Register land to avoid penalties, farmers warned

The Farmers’ Union of Wales is warning farmers with areas of sole grazed common land to register links between their holdings and that land - or risk penalties for moving animals on their own farms.

The warning was issued today after a Welsh farmer was fined for moving animals between adjacent fields on his own farm.

The penalty, which brought to light a chance in policy regarding “CL99 land” not notified to the industry, has been branded by the FUW as “utterly ridiculous and irrational”.

While the rules relating to movements of animals to and from common land were drafted with large areas of unfenced shared grazing in mind, many Welsh farms include normal fields registered as common land - for example, because of mapping errors - that are not shared with other farmers.

A previous common-sense approach by the Welsh Government meant such land was treated as part of the farm holding and there was no requirement to report or record movements of animals between registered and unregistered fields within a farm.


But the policy change means such movements must be recorded and reported, or a link between the fields notified to Welsh Government.

The change only came to light after former FUW Denbighshire county chairman Arthur Roberts received a major penalty for failing to report and record the movement of animals over an invisible legal boundary within his own farm, part of which is registered as common land.

“The fields on this farm are no different to those on any other except that part of the land is registered as common land for historical reasons,” said Mr Roberts, who farms at Hafodty Bach, near Pentrefoelas. “None of it is shared grazing and the land in question is just a stone’s throw from the farmhouse.

“I could not believe it when we were penalised for a change in policy which meant we should have been sat in the field day and night recording the tag numbers of animals as they wondered across an invisible boundary, and reporting these movements to the authorities.”

While Mr Roberts was partially successful in his Stage 1 appeal a penalty was still applied as the Welsh Government insists he should have registered a link between the fields.

“But the Welsh Government never informed the industry of this change. I have spoken to many others who have this type of land on their farms and they know nothing about this ridiculous rule.

“I fully understand why the rules exist for movements to and from shared grazing but to introduce this as a blanket rule to cover moves between normal fields is completely irrational. Common sense has gone completely out of the window.


“It means more paperwork for everyone, more risks of unfair penalties and it could actually compromise our ability to trace animal movements in the event of a disease outbreak because movements within a farm could show up in the database as movements to a separate holding.”

FUW agricultural policy director Nick Fenwick said the policy went completely against the Welsh Government’s “Working Smarter” agenda. “We are aware of many farms where fields or parts of fields are registered as common land, often due to mapping errors.

“They are known as CL99 areas and have caused numerous problems for years but we never imagined that the Welsh Government would start treating these areas as separate holdings for the purpose of movement recording and reporting.

“We have made numerous representations to the Welsh Government since March but they are adamant that they will not reverse the policy. We are currently seeking legal advice and have asked for an urgent meeting with the Chief Vet, but in the meantime farmers should register links with all common land which forms part of their holding.

“It sounds bonkers but it could be the only way of avoiding penalties.”