BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Statutory Instruments |
||
|
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1998 No. 1301 URL: http://www.bailii.org/uk/legis/num_reg/1998/uksi_19981301_en.html |
||
[New search] [Help]
Statutory Instruments
AGRICULTURE
Made
19th May 1998
Laid before Parliament
27th May 1998
Coming into force
22nd June 1998
Whereas, pursuant to section 18(1) of the Agriculture Act 1986(1), the Minister of Agriculture, Fisheries and Food has by order designated an area in the Lake District as an environmentally sensitive area ("the designated area");
And whereas it appears to the Minister that it is particularly desirable-
(1) to conserve and enhance the natural beauty of the designated area together with an additional area in the Lake District;
(2) to conserve the flora and fauna and geological and physiographical features of those areas; and
(3) to protect buildings and other objects of historic interest in that area;
And whereas it appears to the Minister that the maintenance or adoption of particular agricultural methods in respect of the matters specified in the Schedules to the following Order is likely to facilitate such conservation, enhancement or protection;
Now therefore, the said Minister, in exercise of the powers conferred on him by section 18(1) and (4)(2) of the said Act, and of all other powers enabling him in that behalf, with the consent of the Treasury and after consultation with the Secretary of State, the Countryside Commission and the Nature Conservancy Council for England(3) in accordance with section 18(1) of the said Act, and with the Historic Buildings and Monuments Commission for England in accordance with section 99 of the Environment Act 1995(4), makes the following Order:
1. This Order may be cited as the Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.
2. In this Order "the principal Order" means the Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1993(5), as amended at the date that this Order comes into force.
3. The principal Order shall be amended in accordance with the following provisions of this Order.
4. 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;
"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;
"fell" means land which is covered by semi-natural upland vegetation and is generally unenclosed except along ownership boundaries;
"heather fell" means fell comprised in a grazing unit where the area of heather is greater than 25 hectares or represents more than 25 per cent of the area of the unit;
"heather" means common heather (calluna vulgaris), and includes common heather growing in association with other ericaceous dwarf shrub species;
"inbye land" means enclosed grassland which has not been ploughed, levelled, drained or reseeded for at least ten years and which is subject to regular treatment with fertilisers, used for pasture or for the production of hay or silage;
"intake land" means enclosed land used exclusively for grazing, most of which has not been regularly ploughed, levelled, drained or treated with fertilisers, lime, slag or pesticides;
"management activity" means an activity specified in Schedule 2;
"meadowland" means grassland primarily used for the production of hay or silage;
"pasture" means enclosed grassland that is not normally ploughed or reseeded within a period of ten years, is used for the production of pasture and is subject to regular inputs of fertiliser;
"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;
"wetland" means land which is subject to regular flooding or which is waterlogged for the greater part of the year; and
"woodland" means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.".
5. In article 3 of the principal Order, for the words "dated 4th January 1993, signed and sealed by the Minister" there shall be substituted "dated 18th May 1998, signed on behalf of the Minister by the Parliamentary Secretary".
6. For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading-
4. A payment to be made by the Minister under an agreement may be made in respect of-
(a)a capital activity; or
(b)a management activity which-
(i)in the case of a payment to be made under an agreement entered into before the relevant date, is specified in Part I or Part II of Schedule 2; and
(ii)in the case of a payment to be made under an agreement entered into on or after the relevant date, is specified in Part I of Schedule 2.".
7. For article 5 of the principal Order and the heading thereto there shall be substituted the following article and heading-
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."
8. For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
9. For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
10. The following provisions of the principal Order shall be deleted-
(a)articles 4A and 6; and
(b)Schedules 1A, 4 and 5.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998
We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty's Treasury
19th May 1998
Article 8
Articles 2(1) and 5(1)
The planting, coppicing or laying of hedges.
The regeneration of wildlife habitats, including suppressed heather, juniper scrub and water margins.
The control of bracken.
The renovation of farm buildings using traditional materials.
The creation of flower-rich meadowland.
Works to protect historic and archaeological features.
The provision and restoration of gates, stiles and footbridges where an agreement includes requirements as to public access.
The creation or restoration of ponds.
Tree-planting.
Pollarding of trees.
Restoration and replanting of traditional orchards.
Fencing associated with the exclusion of stock under the woodland tier.
The provision and restoration of timber gates and gate posts.
Other works for the restoration or enhancement of wildlife habitats."
Article 9.
Articles 2(1) and 5(1)
| Column 1 | Column 2 |
|---|---|
| Activity | Maximum rate (in £ per hectare of land per annum, except where otherwise stated) |
| Part I | |
1. Maintenance of cultivated land. | 12 |
2. Management of inbye land. | 47 |
3. Management of intake land. | 22 |
4. Maintenance of fell without heather. | 25 |
5. As regards heather fell: (a)maintenance of heather fell | 40 |
(b)management of heather fell | 42 |
(c)enhanced management of heather fell. | 62 |
6. Management of meadowland. | 190 |
7. Management of other habitats through controlled grazing and restricted agricultural admixtures. | 100 |
8. Where management of any kind referred to in item 5(a), 5(b) or 5(c) is undertaken, additional management for the purpose of the early adoption of winter stocking restrictions. | 10 |
9. In relation to woodland: (a)maintenance of existing woodland | 12 |
(b)management of woodland to enhance its nature conservation and landscape value. | 200 |
10. The provision of public access routes. | 170 |
12. Hedgerow restoration. | £4 per metre |
13. Wall restoration. | £16 per metre |
| Part II | |
1. Management of pasture land. | 105 |
2. Management of wetland. | 70" |
(This note is not part of the Order)
This Order amends the Environmentally Sensitive Areas (Lake District) Designation Order 1993 ("the principal Order") which designated an area in the Lake District as an environmentally sensitive area, in implementation of Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p.85) on agricultural production methods compatible with the requirements of protection of the environment and the maintenance of the countryside, as amended by Commission Regulation (EC) No. 2772/95 (OJ No. L288, 1.12.95, p.35) as in turn rectified by Commission Regulation (EC) No. 1962/96 (OJ No. L259, 12.10.96, p.7).
The definitions set out in article 2(1) of the principal Order are consolidated and in addition new definitions are inserted (Article 4).
This Order replaces the Schedules to the principal Order (laying down detailed requirements of the scheme) by two new Schedules specifying the capital and management activities in respect of which payments may be made and specifies the maximum payments in respect of such activities.
The area designated by the principal Order is increased (by an amendment to Article 3 of the principal Order) and the designated area as thereby enlarged is shown (coloured yellow) in a new volume of maps dated 18th May 1998 which replaces the volume of maps referred to in article 3 of the principal Order dated 3rd March 1993 (Article 5).
The provisions of the principal Order that are amended or revoked do not include any that derive from the Environmentally Sensitive Areas (England) Designation (Amendment) Regulation 1996 (S.I. 1996/3104); those which derive from S.I. 1996/3104 are revoked (subject to a saving in certain cases) by the Environmentally Sensitive Areas (England) Designation (Revocation of Specified Provisions) Regulations 1998, coming into force on 21st June 1998.
No regulatory appraisal has been made in respect of this Order.
1986 c. 49. The expression "the Minister" is defined in section 18(11).
The provisions in section 18 of the Agriculture Act 1986 concerning Nature Conservancy Councils were amended by Part VII of, and Schedule 9 to, the Environmental Protection Act 1990 (c. 43).
