UNITED KINGDOM STATUTORY INSTRUMENT
2000 No. 3050
AGRICULTURE, ENGLAND
The Environmentally Sensitive Areas (Stage II) Designation Order 2000
Made 13th November 2000
Laid before Parliament 14th November 2000
Coming into force 5th December 2000
Whereas, as mentioned in section 18(1) of the Agriculture Act 1986, it appears to the Minister of Agriculture, Fisheries and Food (“the Minister”) that it is particularly desirable—
to conserve and enhance the natural beauty of the areas referred to in Part 1 of Schedules 1 to 5 to the following Order;
to conserve the flora and fauna and geological and physiographical features of those areas; and
to protect buildings and other objects of historic interest in those areas;
And whereas, as mentioned in the said section 18(1), it appears to the Minister that the maintenance or adoption of the agricultural methods specified in Parts 2 and 3 of Schedule 1, 2, 3, 4 or 5 (as the case may be) to the following Order are likely to facilitate the aforementioned conservation, enhancement and protection;
Now, therefore, the Minister, in exercise of the powers conferred on him by section 18(1) and (4)(d)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 Agency and the Nature Conservancy Council for Englandas to the inclusion of the areas referred to in article 3 of the following Order and the features of those areas for which conservation, enhancement and protection are desirable, hereby makes the following Order:
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Title and commencementTitle and commencement
1. This Order may be cited as the Environmentally Sensitive Areas (Stage II) Designation Order 2000 and shall come into force on 5th December 2000.
Interpretation
2.—(1) In this Order—
“agreement” means an agreement made under section 18(3) of the Agriculture Act 1986 as respects agricultural land in any of the areas designated by article 3 and Part 1 of the relevant Schedule, whether made before or after the coming into force of this Order;
“capital activity” means an activity specified in Part 2 of the relevant Schedule;
“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 fertilizers;
“grassland” means land on which the vegetation consists primarily of grass species;
“management activity” means an activity specified in Part 3 of the relevant Schedule;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“public access route” means a strip of land which is the subject of an agreement and to which access is given to the public;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
(2) In this Order, any reference to an article or Schedule is to an article of, or Schedule to, this Order, and a reference to “the relevant Schedule” means Schedule 1, 2, 3, 4 or 5 as the case may be.
(3) Part IV of the relevant Schedule shall have effect for the purpose of interpreting Parts II and III thereof.
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Designation of Stage II environmentally sensitive areasDesignation of Stage II environmentally sensitive areas
3. There are hereby designated as environmentally sensitive areas the areas of land described in Part 1 of Schedules 1 to 5.
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Matters in respect of which payments may be madeMatters in respect of which payments may be made
4.—(1) Payments to be made by the Minister under an agreement may be made in respect of a capital activity or a management activity.
(2) In the case of agreements made on or after 22nd June 1998, payments may not be made in respect of—
(a)
(a) item 12 in Part 3 of Schedule 3; or
(b)
(b) items 9 or 10 in Part 3 of Schedule 5.
Rates of payment
5.—(1) In the case of a management activity, payments to be made by the Minister under an agreement shall not exceed the rate specified in respect of that activity in column 2 of Part 3 of the relevant Schedule.
(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.
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Revocation of existing legislationRevocation of existing legislation
6. The Orders listed in Schedule 6 are revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
9th November 2000
Jim Dowd and Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
13th November 2000
SCHEDULE 1
articles 2(1) and (3), 3 and 5(1)
BRECKLAND
1
DESIGNATION OF ENVIRONMENTALLY SENSITIVE AREAPART 1
DESIGNATION OF ENVIRONMENTALLY SENSITIVE AREA
The area of land in Breckland in the counties of Suffolk, Norfolk and Cambridgeshire which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the Breckland environmentally sensitive area” dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.
PART 2
CAPITAL ACTIVITIES
Provision of water supplies and fencing where necessary to facilitate the reintroduction of livestock for grazing.
Management of scrub.
Works designed for the supplementary treatment of heathland or reverted heathland, including soil disturbance, the introduction ofCalluna species and heather management.
The creation or restoration of ponds and the restoration of pingos.
Restoration of reedbeds and sedgebeds.
Control of bracken.
The provision of feeding areas in sites located away from heathland.
The planting or coppicing of hedges.
Construction of water-penning structures.
Restoration of pine belts and lines.
The provision of rabbit-proof fencing.
Works to protect historical and archaeological features.
The provision and restoration of gates, stiles and footbridges where an agreement includes requirements as to public access.
The creation or reinstatement of dykes and ditches.
Stump removal and any other necessary ground-preparation on sites reverting from forest to heath.
Other works for the restoration or enhancement of wildlife habitats.
PART 3
MANAGEMENT ACTIVITIES
Column 1 |
Column 2 |
Activity |
Maximum rate in £ per hectare of land per annum |
1. Management of heathland. |
125 |
|
2. In relation to cultivated land—
(a) the reversion of arable land to heathland
|
350 |
(b) creation and management of uncropped wildlife strips |
370 |
(c) creation and management of conservation headland |
110 |
|
(d) the reversion of arable land to grassland—
(i) on or adjacent to wetland sites
|
280 |
(ii) on or adjacent to archaeological sites |
500 |
(e) establishment of winter stubbles. |
100 |
|
3. In relation to river valley grassland—
(a) management of river valley grassland
|
130 |
(b) where management of any kind referred to in item (a) above is undertaken, additional management for the purposes of the maintenance of high water levels in ditches. |
50 |
4. The maintenance of woodland. |
17 |
5. The provision of public access routes. |
170 |
PART 4
DEFINITIONS
In this Schedule:
“conservation headland” means a strip of land at least six metres wide along the edge of a field growing arable crops that is subject to restrictions on the use of fertilizers and herbicides;
“heathland” means sandy or chalky land which is free-draining and covered by semi-natural vegetation;
“river valley grassland” means land on which the vegetation consists primarily of grass species and on which the soil is not predominantly free-draining;
“uncropped wildlife strips” means a strip of land at least six metres wide at the edge of a field for arable cropping which is subject to restrictions on the use of fertilizers, herbicides, pesticides, nutrients and other agricultural admixtures;
“winter stubble” means the residue of stalks and other plant material remaining after harvest of a cereal or linseed crop and which is not removed over the winter period.
SCHEDULE 2
articles 2(1) and(3), 3 and 5(1)
CLUN
1
DESIGNATION OF ENVIRONMENTALLY SENSITIVE AREAPART 1
DESIGNATION OF ENVIRONMENTALLY SENSITIVE AREA
The area of land in the vicinity of Clun in the county of Shropshire which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the Clun environmentally sensitive area” dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.
PART 2
CAPITAL ACTIVITIES
The renovation of farm buildings using traditional materials.
The regeneration of suppressed heather.
The control of bracken.
The planting, laying or coppicing and gapping up of hedges not otherwise subject to a management programme under the agreement.
The creation or restoration of ponds and the restoration of wet areas, wet meadows and river banks.
The creation of hay meadows.
The management of scrub.
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 introduction or re-introduction of pollarding management for neglected trees.
Fencing for the purpose of excluding stock from woodlands.
Other works for the restoration or enhancement of wildlife habitats.
PART 3
MANAGEMENT ACTIVITIES
Column 1 |
Column 2 |
Activity |
Maximum rate in £ per hectare of land per annum (except where otherwise stated) |
|
1. In relation to cultivated...
|
