The Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1998

• Citation: S.I. 1998/1305
• Sections: 21

Section 1 Title and commencement

This Order may be cited as the Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.

Section 2 Interpretation

In this Order “the principal Order ” means the Environmentally Sensitive Areas (South West Peak) Designation Order 1993 , as amended at the date that this Order comes into force.

Section 3 Amendment of the principal Order

The principal Order shall be amended in accordance with the following provisions of this Order.

Section 4 Amendment of the principal Order

In article 2(1) of the principal Order, the provisions immediately following the words “In this Order—” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:

“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;

“capital activity” means an activity specified in Schedule 1;

“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;

“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;

“enclosed permanent grassland” means enclosed grassland which has not been ploughed or reseeded for at least ten years;

“enclosed permanent rough grazing” means enclosed land which is used exclusively for the grazing of livestock, and which has not been regularly ploughed, levelled, drained or reseeded, or regularly treated with fertilisers, lime, slag or pesticides;

“extensive meadowland” means meadowland which is receiving no or minimal inputs of fertiliser, pesticides, nutrients and other agricultural admixtures;

“extensive pasture” means pasture that is receiving no fertiliser, pesticides or other agricultural admixtures;

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

“management activity” means an activity specified in Schedule 2;

“meadowland” means grassland primarily used for the production of hay or silage;

“moorland” means land covered by semi-natural upland vegetation which is generally unenclosed except along ownership boundaries;

“pasture” means enclosed permanent grassland which is used for the production of pasture and which is receiving no or only minimal inputs of fertiliser, pesticides, nutrients or other agricultural admixtures;

“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;

“relevant date” means 22nd June 1998;

“rough grazing” means land covered by semi-natural vegetation; and

“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.

Section 5 Amendment of the principal Order

For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading—

Matters in respect of which payments may be made

(4) Payments to be made by the Minister under an agreement may be made in respect of a capital activity or a management activity.

Section 6 Amendment of the principal Order

For article 5 of the principal Order and the heading thereto there shall be substituted the following article and heading—

Rates of payment

(5)

(1) Payments to be made by the Minister under an agreement shall not exceed—

(a) in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and

(b) in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.

(2) Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.

Section 7 Amendment of the principal Order

For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.

Section 8 Amendment of the principal Order

For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.

Section 9 Amendment of the principal Order

The following provisions shall be deleted—

(a) articles 4A and 6; and

(b) Schedules 1A, 4 and 5.

Section 1

Maintenance of cultivated land.

Section 2

Management of enclosed permanent grassland.

Section 3

Management of enclosed permanent rough grazing.

Section 4

Enhanced management of pasture.

Section 5

Enhanced management of hay meadows.

Section 6

Regeneration to extensive pasture.

Section 7

Regeneration to extensive meadows.

Section 8

Where management of any kind under item 1, 2, 3, 4 or 6 is undertaken, additional management so as to create wet areas.

Section 9

In relation to moorland:

(a) maintenance of moorland

Section 10

In relation to woodland:

(a) maintenance of existing woodland

Section 11

The provision of public access routes.

Section 12

Wall restoration.