made by animals, animal droppings
• Growing and harvesting a crop
• Management of the vegetation such as flailing or controlled burning of heather

Placing small numbers of animals on large areas of bog land or heather is unlikely to make these areas eligible. Similarly, the presence of animals on these areas for a short period is unlikely to make them eligible. If evidence of agricultural activity is only present on part of a field, then the remainder of the field may be ruled ineligible.

Wildfires or burning more than 20% of the heather area is not considered controlled burning and therefore is not agricultural activity. If the fire is due to a reason beyond your control, you must submit a force majeure application within 15 working days of the event for consideration.

Eligibility of land

Land being claimed must be eligible for the entire calendar year, so action undertaken after an inspection has found the land to be ineligible can only make the land eligible for the next calendar year.

You should consider very carefully about claiming areas in 2017 which do not make a significant contribution to the agricultural activity of your business, as there is a high probability that these areas are ineligible. Penalties may result with a considerable financial reduction to your claim.

Land that no longer meets the usual eligibility rules for Basic Payment Scheme (BPS) due to specific agri-environment prescriptions or management implications relating to designated sites e.g. ASSI’s may be eligible. Evidence to support this will be required before the claim can be processed.

It is important to remember the same eligibility rules apply to common land as for non-common land. There must be evidence of agricultural activity taking place across the entire common claimed otherwise deductions will be made and applied equally to each of the shareholders.

Further information

Additional information about all aspects of the land eligibility rules for 2017 Schemes including the Basic Payment Scheme, Young Farmers Payment and Areas of Natural Constraint can be found in the ‘Guide to Land Eligibility 2017’ which is available on the DAERA website.

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