The Environmentally Sensitive Areas (The Broads) Designation Order 1997

• Citation: S.I. 1997/1440
• Sections: 29

Section 1 Title and commencement

This Order may be cited as the Environmentally Sensitive Areas (The Broads) Designation Order 1997 and shall come into force on 1st July 1997.

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 referred to in article 5(3);

“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” has the meaning given to it in article 5(5);

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

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

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

“strip”, except in the definition of “access route”, means a strip of land at least six metres wide located at the edge of a field and used for the production of arable crops and which adjoins an open drainage channel.

(2) Any reference in this Order to a numbered article or Schedule (with no corresponding reference to a specific instrument) is 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 Broads in the Counties of Norfolk and Suffolk which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of The Broads Environmentally Sensitive Area” dated 4th June 1997 signed by the Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, at Nobel House, 17 Smith Square, London SW1P 3JR.

Section 4 Requirements and provisions of agreement

(1) The requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in agreements are those specified in Schedule 1.

(2) The provisions relating to additional matters in respect of which the Minister may make payments in accordance with article 5 are specified in Schedules 2, 3, 4, 5, 6, 7 and 8.

Section 5 Rates of payment under agreement

(1) The Minister may make payments under an agreement in consideration of the requirements included pursuant to article 4(1), up to the maximum rate per annum set out in Part I of Schedule 9 for each hectare of grassland to which the agreement relates.

(2) Where an agreement contains the additional provisions specified in one or more of—

(a) Schedule 2,

(b) Schedule 3,

(c) Schedule 4,

(d) Schedule 5, and

(e) the options contained in Schedule 6,

the Minister may make payments in consideration of those provisions, up to the maximum rate per annum for each hectare of land which under the agreement is subject to those provisions, as set out opposite the reference to that Schedule, or, as the case may be, option, in Part II of Schedule 9.

(3) An agreement may include the requirements as to public access specified in Schedule 7 and, where it does so, the Minister may make payments in consideration of those requirements, up to the maximum rate per annum set out in Part III of Schedule 9 for each hectare of access route.

(4) Where an agreement includes a conservation plan, the Minister may make payments in consideration of the operations included in the plan, up to the maximum sum set out in Part IV of Schedule 9.

(5) For the purposes of paragraph (4) of this article, a conservation plan means a plan which the farmer undertakes or has undertaken as part of an agreement to implement within a period of two years, for the carrying out of one or more of the operations specified in Schedule 8.

(6) In this article and Schedule 9 any reference to a payment rate in relation to any unit of measurement includes a proportionate rate for a proportionate part of that unit.

Section 6 Revocation, saving and amendment

(1) The Environmentally Sensitive Areas (The Broads) Designation Order 1992 is, in so far as it was made under section 18 of the Agriculture Act 1986, hereby revoked except that—

(a) the saving set out in article 7 of that Order in respect of the provisions of the Environmentally Sensitive Areas (The Broads) Designation Order 1986 shall continue to apply in respect of the agreements referred to in that article, and

(b) the other provisions of that Order so made, as amended in accordance with Schedule 10, shall continue to apply to agreements made before the coming into force of this Order in relation to land within the area designated by that Order.

(2) The Environmentally Sensitive Areas (The Broads) Designation (Amendment) ( No. 2) Order 1994 and the Environmentally Sensitive Areas (The Broads) Designation (Amendment) Order 1996 are hereby revoked, but not so as to affect the exceptions referred to in paragraph (1) of this article.

Section 1

As regards any grassland which is subject to the agreement, requirements to the effect that—

(a) the farmer shall maintain the grassland and not plough, level or reseed it and shall not cultivate it except with a chain harrow or roller;

(b) the farmer shall graze it with livestock except pigs or poultry but not so as to cause poaching, overgrazing or undergrazing;

(c) the farmer shall take no more than one cut of hay or silage each year;

(d) where the farmer takes a cut of hay or silage in accordance with subparagraph (c) above, he shall graze the aftermath;

(e) the farmer shall not increase his existing application rates of inorganic fertiliser and shall not in any event apply more than 125 kilograms of nitrogen, 75 kilograms of phosphate and 75 kilograms of potash per hectare of the grassland per year;

(f) the farmer shall use no more than 94 kilograms of nitrogen per hectare of the grassland in any one application;

(g) the farmer shall not apply pig slurry or poultry manure to the grassland and shall not increase his existing application rates of organic manure to it;

(h) the farmer shall not apply farmyard manure to the grassland except manure which has been produced on his own farm and shall not apply more than 30 tonnes per hectare of the grassland in a year;

(i) the farmer shall not apply cattle slurry to the grassland except slurry which has been produced on his own farm and shall not apply more than 30 cubic metres of slurry containing 10 per cent or more of dry matter per hectare of the grassland per annum or such greater volume in cubic metres of slurry as the Minister regards as equivalent if the dry matter is less than 10 per cent;

(j) the farmer shall not apply fungicide or insecticides to the grassland;

(k) the farmer shall not apply herbicides to the grassland except to control nettles, spear thistle, creeping or field thistle, curled dock, broad-leaved dock or ragwort, shall control infestations of those weeds by cutting or by herbicides, and if using herbicides for that purpose shall apply them by weed wiper or by spot treatment.

Section 2

As regards all land which is the subject of the agreement, requirements to the effect that—

(a) the farmer shall not mole-drain or install under-drainage, and shall not sub-soil or slit drain or otherwise modify substantially his existing drainage system;

(b) the farmer shall maintain existing dykes in rotation by mechanical means, shall slub out each ditch and dyke at least once every 8 years and not more than once every 5 years and shall dry and level the spoil after slubbing out;

(c) the farmer shall ensure that water is maintained at a suitable level for livestock to graze on grazing marshes and shall—

(i) ensure that there is at least 30 centimetres of water in the bottom of dykes between 31st October in any given year and the following 1st March, and

(ii) begin to increase dyke water levels to summer levels no later than 1st March in any given year;

(d) the farmer shall maintain hedges, ponds and reedbeds;

(e) the farmer shall not damage or destroy any feature of historic interest;

(f) the farmer shall obtain written advice on siting and materials from the Minister before constructing buildings or roads or before undertaking any other engineering or construction operations which do not require prior determination as to the need for any approval by the local planning authority under Part 6 or 7 of Schedule 2 (permitted development) to the Town and Country Planning (General Permitted Development) Order 1995 or planning permission; and

(g) the farmer shall obtain written advice on the management of any woodland or scrub and on any proposal to plant new woodland from a person approved by the Minister for the purpose of giving that advice.

Section 1 Option 1

A requirement to the effect that, as regards any land which is subject to the agreement, which is suitable for reversion to permanent grassland and which on 31st August 1991 was in arable cropping or had been in ley management for less than five years as part of an arable rotation—

(a) within twelve months of the commencement of the agreement, the farmer shall cease arable production on the land and shall establish a grass sward on it; and

(b) during the period of twelve months from the commencement of the agreement, the farmer shall not apply—

(i) fertiliser to the land,

(ii) lime, slag or any other substance designed to reduce the acidity of the soil of the land, or

(iii) pesticides to the land,

without obtaining the Minister’s prior approval.

Section 1 Option 2

As regards any strip which is subject to the agreement, requirements to the effect that—

(a) within twelve months of the commencement of the agreement the farmer shall cease arable production on the strip and shall establish a grass sward on it;

(b) the farmer shall cut the strip annually after 30th June in any given year and shall ensure that the cuttings do not enter any dyke on the land subject to the agreement;

(c) the farmer shall not apply to the strip without the prior approval of the Minister—

(i) fertiliser,

(ii) lime, slag or any other substance designed to reduce the acidity of the soil on it, or

(iii) fungicide and insecticides; and

(d) subject to paragraph 2 below, the farmer shall not apply herbicides to the grassland except to control nettles, spear thistle, creeping or field thistle, curled dock, broad-leaved dock or ragwort, shall control infestations of those weeds by cutting or by herbicides, and if using herbicides for that purpose shall apply them by weed wiper or by spot treatment; and

Section 2 Option 1

A requirement to the effect that the farmer shall observe the requirements of Schedule 1, paragraph 1 from the expiry of the twelve month period referred to in paragraph 1(b) above in relation to the land referred to in paragraph 1 above.

Section 2 Option 2

A provision to the effect that, notwithstanding paragraph 1(d) above, the farmer may cultivate and apply herbicides to that part of the strip up to 1 metre wide which adjoins land in cultivation where it is desirable so to do in order to maintain a sterile area.

Section 3 Option 1

A requirement to the effect that the farmer shall not exceed a stocking level of 1.4 livestock units per hectare of the land referred to in paragraph 1 above, and for the purposes of this paragraph, “livestock unit” means—

(a) 1 bovine animal more than 2 years old;

(b) 1.66 bovine animals no younger than 6 months old but less than 2 years old;

(c) 6.66 sheep; or

(d) 1 horse more than 6 months old or pony more than 6 months old.

Section 1

The creation or restoration of scrapes, dykes, ditches and footdrains.

Section 2

The restoration of fen areas including the creation or restoration of reed and sedge beds, marsh hay and litter marshes, and the control of scrub.

Section 3

The construction of water level penning structures including bunds, sluices, culverts and other works to control water levels.

Section 4

The replacement of metal field gates with wooden gates.

Section 5

The provision of fencing associated with the introduction or re-introduction of grazing.

Section 6

The provision of liggers and bridges.

Section 7

The creation or re-creation of herb rich meadows.

Section 8

The creation or restoration of ponds.

Section 9

The planting, laying or coppicing of hedges.

Section 10

Works to protect historic and archaeological features.

Section 11

Works designed to restore or create landscape features or features for the benefit of wildlife in a matter compatible with the enhancement of the environment.

Section 12

The provision and restoration of gates, stiles and footbridges where the agreement includes the requirements of Schedule 7 as to public access.

Section 13

Tree planting and the re-introduction of pollarding of trees.

Section 1

The Environmentally Sensitive Areas (The Broads) Designation Order 1992 is amended in accordance with the following provisions of this Schedule.

Section 2

In article 2 (interpretation)—

(a) in paragraph (1) for the definition of “conservation plan” there is substituted the following definition—

“conservation plan” means a plan which the farmer undertakes or has undertaken as part of an agreement to implement within a period of two years, for the carrying out of one or more of the operations specified in Schedule 5 (or in Schedule 8 to the Environmentally Sensitive Areas (The Broads) Designation Order 1997);

(b) in paragraph (2), for the words “shall be construed as” there are substituted the words “(with no corresponding reference to a specific instrument) is”.

Section 3

In article 6 (rates of payment under agreement) for paragraphs (2) and (3) there are substituted the following paragraphs—

(2) Where an agreement includes the additional provisions specified in—

(a) Schedule 2 or 3,

(b) one or more of the options contained in Schedule 4, or

(c) Schedule 4 or 5 to the Environmentally Sensitive Areas (The Broads) Designation Order 1997,

the Minister shall make payments for each hectare of land which under the agreement is subject to those additional provisions at the rate per annum shown in the following table—

(3) Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, up to a maximum sum of £100,000 per agreement.