The Environmentally Sensitive Areas (Breckland) Designation Order 1987

Explanatory Note

(This note is not part of the Order)

Section 18 of the Agriculture Act 1986 (“the 1986 Act”) gives the Minister of Agriculture, Fisheries and Food (“the Minister”) power to designate an area in England as an environmentally sensitive area where it appears to him particularly desirable to conserve, protect or enhance environmental features in that area by the maintenance or adoption of particular agricultural methods.

This Order, which complies with Title V of Council Regulation (EEC) No. 797/85 (OJ No. L93, 30.3.85, p.1) on improving the efficiency of agricultural structures, designates an area in Breckland as an environmentally sensitive area (article 3). The area is defined by reference to maps which are available for inspection during normal office hours at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminster House, Horseferry Road, London SW1P 2AE, and at

(a) Eastern Regional Office, Block C, Government Buildings, Cambridge CB2 2DR;

(b) Norwich Divisional Office, 122a Thorpe Road, Norwich NR1 1RN;

(c) Bury St Edmunds Area Office, Southgate, Bury St Edmunds, Suffolk IP33 2BD.

Section 18(3) of the 1986 Act enables the Minister to enter into a management agreement with any person having an interest in agricultural land in a designated area if the Minister considers that conservation of environmental features in that area may be thereby facilitated, and the Order specifies requirements as to agricultural practices, methods and operations and the installation and use of equipment which must be included in such an agreement (article 4 and Schedules 1 to 6).

A management agreement must contain the requirements specified in Schedule 6, in addition to the requirements laid down in at least one of Schedules 1 to 5 (article 4). (The agreement may also provide for the voluntary observance of the requirements of further Schedules, in which case additional payments will be made.) Annual payments to be made by the Minister under an agreement are to be at the rate per hectare of £100 for land subject to Schedule 1 or Schedule 2; £125 for land subject to Schedule 3; £300 for land subject to Schedule 4; and £100 for land subject to Schedule 5 (article 6).

The Order also contains provisions for recovery of sums paid under an agreement by the Minister in the event of a breach of the specified requirements, and for the determination by arbitration of any question as to whether a breach of those requirements has occurred (article 5).