The Environmentally Sensitive Areas (Upper Thames Tributaries) Designation Order 1994

• Citation: S.I. 1994/712
• Sections: 19

Section 1 Title and commencement

This Order may be cited as the Environmentally Sensitive Areas (Upper Thames Tributaries) Designation Order 1994 and shall come into force on 6th April 1994.

Section 2 Interpretation

(1) In this Order—

“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 2 as to public access;

“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;

“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 6 which the farmer undertakes, as part of an agreement, to implement within a period of two years;

“extensive permanent grassland” means permanent grassland which is receiving no or only minimal inputs of fertiliser, lime, slag or pesticides;

“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Minister;

“fen habitat” means an area of semi-natural vegetation which is waterlogged throughout the year;

“grassland” means land on which the vegetation consists primarily of grass species;

“livestock unit” means—

1 bovine animal more than two years old;

1.66 bovine animals from six months old to two years inclusive;

6.66 sheep;

1 horse more than six months old; or

4.35 farmed deer;

“permanent grassland” means grassland which has not been ploughed or reseeded for at least five years;

“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;

“wetland” means land which is subject to regular flooding or which is waterlogged for the greater part of the year.

(2) Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.

Section 3 Designation of environmentally sensitive area

There is hereby designated as an environmentally sensitive area the area of land in the valleys of the Upper Thames and its tributaries in the Counties of Buckinghamshire, Gloucestershire, Northamptonshire, and Oxfordshire which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of the Upper Thames Tributaries environmentally sensitive area” dated 3rd March 1994, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.

Section 4 Requirements included in an agreement

An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.

Section 5 Requirements included in an agreement

An agreement may also include the requirements as to public access specified in Schedule 2 to this Order.

Section 6 Breach of requirements

An agreement shall include provisions that—

(a) in the event of a breach by the farmer of the requirements referred to in article 4 which are included in the agreement, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;

(b) action arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.

Section 7 Rates of payment under agreement

(1) The Minister shall make payments under an agreement at the rate of £30 per annum for each hectare of permanent grassland to which the agreement relates and at the rate of £100 per annum for each hectare of extensive permanent grassland to which the agreement relates unless a higher rate is applicable in accordance with paragraph (3) below.

(2) Where an agreement includes the additional provisions specified in Schedule 2 the Minister shall make payments at the rate of £170 per annum for each hectare of access route.

(3) Where an agreement includes the additional provisions specified in Schedule 3 in relation to any wet grassland,the Minister shall make payments at the rate of £150 per annum for each hectare of that land.

(4) Where an agreement includes the additional provisions specified in either of the options in Schedule 4 in relation to any land the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table—

(5) Where an agreement includes the additional provisions specified in Schedule 5, the Minister shall make payments at the rate of £3 for each 10 metres of stockproof hedge per hectare, subject to a maximum of 50 metres of stockproof hedge per hectare and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1 which contains or is enclosed or partially enclosed by such hedges.

(6) Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 for each such plan.

Section 1

As regards all permanent grassland which is the subject of an agreement—

(1) the farmer shall maintain the land and shall not plough, level or reseed. The farmer shall not cultivate except by means of a chain harrow or roller;

(2) the farmer shall graze with livestock other than pigs or poultry but not so as to cause poaching, overgrazing or undergrazing. He shall not graze with horses except in conjunction with cattle or sheep;

(3) where the farmer cuts the grass for hay, he shall continue to do so and graze the aftermath with livestock;

(4) the farmer shall wilt and turn any grass cut for silage before removal and graze the aftermath with livestock;

(5) the farmer shall not increase existing application rates of organic or inorganic fertiliser. He shall not apply any organic fertiliser within 50 metres of a spring, well or borehole that supplies water for human consumption or within 10 metres of any watercourse;

(6) the farmer shall not apply any fungicides or insecticides;

(7) the farmer shall not apply any herbicides except to control stinging nettles, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort. Herbicides used for these purposes shall be applied by wick applicator or by spot treatment;

(8) the farmer shall dispose of sheep dip safely. He shall not spread sheep dip where it may affect areas of nature conservation value;

(9) the farmer shall not install any new land drainage system or modify any existing land drainage system so as to bring about improved drainage;

(10) the farmer shall maintain existing water levels and shall maintain watercourses and ditches (including margins and banks) for which he is responsible in rotation by mechanical means. He shall dry and spread spoil but shall not use it to infill depressions;

(11) the farmer shall retain and manage ponds, lakes, fen habtats, reeds and wetland;

(12) the farmer shall not remove any hedges or walls or any part thereof. He shall maintain stockproof hedges and walls in a stockproof condition using traditional materials. He shall not apply pesticides or fertiliser on land within 1 metre of any hedge or wall;

(13) the farmer shall retain and manage individual trees and groups of trees (including pollarded willows) for which he is responsible. He shall retain existing broadleaved woodland and shall not plant any additional trees or woodland without the Minister’s prior written approval;

(14) within two years of the start of the agreement, the farmer shall obtain from a person approved by the Minister written advice on the management of woodland and scrub;

(15) the farmer shall not damage, destroy or remove any feature of archaeological or historic interest;

(16) the farmer shall obtain from a person approved by the Minister written advice on the agricultural management of known archaeological and historic features;

(17) the farmer shall maintain any weatherproof traditional farm buildings for which he is responsible in a weatherproof condition using traditional styles and materials;

(18) the farmer shall obtain from the Minister written advice on siting, design and materials before constructing buildings or roads or before carrying out any other engineering or construction works which do not require prior notification to determination by the local planning authority under the Town and Country Planning General Development Order 1988 , or planning permission;

Section 2

As regards all extensive permanent grassland which is the subject of the agreement—

(1) the farmer shall not use a chain harrow or roller from 1st April until 30th June inclusive in any year;

(2) the farmer shall not exceed a stocking level of 0.75 livestock units per hectare from1st April until 31st May inclusive in any year;

(3) the farmer shall not top the grass or cut it for hay or silage before 1st July in any year;

(4) the farmer shall restrict supplementary feeding of livestock to areas agreed in writing in advance with the Minister;

(5) the farmer shall not apply any organic or inorganic fertiliser except farmyard manure. He shall not apply slurry, pig or poultry manure or sewage sludge. He shall not increase existing application rates of farmyard manure and in any event shall not apply more than 12.5 tonnes per hectare per year. He shall not apply farmyard manure from 1st April until 31st May inclusive in any year and outside this period shall apply it only in a single dressing;

(6) the farmer shall not apply lime, slag or any other substance designed to reduce the acidity of the soil.

Section 1

The planting of hedges and the restoration of non-stockproof hedges.

Section 2

The restoration of ponds.

Section 3

The provision of water penning structures or other works designed to control water levels.

Section 4

The provision of water supplies and fencing associated with the reintroduction of livestock for grazing.

Section 5

The restoration of ditches, fen habitats and reedbeds.

Section 6

The restoration of stone walls.

Section 7

The restoration of traditional farm buildings.

Section 8

Works to protect historical and archaeological features.

Section 9

The reintroduction of pollarding management.

Section 10

The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 2 as to public access.