The Environmentally Sensitive Areas (Cairngorms Straths) Designation (Amendment) Order 1996

• Citation: S.I. 1996/1963
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Environmentally Sensitive Areas (Cairngorms Straths) Designation (Amendment) Order 1996 and shall come into force on 15th August 1996.

(2) In this Order–

“the principal Order ” means the Environmentally Sensitive Areas (Cairngorms Straths) Designation Order 1993 .

Section 2 Amendment of the principal Order

In article 2(1) of the principal Order (interpretation)–

(a) the definition of “enclosed land” shall be omitted;

(b) after the definition of “herb rich unimproved grassland” there shall be inserted–

“inbye land” means that part of a farm not comprising the hill and rough grazings, the bulk of which is used for arable and grassland production;

(c) for the definition of “wetlands” there shall be substituted the following definition:–

“wetlands” means ground which does not constitute rough grazings and is saturated with water for a significant proportion of the year.

Section 3 Amendment of the principal Order

In article 6(1) of the principal Order (rates of payment under agreement) for the word “enclosed” there shall be substituted “inbye”.

Section 4 Amendment of the principal Order

In article 7 of the principal Order (payments for additional farming operations) for the words “Such payments” to the end there shall be substituted–

Such payments shall be at a rate to be determined by the Secretary of State–

in the case of an agreement entered into on or after 15th August 1996, up to a maximum rate of £35,000 for each 5 year conservation plan; and

in the case of an agreement entered into before that date–

for the year of the 5 year conservation plan included in such agreement which commenced but which had not ended before that date, up to a maximum rate of £130 per annum for each hectare of land to which the agreement relates, or at the rate of £4,000 per annum per individual farm business, whichever is the lowest; and

for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £7,000 by the number of those whole years or remaining whole years.

Section 5 Amendment of the principal Order

In paragraph 10 of the Schedule to the principal Order (requirements to be included in an agreement) for the word “Scheme” there shall be substituted the word “agreement”.