1. This Agreement covers the whole of the Holding and the land ('the Agreement Land') which is shown coloured and labelled on the map of the Holding at Schedule 1 ('the Map'), all the capital works listed in Schedule 4 and those areas referred to in Schedule 7. If this Agreement is a renewal of one which expired on 30 September 2002, it also covers the capital works referred to at paragraph 3.12.
   
2. The Holding is shown edged in grey on the Map.

1. If there are any capital works to be done:
   
   1. you will complete them as set out in Schedule 4, and
      
   2. follow the timetable in Schedule 4 (but see paragraph 6 below).
      
2. You will do them as described in Schedules 2.4, 2.5 and 5.
3. Throughout the period covered by this Agreement, you will maintain them to a standard that satisfies us. This includes replacement as necessary.

1. You will allow our authorised officers or agents (e.g. from the Department's Rural Development Service (RDS)) onto the Holding to inspect or monitor the Agreement Land and/or the Holding.
   
2. This may be at any reasonable time.
   
3. If asked, you will accompany them during the inspection/monitoring, answer any questions and provide any information asked for.

3.6 Records

1. You will make, and keep, a record of all capital works or management carried out on the Agreement Land.
   
2. This includes relevant financial accounts, receipted invoices and :other documents (e.g. records of chemical applications, ploughing, harvesting etc.).
   
3. You will do so throughout the period of this Agreement and for. 2 years after it has finished.
   
4. You will allow authorised officers or agents of the Department to inspect these records.
   
5. You will let them do so within a reasonable time of their asking.
   
6. You will provide, or let them make, copies of these records. (This is for the purpose of the Department's internal auditing of its accounts, and additionally to enable the Department to fulfil its obligations under EC legislation).
   
   

3.7 Changes in ownership/occupation

1. You will tell us of any changes to who owns or occupies the Holding or the Agreement Land or any parts of the Holding or Agreement Land.
   
2. You will do this in writing.
   
3. You will do so within three months of the change (but see paragraph 3.7d and paragraph 5d below).
   
4. If the person or company taking over any of the land referred to in this Agreement does not agree to be bound by this Agreement, as appropriate, you agree to repay with interest any money you have received from us (in accordance with paragraph 5d and paragraph 10 below).
   
   

3.8 Other agreements

1. You will tell us in writing about any arrangement which applies or may apply to the Agreement Land or to any capital items covered by this Agreement.
   
2. This includes an application or claim for any other public funding or other management agreement.
   
3. You must not accept any other funding or enter into another agreement which applies to the Agreement Land or capital works covered by this Agreement without our written consent. The Scheme and EC Regulations do not permit more than one source of funding for the same activity.
   
   

3.9 Consent for alternative activities

You must tell us about, and get our written consent for, anything you propose to do on the Agreement Land which may affect the purposes of this Agreement but which is not specified in Schedules 2, 3 or 4.

3.10 Abide by Standards of Good Farming Practice Across the Holding
You must abide by standards of Good Farming Practice across the whole of your holding. This means that:-

1. You must comply with the appropriate requirements of the Forestry Act 1967, the Ancient Monuments and Archaeological Areas Act 1979, Wildlife and Countryside Act 1981, Part 111 of the Food and Environment Protection Act 1985, the Control of Pesticides Regulations 1986, the Heather and Grass etc (Burning) Regulations 1986, the Water Resources Act 1991, the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991 (as amended 1997), the Clean Air Act 1993, the Crops Residues (Burning) Regulations 1993, the Conservation (Natural Habitats etc.) Regulations 1994, the Ancient Monuments (Class Consents) Order 1994, the Plant Protection Products Regulations 1995, the Hedgerow Regulations 1997, the Groundwater Regulations 1998, and the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998;
2. You must tell us if you are convicted of an offence under any of this legislation, or are the subject of a statutory enforcement notice. Where such conviction, or the activities to which the statutory enforcement notice relates, adversely affect the objectives of this Agreement, you may be breaking this Agreement and we can take action as at Section 1 0 below;
3. You must comply with the standards of Good Farming Practice listed at Schedule 6;

   and

4. You must retain copies of the Codes of Good Agricultural Practice for the Protection of Soil, Water and Air, and any amendments, for the duration of this Agreement. The Codes are published by us (PB0617 Soil, PB0587 Water and PB0618 Air).

1. In addition to abiding by the standards of Good Farming Practice at section 3.10 above, you must also protect and maintain any traditional items and any archaeological or other features which are on the Holding.
   
2. Traditional items include walls, woodlands, hedges, hedgerow trees, ponds, wetlands, bogs, marshes, osiers and withies, ditches, dykes, rhynes, limestone pavements, cave entrances, swallow holes, sand dunes or areas of bare ground, mud flats, shingle and ungrazed saltmarsh.
   
3. Archaeological or other features include those of geological or historical interest.
   
   

3.12 Protection of capital works completed under an earlier Scheme agreement

If this Agreement replaces one which expired on 30 September 2002, you must take all reasonable care to protect, for the duration of this new Agreement, any capital works which you have completed and for which you have been paid under that earlier agreement. This also includes capital works completed as part of another Stewardship agreement now consolidated with this one.

3.13 Access

1. You will comply with sections 131, 134, 137, 146, 154, and 164 of the Highways Act 1980 as amended by the Rights of Way Act 1990.
   
2. You will keep up existing Public Rights of Way where this affects the terms of this Agreement.
   
3. You will allow any existing informal public access on the Holding to continue.
   
   

3.14 Grassland Management

1. If this Agreement contains grazing management measures, you agree to maintain your current areas of grassland as set out in Schedule 7 for the duration of this Agreement; and
2. You will be breaking this Agreement if you do not meet the requirements of Schedule 7 and we can decide to take appropriate action as set out in paragraph 10.
   
   

3.15 Publicity

For any publicity, events, information or interpretative material on the Agreement Land, you must:

1. get our written agreement
   
2. acknowledge the support of the Countryside Stewardship Scheme, as part of the England Rural Development Programme.

You also agree to information about this Agreement being made available to the
public.

3.16 Nitrate Vulnerable Zones

If you are in a Nitrate Vulnerable Zone (NVZ), and there is an overlap in the requirements of this Agreement and the NVZ Action Programme rules, you must comply with whichever requirements are the more onerous.

3.17 Changes to this Agreement as a result of European Community (IIECII) legislation

You agree to comply with any changes to this Agreement which may be necessary as a result of the requirements of EC legislation.

What we agree to do

We agree to pay you as set out in paragraph 5, Schedule 3 and any amendments to it and, if applicable, Schedule 4 on condition that:

1. you do what you agreed in paragraph 3;
   
2. you meet the payment conditions in paragraph 5.
   
   

Conditions for payment For payment to be made:

1. You must do what you agreed in paragraph 3 (we may make enquiries until satisfied that you have done so).
2. For annual management payments:
   
   1. You must send us a completed claim form each year.
      
   2. It must reach us by 31 October of the relevant year (time is of the
      essence).
      
   3. It must show details of the amounts due (as set out in Schedule 3, and
      any amendments to it, for the particular year).
      
   4. This includes claims for both land and access management.
      
   5. You must supply any other information that we ask for.
3. For capital works:
   
   1. You must send us a completed claim form when you have completed
      any capital works as set out in Schedule 4.
      
   2. It must reach us by the date shown in Schedule 4 (time is of the
      essence).
      
   3. It must show the amount due for each capital work (see Schedule 4).
      
   4. You must give us any other information relevant to the work done that we ask for.
4. You must not lose your control of the Agreement Land, or of land which has capital items on it, by:
   1. leasing or letting it
      
   2. selling it
      
   3. ending your lease on it
      
   4. disposing of it in any other way.

   but

   you will not be breaking this Agreement if you lose control of the Agreement Land, or of land which has capital items on it and, within three months of that event, the person or company taking it over from you agrees to be bound by this Agreement.
   
   

Temporary changes to this Agreement

1. We may give written permission, from time to time, for you to change temporarily what you have agreed to do under this Agreement.
   
2. This may allow you to:
   
   1. vary one or more of the prescriptions in Schedules 2-5;
      
   2. vary all or only part of a prescription.
3. The written permission will specify when You must revert to the original prescription.
   
   

Review of payment rates

1. Payments will be reviewed by us at regular intervals during the life of this Agreement.
   
2. Payments may go up or down or stay the same.
   
3. We will tell you of any changes to payments at least one month before the start of the Agreement Year in which the changes take effect.
   
4. If the annual payments for management go down, you may end this Agreement if.
   
   1. it has been in operation for at least five years;
      
   2. the total payments are less than the amount for that year set out in Schedule 3;
      
   3. you do so in writing; and
      
   4. you have not already accepted any payment at the lower rate.

Things you must not do

You will be breaking this Agreement if.

you make a false or misleading statement when

1. making an application,
   
2. giving us information about this Agreement or
   
3. making a claim for payment;
1. you do not do what you agreed in paragraph 3;
   
2. you do not meet the payment conditions in paragraph 5;
   
3. you permit anyone to do anything on the Agreement land which you are not permitted to do under this Agreement.

Access

If this Agreement provides for payments for access, you will be breaking this Agreement if we find that:

1. any part of the Agreement Land to which the public have access is unsafe
   
2. there was already public access to the Agreement Land before this Agreement was signed,
   and
   
3. we were not fully informed about this existing access.
   
   

Consequences if you break this Agreement

10.1 If you break this Agreement we can decide that:

1. you have to repay any money you have received from us;
   
2. you have to pay interest on the money for the time you had it;
   
3. you have to pay an ' additional 10% of the amount of money you received;
   
4. you will not receive any more money or may be paid a reduced amount;
   
5. the Agreement is to be ended

and you must comply with our decision.

10.2 If we decide to pay you any more money, we can delay the payments until you have done whatever we think is necessary to make good the effect of breaking this Agreement.

10.3 If we stop paying you or ask you to repay us, we may also end the Agreement by writing to you.

10.4 If you have made false statements in relation to this Agreement we can also stop you from receiving aid under any EU rural development measures, including this Scheme, for up to two years.

10.5 If you have made false statements in relation to any other EU rural development measures we can also stop paying you under this Agreement.

Unforeseeable events

If you cannot do what you agreed in paragraph 3 or fail to meet the payment conditions in paragraph 5, because of unusual or unforeseeable circumstances or because of events which could not have been avoided by reasonable action, we may decide not to impose the penalties listed at paragraph 10.
"Unforeseeable events" may include the following circumstances:

1. your death
   
2. you become unable to work long-term
   
3. you lose a large part of the Holding and you could not have foreseen this when you signed the Agreement
   
4. a severe natural disaster seriously affects agricultural land on the Holding
   
5. livestock buildings on the Holding are accidentally destroyed
   
6. an epidemic disease affects your livestock.

   but

   you must satisfy us that unforeseeable events have taken place by sending us:
   

   1. the relevant evidence
      
   2. in writing
      
   3. within ten working days of the event.

   If you die, your authorised representative must send us:
   

   1. the relevant evidence
      
   2. in writing
      
   3. within ten working days of being in a position to do so.
      
      

Resolving disputes

1. If there is a dispute between you and us about the withholding or recovery of payments and it cannot be resolved amicably, it will be considered by an independent arbiter. This person will be decided upon by agreement between you and us.
   
2. If there is no agreement as to the arbiter
   1. within 28 days after you have written to us asking for arbitration or
      
   2. within 28 days after we have written to you asking for arbitration

   you can ask, or we can ask, for a person to be nominated independently by the
   President of the Royal Institution of Chartered Surveyors under the Arbitration Act 1996.