The Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation (Amendment) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 1993 (“the principal Order”).

The Order–

(a) amends the definition of “wetlands” (article 2);

(b) increases the minimum rate of payments under an agreement under section 18(3) of the Agriculture Act 1986 for any year of such agreement commencing on or after 15th August 1996 from £150 to £250 per annum per crofter, farmer or common grazings committee (articles 3 and 4);

(c) amends the maximum rate of payments for expenditure identified in such agreement as required to undertake additional farming operations specified in the principal Order. For agreements entered into on or after 15th August 1996 there is substituted, for the present maximum rate of £2,000 per annum per crofter or farmer and £12,000 per annum per common grazings committee a maximum rate in relation to an agreement with a farmer or crofter of £20,000 for each 5 year conservation plan and, in relation to an agreement with a common grazings committee, £60,000 for each 5 year conservation plan. Transitional provisions are made for agreements in force on that date (articles 5 and 6);and

(d) in relation to agreements entered into on or after 15th August 1996, amends Part I of the Schedule to the principal Order so as to include among the requirements to be included in an agreement with a farmer or crofter a requirement in relation to the protection of dykes; and extends the additional operations to be identified in each 5 year conservation plan to include operations in relation to both intensively and extensively managed hay and grass silage crops, and if the farmer or crofter so wishes measures for the restoration of dykes so as to enable payment to be made in respect of measures to protect grassland birds and for such restoration; and makes drafting amendments to that Part (articles 2, 7(1) and 8); and

(e) in relation to agreements entered into on or after 15th August 1996 amends Part II of the Schedule to the principal Order so as to include among the requirements to be included in an agreement with a common grazing committee a requirement in relation to the protection of dykes; and extends the additional operations to be identified in each 5 year farm conservation plan to include, if the committee so wishes, measures for the restoration of dykes so as to enable payment to be made for such restoration and makes drafting amendments to that Part (article 7(2)).