The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1997

• Citation: S.I. 1997/1442
• Sections: 27

Section 1 Title and commencement

This Order may be cited as the Environmentally Sensitive Areas (Somerset Levels and Moors) 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 and includes meadowland and rough grazing; and

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

(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 Somerset Levels and Moors in the County of Somerset which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the Somerset Levels and Moors 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 and 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, 8 and 9.

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 10 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,

(e) Schedule 6, and

(f) Schedule 7,

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 additional provisions, as set out opposite the reference to that Schedule in Part II of Schedule 10.

(3) An agreement may include the requirements as to public access specified in Schedule 8 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 10 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 10.

(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 9.

(6) In this article and Schedule 10 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 (Somerset Levels and Moors) 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 9 of that Order in respect of the provisions of the Environmentally Sensitive Areas (Somerset Levels and Moors) 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 11, shall continue to apply to other 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 (Somerset Levels and Moors) Designation (Amendment) ( No. 2) Order 1994 and the Environmentally Sensitive Areas (Somerset Levels and Moors) 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 all land which is the subject of the agreement, requirements to the effect that–

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

(b) the farmer shall graze the land with cattle or sheep but not so as to cause poaching, undergrazing or overgrazing;

(c) where the farmer cuts grass for hay or silage, he shall graze the aftermath;

(d) the farmer shall not increase existing application rates of inorganic fertiliser and shall not in any event apply more than 75 kilogrammes of nitrogen, 37.5 kilogrammes of phosphate or 37.5 kilogrammes of potash per hectare of the land per year;

(e) the farmer shall not increase existing application rates of organic fertiliser produced on his own farm and shall not apply any other organic fertiliser;

(f) the farmer shall not apply fungicides or insecticides to the land;

(g) the farmer shall not apply herbicides to the land except to control creeping buttercup, soft rush, nettles, spear thistle, creeping or field thistle, curled dock, broad-leaved dock or ragwort and if using herbicides for that purpose shall apply them by weed wiper or spot treatment;

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

(i) the farmer shall not use a sub-soiler or tunnel plough, or install under-drainage or mole drainage, or otherwise substantially modify an existing drainage system;

(j) the farmer shall maintain by mechanical means any existing field gutters, surface piping, rig and furrow, ditch or rhyne and shall not use herbicides to control plant growth therein, and shall not install any additional surface piping;

(k) the farmer shall not use spray irrigation;

(l) the farmer shall maintain existing hedges, trees and pollarded willows in accordance with local custom;

(m) the farmer shall not plant any trees or allow the natural establishment of trees or bushes without the prior approval of the Minister;

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

(o) the farmer shall obtain from the Minister written advice on siting and materials 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;

(p) the farmer shall maintain existing gates with wing fencing but shall not erect any permanent fencing without the Minister’s prior approval;

(q) the farmer shall maintain water levels in ditches and rhynes at or above the established penning level, fixed by reference to gauge boards set to Ordnance Datum Newlyn, from 1st April until 31st October in any given year and at or above the established winter level, fixed by reference to gauge boards set to Ordnance Datum Newlyn, from 1st November in any given year until the following 31st March and shall maintain a minimum level of 15 centimetres of water in the bottom of ditches and rhynes at all times.

Section 1

The planting, laying and coppicing of hedges.

Section 2

The re-introduction of pollarding management including the planting of willows for future pollarding.

Section 3

The renovation of shelter belts and the planting of trees.

Section 4

The construction of water level penning structures such as bunds and sluices in order to raise water levels in rhynes and ditches.

Section 5

The reinstatement of gutters, dykes and ditches.

Section 6

The provision of timber gates and timber wing fencing.

Section 7

The removal of fencing alongside ditches and rhynes.

Section 8

The removal of scrub.

Section 9

The construction or re-construction of culverts.

Section 10

The improvement of droves within raised water level areas.

Section 11

The conversion of arable land to permanent grassland.

Section 12

The creation or improvement of botanically diverse meadows, ponds or scrapes.

Section 13

Works to protect historic and archaeological features.

Section 14

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

Section 15

The provision and restoration of gates, stiles and footbridges where the agreement includes the requirements of Schedule 8 as to public access.

Section 16

The renovation of farm buildings using traditional materials.

Section 17

The restoration and replanting of traditional orchards.

Section 1

The Environmentally Sensitive Areas (Somerset Levels and Moors) 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 9 to the Environmentally Sensitive Areas (Somerset Levels and Moors) 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–

(a) the additional provisions specified in Schedule 2, 3 or 4,

(b) the additional provisions specified in Schedule 2 to the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1997, or

(c) in relation to land which is the subject of the provisions of Schedule 2 (or Schedule 2 to the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1997), provisions equivalent to those in Schedule 5 or 6 to the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1997, the Minister shall make payments for each hectare of land which under the agreement is subject to those additional provisions or options 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 the maximum sum of £100,000 per agreement.