The Environmentally Sensitive Areas (Shetland Islands) Designation (Amendment) Order 1996

• Citation: S.I. 1996/1965
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Environmentally Sensitive Areas (Shetland Islands) 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 (Shetland Islands) Designation Order 1993 .

Section 2 Amendment of the principal Order

In article 2(1) of the principal Order (interpretation) for the definition of “wetlands” there shall be substituted the following:–

“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

For article 6(2) of the principal Order (rates of payment under agreement with any crofter or farmer) there shall be substituted–

(2) Payments to a crofter or farmer shall be at the rate of not less than–

(a) £150 per annum for the year of any such agreement which commenced but which had not ended before 15th August 1996; and

(b) £250 per annum for any year of such agreement commencing on or after that date.

Section 4 Amendment of the principal Order

For article 7(2) of the principal Order (rates of payment under agreement with a common grazings committee) there shall be substituted–

(2) Payments to a common grazings committee shall be at the rate of not less than–

(a) £150 per annum for the year of any such agreement which commenced but which had not ended before 15th August 1996; and

(b) £250 per annum for any year of such agreement commencing on or after that date.

Section 5 Amendment of the principal Order

In article 8 of the principal Order (payments to a crofter or farmer for additional agricultural 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 of £20,000 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 £3,000 per annum per crofter, or farmer for that year; and

for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £4,000 by the number of those whole years or remaining whole years.

Section 6 Amendment of the principal Order

In article 9 of the principal Order (payments to a common grazings committee for additional agricultural 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 £60,000 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 £12,000 per annum per common grazings committee for that year; and

for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £12,000 by the number of those whole years or remaining whole years.

Section 7 Amendment of the principal Order

In the Schedule to the principal Order in paragraph 12 of Part I (requirements to be included in an agreement with a crofter or farmer) and in paragraph 12 of Part II (requirements to be included in an agreement with a common grazings committee) for the word “Scheme” there shall be substituted the word “agreement”.