Statutory Instruments
COUNTRYSIDE
Made
21st May 1998
Laid before Parliament
27th May 1998
Coming into force
24th June 1998
The Minister of Agriculture, Fisheries and Food, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community(2), in exercise of the powers contained in that section in so far as these Regulations could not have been made under the powers hereinafter mentioned, and otherwise in exercise of the powers conferred on him by section 98 of the Environment Act 1995(3) and of all other powers enabling him in that behalf, with the consent of the Treasury and after consulting the Secretary of State, the Countryside Commission, the Nature Conservancy Council for England and the Historic Buildings and Monuments Commission for England in accordance with section 99 of that Act, hereby makes the following Regulations:
1.—(1) These Regulations may be cited as the Countryside Stewardship Regulations 1998 and shall come into force on 24th June 1998.
(2) These Regulations extend to England.
2. The Regulations specified in Schedule 2 are revoked.
3.—(1) In these Regulations, unless the context otherwise requires—
“agreement land” means land which is the subject of a stewardship agreement or a former scheme agreement;
“agreement year”, in relation to any stewardship agreement or former scheme agreement, means a period of 12 months commencing with the date of, or any anniversary of the date of, the coming into effect of the agreement;
“agri-environment scheme” means an arrangement which is—
regulated by statutory instrument providing for the payment of aid to persons who give an undertaking or enter an agreement in relation to land to which that instrument relates; and
approved by the Commission of the European Communities under Article 7(3) of the Council Regulation as part of a zonal programme drawn up pursuant to Article 3 of the Council Regulation;
“the Commission Regulation” means Commission Regulation (EC) No. 746/96(4) laying down detailed rules for the application of the Council Regulation, as last amended by Commission Regulation (EC) No. 435/97(5);
“the Council Regulation” means Council Regulation (EEC) No. 2078/92(6) on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, as last amended by Commission Regulation (EC) No. 2772/95(7) as rectified in turn by Commission Regulation (EC) No. 1962/96(8);
“Countryside Commission” means the body established by section 1 of the National Parks and Access to the Countryside Act 1949(9);
“carrying out”, in relation to an activity, includes ensuring that it is carried out, and “carry out” shall be construed accordingly;
“eligible person” means—
a stewardship agreement holder, or
a former scheme agreement holder,
who applies for a grant under these Regulations and is not excluded from eligibility for that grant at the time at which his application is considered by application of Article 10 of the Commission Regulation (which restricts duplication of aid payments), by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member States to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person covered by that provision who, intentionally or by reason of gross negligence, makes a false declaration to be excluded from all aid under the Council Regulation);
“former scheme” means the countryside stewardship scheme administered by the Countryside Commission under section 4 of the Countryside Act 1968(10) from 25th June 1991 to 31st March 1996;
“former scheme agreement” means an agreement made with the Countryside Commission by any person with an interest in land under the former scheme, the rights and obligations of the Countryside Commission under which have been assumed by the Minister;
“former scheme agreement holder” means—
a person (other than the Minister or the Countryside Commission) who is a party to a former scheme agreement; and
any person with an interest in the agreement land who is bound by the terms of a former scheme agreement as successor to a person falling within sub-paragraph (a) of this definition;
“interest”, in relation to land, means a freehold or leasehold interest in it, or a licence to occupy it;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“special project agreement” has the meaning given to it in regulation 4(4);
“specified purposes” means—
the conservation or enhancement of the natural beauty or amenity of the countryside (including its flora and fauna and geological and physiographical features) or of any features of archaeological interest there; or
the promotion of the enjoyment of the countryside by the public;
“standard agreement” has the meaning given to it by regulation 4(4);
“stewardship agreement” has the meaning given to it by regulation 4(3); and
“stewardship agreement holder” means any person who has entered into a stewardship agreement.
(2) Any reference in these Regulations to—
(a)a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations so numbered;
(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation (or, in Part I or II of Schedule I, the Part) in which the reference occurs; and
(c)a numbered or denoted sub-paragraph is a reference to the sub-paragraph so numbered or denoted in the paragraph in which the reference occurs.
4.—(1) In any case where the Minister is of the opinion that the carrying out by any person who has an interest in land of any activity in relation to that land would be conducive to the specified purposes, he may, subject to paragraphs (5) and (6) below and regulations 6 and 7, enter into a stewardship agreement with that person.
(2) In this regulation—
(a)“the other party” means a person within the description in paragraph (1), being the particular person in the case in question; and
(b)“the relevant land” means land referred to in paragraph (1), being the particular land in question.
(3) For the purposes of paragraph (1) above, a stewardship agreement means an agreement which remains in force for a term specified in the agreement, provides for the other party to carry out the activity in question in relation to the relevant land and requires the Minister to pay grant to the other party in respect of the carrying out of that activity thereon.
(4) In these Regulations a standard agreement means a stewardship agreement which—
(a)includes provision for the other party to carry out on the relevant land at least one activity specified in an entry of column 1 of Part I or II of Schedule 1;
(b)in relation to each such activity so provided for, and any activity specified in an entry of column 1 of Part III of Schedule 1 for which the agreement provides, requires or enables the Minister to pay grant at a rate no greater than the maximum payment rate specified in the corresponding entry in column 2 thereof as amended from time to time during the term of the agreement; and
(c)does not include provision for the Minister to pay grant otherwise than as specified in sub-paragraph (b) above;
and a special project agreement means a stewardship agreement other than a standard agreement.
(5) The Minister shall not enter into any stewardship agreement in circumstances to which Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement) applies unless he is satisfied that the conditions set out in that Article are fulfilled.
(6) The Minister shall not enter into a special project agreement in relation to any activity except where he considers that—
(a)the achievement of any one or more of the specified purposes is desirable in relation to particular land;
(b)that purpose or those purposes could not be fully achieved in relation to that land but for the carrying out of that activity; and
(c)that activity is either—
(i)outside the range of activities specified in Part I or II of Schedule 1; or
(ii)an activity specified in an entry in column 1 thereof, but such that that person cannot reasonably be expected to carry it out in the absence of payment at a rate greater than the maximum rate specified in the corresponding entry in column 2 thereof.
(7) Part IV of Schedule 1 shall have effect for the purpose of interpreting Parts I, II and III thereof.
5. Subject to regulation 7, the Minister may make a grant—
(a)in accordance with a stewardship agreement, to any eligible person; and
(b)in accordance with a former scheme agreement, to any eligible person who does or undertakes to the Minister to do anything the doing of which in the opinion of the Minister is conducive to the specified purposes.
6. Any requirement in a stewardship agreement to make a grant under these Regulations to any person shall be subject to the condition that he is an eligible person and also to the following conditions—
(a)that he is not in breach of any of the terms of the stewardship agreement by which he is bound;
(b)that he complies with the requirements of regulations 8 and 9 below; and
(c)that he maintains an interest in the agreement land for the duration of the stewardship agreement.
7.—(1) Payment of grant may be made in relation to any activity specified in Parts I, II or III of Schedule 1, at any time during or after the agreement year.
(2) Grant payable in relation to any activity specified in a special project agreement shall not exceed 120% of the loss of income and additional costs incurred as a result of carrying out that activity.
8. An application by a stewardship agreement holder for grant under these Regulations shall be made at such time and in such form and shall contain or be accompanied by such information as the Minister reasonably may require.
9.—(1) A stewardship agreement holder (or, if he has died, his personal representative) shall notify the Minister in writing of any change in the occupation of the agreement land or any part of the agreement land where the change occurs while the stewardship agreement is in force.
(2) Notification under this regulation shall be given within three months after the change of occupation concerned, or, where the stewardship agreement holder has died and no personal representative has been appointed within three months, as soon as is practicable after the appointment of a personal representative.
(3) Where there has been a change of occupation of all or part of any agreement land (whether subject to a stewardship agreement or a former scheme agreement), and the Minister enters into a stewardship agreement for the remainder of the term of the original agreement with the new occupier in relation to the land the occupation of which has changed, then that stewardship agreement shall, for the purposes of calculating agreement years, be deemed to have commenced on the date on which the original agreement commenced.
(4) The foregoing provisions of this regulation shall be subject to Article 11 of the Commission Regulation (which governs transfers of holdings) and Article 12 of the Commission Regulation (force majeure).
10.—(1) Where any person, with a view to obtaining the payment of grant under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading, the Minister may withhold the whole or part of any payments of grant payable thereunder to that person or such other person and may, subject to the provisions of Article 20 of the Commission Regulation (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations), recover the whole or part of any sums already paid by way of grant thereunder to that person or such other person.
(2) Where an agreement holder—
(a)has failed to do something which he undertook to do if the grant was made, or
(b)is in breach of any conditions subject to which the grant was made,
the Minister may withhold the whole or any part of any grant payable to that agreement holder under these Regulations and may recover the whole or any part of any grant already paid to him.
(3) Any dispute in any particular case as to the withholding or recovery of grant by reference to paragraph (1) or (2) above shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1996(11) or any statutory modification or re-enactment thereof for the time being in force.
(4) Where the Minister withholds or recovers grant under paragraph (2) above, he may also, in so far as is consequent upon Article 20(2) of the Commission Regulation (which requires member States to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings), require the agreement holder to pay to the Minister a sum equal to no more than 10% of the grant paid or payable to the agreement holder under these Regulations.
(5) Where the Minister takes any steps specified in paragraph (1), (2) or (4) above, he may also terminate the agreement referred to therein by giving notice of such termination to the agreement holder.
(6) Where under paragraph (5) above the Minister terminates an agreement in connection with any step taken under paragraph (2) above, he may also, in so far as is consequent upon Article 20(2) of the Commission Regulation, by notice in writing to the agreement holder prohibit him from providing a new undertaking or entering a new agreement under an agri-environment scheme for such period (not exceeding two years) from the date of that termination as is specified in the notice.
11.—(1) Where a grant is paid under these Regulations by the Minister and, by virtue of Article 20(1) of the Commission Regulation (which provides for recovery of wrongful payments with interest), a reimbursement of all or part of the payment with interest is required, the rate of interest shall be one percentage point above LIBOR on a day to day basis.
(2) For the purpose of this regulation, LIBOR means the sterling three month London interbank offered rate in force during the period specified in Article 20(1) of the Commission Regulation.
(3) In any proceedings relating to this regulation, a certificate of the Minister stating the LIBOR applicable during a period specified in the certificate shall be conclusive evidence of the rate applicable in the specified period if the certificate also states that the Bank of England notified the Minister of that rate.
12. In any case where an amount falls to be paid to the Minister by virtue of, or by virtue of action taken under, these Regulations or the Commission Regulation in so far as it relates to agreement land, the amount so falling to be paid shall be recoverable as a debt.
13. Powers derived from a former scheme agreement to withhold grant or to require any sum to be paid to the Minister shall not be exercised by the Minister in circumstances where it would exceed the powers in regulations 10 to 12 to exercise them, and nothing in those regulations shall be taken to add to the Minister’s powers under any former scheme agreement where that addition is not required by the Commission Regulation.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
21st May 1998
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
21st May 1998
Regulation 4(4), (6) and (7)
| Column 1 | Column 2 |
|---|---|
| Activity | Maximum payment rate |
1. In relation to hay meadows— (a)management of lowland meadowland of more than 3 hectares | £85 per hectare per agreement year |
(b)management of lowland meadowland of 3 hectares or less | £115 per hectare per agreement year |
(c)management of upland meadowland of more than 5 hectares | £80 per hectare per agreement year |
(d)management of upland meadowland of 5 hectares or less | £130 per hectare per agreement year |
(e)where sub-paragraph (a), (b), (c) or (d) apply, additional management in the initial years of the agreement. | £40 per hectare per agreement year for the first 5 agreement years |
2. In relation to grazed pasture— (a)management of pasture of more than 3 hectares | £85 per hectare per agreement year |
(b)management of pasture of 3 hectares or less | £115 per hectare per agreement year |
(c)management of enclosed upland pasture | £50 per hectare per agreement year |
(d)management of grassland above chalk and limestone | £60 per hectare per agreement year |
(e)management of upland rough pasture | £20 per hectare per agreement year |
(f)where sub-paragraph (a), (b), (c), (d) or (e) apply, additional management in the initial years of the agreement. | £40 per hectare per agreement year for the first 5 agreement years |
3. In relation to upland moorland— (a)management to enable regeneration of suppressed heather | £65 per hectare per agreement year for the first 5 agreement years, then £15 per hectare per agreement year for the next 5 agreement years |
(b)management to enable regeneration of heather on improved land. | £120 per hectare per agreement year for the first 5 agreement years, then £70 per hectare per agreement year for the next 5 agreement years |
4. In relation to cultivated land— (a)creation and management of grassland | £280 per hectare per agreement year |
(b)where sub-paragraph (a) applies, additional management in the initial years of the agreement. | £40 per hectare per agreement year for the first 5 agreement years |
5. In relation to existing or proposed lowland heath— (a)management to prevent decline of existing lowland heath | £20 per hectare per agreement year |
(b)management to improve existing lowland heath | £30 per hectare per agreement year |
(c)creation and management of lowland heath on cultivated land | £275 per hectare per agreement year |
(d)where sub-paragraph (a), (b) or (c) applies, additional management at any stage of the agreement. | £50 per hectare per agreement year |
6. In relation to arable field margins— (a)establishment and maintenance of an uncropped arable margin at least 6 metres wide | £35 per 100 metres per agreement year |
(b)establishment and maintenance of a grass margin or strip at least 2 metres wide. | £15 per 100 metres per agreement year |
7. In relation to areas other than any of a kind referred to in paragraphs 1 to 6 above— (a)restoration and management of orchards | £250 per hectare per agreement year |
(b)restoration and management of water meadows | £225 per hectare per agreement year |
(c)management of sand dunes | £50 per hectare per agreement year |
(d)where sub-paragraph (c) applies, additional management in the first agreement year in which the management of sand dunes commences | £40 per hectare in respect of the first such agreement year |
(e)management of salt-marshes | £20 per hectare per agreement year |
(f)where sub-paragraph (e) applies, additional management in the first agreement year in which the management of salt-marshes commences | £40 per hectare in respect of the first such agreement year |
(g)management of any of the following: fen, reedbeds and carr | £100 per hectare per agreement year |
(h)where sub-paragraph (g) applies, additional creation of reedbeds or additional planting of willow or alder saplings. | £40 per hectare per agreement year for the first 5 agreement years |
8. In relation to public access— (a)creation and maintenance of new footpaths for public access | £150 per agreement year plus £0.15 per metre per agreement year |
(b)creation and maintenance of new bridleways for public access | £150 per agreement year plus £0.30 per metre per agreement year |
(c)creation and maintenance of paths suitable for use by disabled people for public access | £150 per agreement year plus £0.30 per metre per agreement year |
(d)permitting access to agreement land for educational visits | £500 per agreement year |
(e)permitting other public access to agreement land. | £150 per agreement year plus £35 per hectare per agreement year |
9. In relation to arable land in a pilot area— (a)the retention of overwintered stubbles, other than in the circumstances specified in sub-paragraph (b), (c) or (e) below | £55 per hectare per agreement year |
(b)the retention of overwintered stubbles immediately following the cultivation of a cereal or linseed crop | £80 per hectare per agreement year |
(c)the retention of overwintered stubbles, followed by a spring and summer fallow | £540 per hectare per agreement year |
(d)the retention of overwintered stubbles in the circumstances described in both sub-paragraphs (b) and (c) | £565 per hectare per agreement year |
(e)the retention of overwintered stubbles, followed by the cultivation of a spring crop | £90 per hectare per agreement year |
(f)the retention of overwintered stubbles in the circumstances described in both sub-paragraphs (b) and (e) | £115 per hectare per agreement year |
(g)undersowing of a spring cereal crop, other than in the circumstances specified in sub-paragraph (h) or (i) below | £180 per hectare per agreement year |
(h)the undersowing of a spring cereal crop following the retention of overwintered stubbles | £200 per hectare per agreement year |
(i)the undersowing of a spring cereal crop, which is followed by a ley | £600 per hectare per agreement year |
(j)the undersowing of a spring cereal crop in the circumstances specified in both sub-paragraphs (h) and (i) | £620 per hectare per agreement year |
(k)creating and managing a crop margin with no summer insecticide | £20 per hectare per agreement year |
(l)creating and managing a conservation headland | £100 per hectare per agreement year |
(m)creating and managing a conservation headland without any fertiliser applications | £150 per hectare per agreement year |
(n)establishment of wildlife seed mixtures. | Agreed costs of implementing proposal |
| Column 1 | Column 2 |
|---|---|
| Activity | Maximum payment rate |
1. In relation to hedgerow restoration— (a)laying, coppicing or planting to fill gaps in hedge, or any combination of these | £2 per metre |
(b)follow-up maintenance of restored hedgerows 5 years after carrying out the activity referred to in sub-paragraph (a) | £1 per metre |
(c)planting of a hedge | £2 per metre |
(d)where sub-paragraph (a) applies, preparatory work on hedges that are more than 1.5 metres wide and 5 metres high | £1 per metre |
(e)where sub-paragraph (a) applies, removal of fence posts and wires | £0.50 per metre |
(f)where sub-paragraph (a) applies, additional work which involves use of staking and top binding. | £1 per metre |
2. In relation to field boundaries— (a)restoration of stone wall | £12 per metre |
(b)where sub-paragraph (a) applies, additional work where 50% or more of the stone is imported from outside the holding, or additional work to a length of wall of at least 10 metres on slopes exceeding 30 degrees | £4 per metre |
(c)installation of wiring along upper surface of a stone wall | £0.60 per metre |
(d)repair of a stone-faced hedge bank | £10 per metre |
(e)restoration of a stone-faced hedge bank | £25 per metre |
(f)restoration of an earth bank | £3 per metre |
(g)restoration of a ditch. | £2 per metre |
3. In relation to tree-planting and tree management— (a)planting of trees and shrubs | £0.65 per tree or shrub |
(b)coppicing of trees along watercourses | £15 per tree |
(c)pollarding of trees | £22.50 per tree |
(d)tree surgery | £50 per tree for major work £22.50 per tree for minor work |
(e)installation of a spiral rabbit guard | £0.20 per guard |
(f)installation of a tree-tube | £0.50 per tube |
(g)planting of a standard tree in a park of historical interest | £6 per tree |
(h)installation of a parkland guard in a park of historical interest. | £30 per guard |
4. In relation to orchards— (a)pruning and restoration of fruit trees | £8 per tree |
(b)pruning to restore the frame of fruit trees | £30 per tree |
(c)planting of maiden fruit trees | £3 per tree |
(d)planting of standard fruit trees | £10 per tree |
(e)installation of an orchard tree-guard. | £1.50 per guard |
5. In relation to water levels and features— (a)installation of an earth bund | £40 per bund |
(b)installation of a timber sluice | £140 per sluice |
(c)installation of a brick, stone or concrete sluice | £400 per sluice |
(d)installation of a culvert | £40 per culvert |
(e)creation of a pond | £3 per square metre of surface area up to 100 square metres of surface area, and £0.50 per square metre of surface area thereafter |
(f)restoration of an existing pond | £2 per square metre of surface area up to 100 square metres of surface area, and £0.50 per square metre of surface area thereafter |
(g)creation of a scrape. | £1.25 per square metre of surface area up to 100 square metres of surface area, and £0.25 per square metre of surface area thereafter. |
6. In relation to scrub— (a)removal or reduction of scrub, where scrub ground cover is less than 25% | £50, plus £100 per hectare |
(b)removal or reduction of scrub, where scrub ground cover is not less than 25% and not more than 75% | £50, plus £250 per hectare |
(c)removal or reduction of scrub where scrub ground cover is over 75% | £50, plus £500 per hectare |
(d)where sub-paragraph (a), (b) or (c) applies, follow-up work to remove scrub regrowth. | £40 per hectare |
7. In relation to bracken— (a)removal or reduction of bracken by mechanical means | £80, plus £30 per hectare |
(b)removal or reduction of bracken by the application of chemicals. | £50, plus £70 per hectare |
8. In relation to fencing— (a)installation of post and wire fencing | £0.80 per metre |
(b)installation of sheep fencing | £1.20 per metre |
(c)installation of rabbit netting | £0.60 per metre |
(d)installation of a river gate | £125 per gate |
(e)installation of a field gate | £125 per gate |
(f)installation of deer fencing in parks of historical interest. | £3.50 per metre |
9. In relation to the supply of water— (a)installation of pipelines to supply water | £0.40 per metre |
(b)installation of a water trough. | £25 per trough |
10. In relation to agreement land to which public access is available— (a)installation of a bridle gate | £100 per gate |
(b)installation of a kissing gate | £130 per gate |
(c)installation of a kissing gate suitable for use by disabled people | £200 per gate |
(d)installation of a timber stile other than a ladder stile | £30 per stile |
(e)installation of a ladder stile | £55 per stile |
(f)installation of a step-over stile in stone wall | £20 per stile |
(g)installation of a step-through stile in stone wall | £30 per stile |
(h)construction of a footbridge | £125 per footbridge |
(i)installation of a bench | £30 per bench |
(j)construction of hard standing for car park | £5 per square metre |
(k)construction of hard standing for paths suitable for use by disabled people. | £7.50 per square metre |
11. Clearance of an eyesore. | £120 per eyesore |
| Column 1 | Column 2 |
|---|---|
| Activity | Maximum payment rate |
1. Payment in respect of charges incurred for technical advice and professional help in the preparation of an application for a stewardship agreement, where a stewardship agreement is subsequently entered into. | £120 per application |
2. Payment in respect of charges incurred for professional help in the preparation of a management plan where a stewardship agreement is subsequently entered into or where a stewardship agreement is in force at the time of preparation of the management plan. | £300 per plan |
3. Payment in respect of charges incurred for professional help in the preparation of notes for schoolteachers in relation to agreement land to which access for educational visits is permitted. | £100 per agreement |
1. In Parts I to III of Schedule 1—
“carr” means an area of marshy ground on which the vegetation is predominantly willow or alder;
“conservation headland” means an area around the outside of a cereal crop that receives no insecticides in the spring or summer and where the use of herbicides is restricted;
“fen” means an area of low-lying marshy ground;
“grassland” means land on which the vegetation consists primarily of grass species;
“heath” means an area of grass, shrubs and trees on acidic sandy soils;
“improved land” means land which has been drained, fertilised, reseeded or otherwise managed to increase its productive capacity;
“maiden fruit tree” means a fruit tree not more than 2 years old;
“management plan” means a plan for carrying out any activity (other than the making of a payment) provided for in a stewardship agreement;
“meadowland” means land used for the production of hay or silage;
“overwintered stubbles” means the remains of a cereal or linseed crop after harvesting, retained through the winter into the next year;
“pilot area” means any of the areas shown coloured yellow on the maps marked A and B contained in the document entitled “Countryside Stewardship Scheme—Arable Farmland Pilot Areas”, dated 21st May 1998, signed by the Parliamentary Secretary on behalf of the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3HX, together with any other land which—
by reason of its close proximity is farmed together with any land situated in any such area, as a single unit of farmland;
is the smaller part of that unit; and
in the Minister’s opinion cannot reasonably be treated separately from any land so situated for the purpose of these Regulations;
“reedbeds” means an area of marshy ground on which the vegetation consists primarily of reeds;
“rough pasture” means permanent grassland on which the vegetation is predominantly natural because agricultural improvement is difficult due to terrain or other physical constraints;
“scrape” means a shallow excavation which may hold water seasonally;
“spring cereal crop” means a cereal crop sown in the spring;
“spring crop” means an arable crop sown in the spring;
“spring and summer fallow” means land that is cultivated in the spring and then left without further disturbance or cultivation during the spring or summer;
“standard fruit tree” means a fruit tree other than a maiden fruit tree, with a stem of between 1.6 metres and 2 metres, and no more than 5 years old;
“water meadow” means a meadow which is periodically inundated with water through a system of sluices and carriers; and
“wildlife seed mixtures” means the sowing of a mixture of seeds of plant species that will benefit wildlife.
2. In Part I of Schedule 1 any reference to—
(a)land described as “lowland” land is a reference to land which is not “upland” land; and
(b)land described as “upland” land is a reference to land situated within the area in England included in the list of less-favoured farming areas established under Article 2(2) of Council Directive 75/268/EC on mountain and hill farming and farming in less-favoured areas(12) (as last amended by Council Decision 97/158/EEC, amending the boundaries of the mountain and hill areas in France(13)), which list is contained in Council Directive 84/169/EEC(14) as amended by Commission Decision 91/25/EEC(15).
3. In Schedule 1—
(a)any reference to a given unit of measurement includes (where appropriate to the circumstances) a reference to a fraction of that unit; and
(b)where (in accordance with sub-paragraph (a) above) a reference to a given unit of measurement is a reference to a fraction thereof, any reference to a payment rate in relation to the given unit of measurement shall be adjusted in proportion to the fraction concerned.
Regulation 2
| (1) | (2) |
|---|---|
| Regulations Revoked | References |
| The Countryside Stewardship Regulations 1996 | S.I. 1996/695 |
| The Countryside Stewardship (Amendment) (Extension to the Isles of Scilly) Regulations 1996 | S.I. 1996/1481 |
| The Countryside Stewardship (Amendment) (No. 2) Regulations 1996 | S.I. 1996/3123 |
| The Countryside Stewardship (Amendment) Regulations 1997 | S.I. 1997/1827 |
(This note is not part of the Regulations)
These Regulations, which apply to England (including the Isles of Scilly), revoke and replace the Countryside Stewardship Regulations 1996 (S.I. 1996/695) and all amending Regulations (1996/1481, S.I. 1996/3123 and S.I. 1997/1827) which make provision supplementing Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p.85), as amended by Commission Regulation (EC) No. 2772/95 (OJ No. L288, 1.12.95, p.35) which was in turn amended by Commission Regulation (EC) No. 1962/96 (OJ No. L259, 12.10.96, p.7) on agricultural methods compatible with the requirements of the protection of the environment and the maintenance of the countryside. The provisions of the instruments revoked are consolidated in these Regulations.
These Regulations provide for payments of grant to be made at any time during or after the agreement year (regulation 7(1) and (2) (payment of grant)), to any person who enters a stewardship agreement with the Minister requiring him to carry out an activity which is conducive to a specified purpose (as defined in regulation 3(1)) on land in which he has an interest (regulations 4 and 5). A stewardship agreement may be either a standard agreement or a special project agreement (regulation 4(4)).
These Regulations introduce provisions for the payment of grant in relation to arable farmland in specific areas of England, defined by reference to maps contained in a publication entitled “Countryside Stewardship Scheme—Arable Farmland Pilot Areas”, which is available for inspection during normal working hours at the offices of the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3HX (paragraph 9 of Part I of Schedule 1, and Part IV of that Schedule defining “pilot area”).
These Regulations also provide for the payment of grant to any person who entered a stewardship agreement with the Countryside Commission provided that the Minister has assumed liability for that agreement (regulations 3(1) and 5).
The maximum grant payments for activities required by a standard agreement are specified in Schedule 1 to the Regulations.
These Regulations also provide for the withholding and recovery of aid together with interest, the imposition of penalties and the termination of stewardship agreements (regulations 10, 11 and 12).
No regulatory appraisal has been prepared in respect of these Regulations.
S.I. 1972/1811.
1995 c. 25; section 98(5) contains a definition of the appropriate Minister; for the application of section 98 to the Isles of Scilly, see section 117 of the Environment Act 1995 (c. 25) and the Environment Act 1995 (Isles of Scilly) Order 1996 (S.I. 1996/1030).
OJ No. L102, 25.4.96, p.19.
OJ No. L67, 7.3.97, p.2.
OJ No. L215, 30.7.92, p.85.
OJ No. L288, 1.12.95, p.35.
OJ No. L 259, 12.10.96, p.7.
1949 c. 97 (12, 13 and 14 Geo 6); section 1 was substituted by the Environmental Protection Act 1990 (c. 43), section 130 and Schedule 8, paragraph 1.
1968 c. 41; section 4 was amended by the Wildlife and Countryside Act 1981 (c. 69), section 40, the Environmental Protection Act 1990 (c. 43), section 130 and Schedule 8, paragraph 2(4) and the Environment Act 1995, section 78 and Schedule 10, paragraph 8(1).
OJ No. L128, 19.5.75, p.1.
OJ No. L97, 1.3.97, p.64.
OJ No. L82, 26.3.84, p.67.
OJ No. L16, 22.1.91, p.25.