The Environmentally Sensitive Areas (Radnor) Designation (Amendment) Order 1997

• Citation: S.I. 1997/976
• Sections: 3

Section 1 Title and commencement

This Order may be cited as the Environmentally Sensitive Areas (Radnor) Designation (Amendment) Order 1997 and shall come into force on 1st May 1997.

Section 2 Amendment of the Environmentally Sensitive Areas (Radnor) Designation Order 1993

(1) The Environmentally Sensitive Areas (Radnor) Designation Order 1993 shall be further amended in accordance with the following paragraphs of this article.

(2) In paragraph (1) of article 2 (interpretation)—

(a) in the definition of the word “bank”, for the word “or” where it occurs immediately after the word “stone”, there shall be substituted the word “and”;

(b) after the definition of “conservation headland” there shall be added the following definition—

“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 4 which the farmer undertakes, as part of an agreement, to implement within a period of two years;

(c) in the definition of the word “heather”, after the words “ Erica tetralix ”, there shall be inserted the words “, Vaccinium myrtillus ”.

(3) In article 6 (rates of payment under agreement)—

(a) in subparagraph (e) of paragraph (3), for “£35” there shall be substituted “£55”.

(b) in paragraph (4)—

(i) in subparagraph (a), for “£20” there shall be substituted “£30”;

(ii) in subparagraph (b) there shall be substituted the following subparagraph—

(b) £90 per annum for each hectare of broadleaved woodland and which under the agreement is subject to the additional provision specified in paragraph 2 of Schedule 2;

(iii) subparagraph (c) shall be deleted;

(iv) in subparagraph (d), for “£25” there shall be substituted “£30”;

(v) in subparagraph (f), for “£90” there shall be substituted “£150”;

(vi) in subparagraph (g), for “£50” there shall be substituted “£90”;

(vii) in subparagraph (h), for “£85” there shall be substituted “£125”;

(viii) in subparagraph (i), for “£80” there shall be substituted “£125”.

(c) for paragraph (6) there shall be substituted the following paragraph—

(6) Where an agreement includes a conservation plan, the Secretary of State shall also make payments in respect of operations included in the plan, subject to a maximum of £20,000 for that agreement.

(d) paragraph (7) shall be deleted.

(4) For paragraph 2 of Schedule 2 there shall be substituted the following paragraph—

(2) As regards any land which is the subject of an agreement and which is broadleaved woodland the farmer shall exclude livestock.

(5) In Schedule 4 (conservation plan operations)—

(a) in paragraph 6 the word “traditional”, where it occurs before the word “farm”, shall be deleted and the words “using traditional materials” shall be inserted after the word “buildings”.

(b) after paragraph 9 there shall be inserted the following paragraphs—

(10) The control of Himalayan balsam ( Impatiens glandulifera ).

(11) The provision of protective fencing for broadleaved woodland.

Section 3 Saving

(1) Paragraph (3) of article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st May 1997.

(2) Paragraph (4) of article 2 of this Order shall not apply in relation to any agreement made before 1st May 1997.