Environmentally Sensitive Areas Designation Order (Northern Ireland) 2001

Article 3

SCHEDULE 1 Designation of environmentally sensitive areas

1.  That area of land in County Down which is shown coloured green on the map marked “Map of Mourne Mountains and Slieve Croob Environmentally Sensitive Area” dated 5th July 2001, sealed with the Official Seal of the Department and deposited at the offices of the Department at Dundonald House, Upper Newtownards Road, Belfast BT4 3SB.

2.  That area of land in County Antrim which is shown coloured green on the map marked “Map of Antrim Coast, Glens and Rathlin Environmentally Sensitive Area” dated 5th July 2001, sealed with the Official Seal of the Department and deposited at the offices of the Department at Dundonald House, Upper Newtownards Road, Belfast BT4 3SB.

3.  That area of land in County Fermanagh which is shown coloured green on the map marked “Map of West Fermanagh and Erne Lakeland Environmentally Sensitive Area” dated 5th July 2001, sealed with the Official Seal of the Department and deposited at the offices of the Department at Dundonald House, Upper Newtownards Road, Belfast BT4 3SB.

4.  That area of land in County Armagh which is shown coloured green on the map marked “Map of Slieve Gullion Environmentally Sensitive Area” dated 5th July 2001, sealed with the Official Seal of the Department and deposited at the offices of the Department at Dundonald House, Upper Newtownards Road, Belfast BT4 3SB.

5.  That area of land in County Tyrone and County Londonderry which is shown coloured green on the map marked “Map of Sperrins Environmentally Sensitive Area” dated 5th July 2001, sealed with the Official Seal of the Department and deposited at the offices of the Department at Dundonald House, Upper Newtownards Road, Belfast BT4 3SB.

Article 4(1)

SCHEDULE 2 Requirements to be included in an Agreement

1.  The farmer shall—

(a) prepare and follow a nutrient management plan;

(b) retain and not damage any habitat, landscape or water feature, or heritage feature;

(c) retain existing field boundaries and not remove any hedge, tree, copses, scrub, ditch, dyke or wall or any part thereof, except with the prior written permission of the Department;

(d) maintain open drains and sheughs in accordance with the written advice of the Department;

(e) keep the eligible land free from rubbish and litter;

(f) seek the permission of the Department before undertaking work which may have a detrimental impact on any habitat, landscape feature or heritage feature;

(g) comply with the Codes of Good Agricultural Practice for the protection of—

(i) soil(1);

(ii) air(2); and

(iii) water(3),

published by the Department; and

(h) comply with the Good Farming Practice for the Environment(4) published by the Department.

2.  The farmer shall not—

(a) increase the overall stocking density on lands owned or occupied by him for the purpose of his farm business to a level above that which existed on average in the year preceding the year in which the agreement is made unless permitted to do so by the Department to achieve environmental objectives;

(b) in any year apply nitrogen at a rate exceeding 260 kilogrammes per hectare from either organic or inorganic sources;

(c) undertake ploughing, levelling or reseeding of unimproved land, or any semi-natural grassland;

(d) apply weed control on unimproved land or any habitat other than by spot treatment or weed wiper for noxious weeds;

(e) undertake any land reclamation or install new underdrainage or substantially modify the existing drainage system;

(f) apply lime to any habitat unless with prior written approval of the Department;

(g) cause severe damage to vegetation by poaching or repeated vehicular access, (including all terrain vehicles) nor graze land with livestock in such numbers as adversely to affect the growth quality or species composition of vegetation (other than vegetation normally grazed to destruction) to a significant degree;

(h) carry out any activity or deposit on, or extract from the land, any article, material or substance in a manner likely to detract significantly from the natural beauty of the land or damage or destroy flora or fauna or materially alter the geological or physiographical features of the land; or

(i) realign, dredge or dam any watercourse nor alter the water levels within any existing water feature without the prior agreement of the Department.

Article 4(2)

SCHEDULE 3 Unimproved Land, Improved Land and Arable Land—Maximum Payment Rates under Article 4(2)

Column I	Column 2
Type of Land	Maximum Payment Rate
(a) Unimproved land.	£30 per hectare per annum.
(b) Improved land.	£25 per hectare per annum.
(c) Arable land.	£25 per hectare per annum.

Article 4(3) and (4)

SCHEDULE 4 Additional matters in respect of which the Department may make payments

Column 1	Column 2
Matter	Maximum Payment Rate
1.  In relation to semi-natural grassland—
(a) management of species rich hay meadows;	£150 per hectare per annum.
(b) management of species rich grassland;	£110 per hectare per annum.
(c) management of species rich acid grassland of 10 hectares or less;	£70 per hectare per annum.
(d) management of species rich acid grassland of over 10 hectares up to and including 50 hectares;	£35 per hectare per annum.
(e) management of species rich acid grassland of over 50 hectares.	£20 per hectare per annum.
2.  In relation to wetlands—
(a) management of lowland wet grassland, fen, swamp, carr and reed beds;	£110 per hectare per annum.
(b) management of lowland wet grassland to enhance numbers of breeding waders.	£150 per hectare per annum.
3.  In relation to upland breeding wader sites—
(a) management of upland breeding wader sites where there is a restricted grazing period;	£75 per hectare per annum.
(b) management of upland breeding wader sites where there is a closed grazing period.	£105 per hectare per annum.
4.  In relation to moorland—
(a) management of heather moorland of 100 hectares or less;	£50 per hectare per annum.
(b) management of heather moorland over 100 hectares up to and including 200 hectares;	£25 per hectare per annum.
(c) management of heather moorland over 200 hectares;	£10 per hectare per annum.
(d) management of rough moorland grazing of 20 hectares or less;	£20 per hectare per annum.
(e) management of rough moorland grazing over 20 hectares up to and including 100 hectares;	£10 per hectare per annum.
(f) management of rough moorland grazing of more than 100 hectares;	£5 per hectare per annum.
(g) reduction of number of suckler cows on heather moorland;	£250 per suckler cow removed per annum.
(h) reduction of number of ewes on heather moorland.	£30 per ewe removed per annum.
5.  In relation to lowland raised bogs—
(a) management of lowland raised bog of 100 hectares or less;	£50 per hectare per annum.
(b) management of lowland raised bog of over 100 up to and including 200 hectares;	£25 per hectare per annum.
(c) management of lowland raised bog over 200 hectares.	£10 per hectare per annum.
6.  In relation to broadleaved farm woodland and farm scrub—
(a) management of broadleaved farm woodland;	£95 per hectare per annum.
(b) management of farm scrub.	£30 per hectare per annum.
7.  In relation to coastal farmland—
management of coastal farmland.	£80 per hectare per annum.
8.  In relation to archaeological features—
management of archaeological features.	£80 per 0.25 hectare or part thereof per annum up to 1.5 hectares and £20 per 0.25 hectare or part thereof per annum thereafter.
9.  In relation to parkland—
management of parkland.	£50 per hectare per annum.
10.  In relation to inter-drumlin loughs—
(a) management of improved land riparian to inter-drumlin loughs (including inflowing watercourses);	£45 per hectare per annum.
(b) management of unimproved land riparian to inter-drumlin loughs (including inflowing watercourses);	£40 per hectare per annum.
(c) management of buffer strips of improved land adjacent to inter- drumlin loughs;	£385 per hectare per annum.
(d) management of buffer strips of unimproved land adjacent to inter-drumlin loughs.	£345 per hectare per annum.
11.  In relation to chough feeding sites—
(a) management of unimproved land;	£55 per hectare per annum.
(b) management of improved land;	£55 per hectare per annum.
(c) retention of winter stubble.	£50 per hectare per annum.
12.  In relation to arable lands managed for wildlife—
(a) retention of winter stubble;	£50 per hectare per annum.
(b) conversion of improved land to spring cereals or oil-seed rape;	£90 per hectare per annum.
(c) establishment of wild bird cover crop on improved land;	£500 per hectare per annum.
(d) establishment of wild bird cover crop on arable land;	£490 per hectare per annum.
(e) creation of a rough grass field margin;	£515 per hectare per annum.
(f) establishment of a conservation crop margin.	£100 per hectare per annum.
13.  In relation to winter feeding sites for migratory swans and geese—
(a) management of improved land for winter feeding of migratory swans and geese of 5 hectares or less;	£110 per hectare per annum.
(b) management of improved land for winter feeding of migratory swans and geese over 5 hectares and up to and including 25 hectares;	£55 per hectare per annum.
(c) management of improved land for winter feeding of migratory swans and geese over 25 hectares;	£25 per hectare per annum
(d) management of arable land for winter feeding of migratory swans and geese of 5 hectares or less;	£195 per hectare per annum
(e) management of arable land for winter feeding of migratory swans and geese over 5 hectares and up to and including 25 hectares;	£95 per hectare per annum
(f) management of arable land for winter feeding of migratory swans and geese over 25 hectares.	£45 per hectare per annum
14.  In relation to lapwing breeding sites—
(a) management of improved land for lapwing breeding;	£160 per hectare per annum.
(b) management of unimproved land for lapwing breeding.	£130 per hectare per annum.
15.  In relation to traditional orchards—
(a) restoration of traditional orchards eligible for restoration;	£260 per hectare per annum.
(b) recreation of traditional orchards eligible for recreation.	£380 per hectare per annum.
16.  In relation to buffer strips adjacent to an Area of Special Scientific Interest, National Nature Reserve, Natura 2000 site, watercourse, lake or woodland—
(a) management of a buffer strip on improved land;	£385 per hectare per annum.
(b) management of a buffer strip on unimproved land.	£345 per hectare per annum.
17.  In relation to heather regeneration—
(a) burning of heather;	£60 per hectare per annum.
(b) flailing of heather.	£45 per hectare per annum.
18.  In relation to bracken—
(a) control of bracken by tractor spraying;	£140 per hectare per annum.
(b) control of bracken by knapsack spraying.	£220 per hectare per annum.
19.  In relation to rhododendron— control of rhododendron.	£390 per hectare per annum.
20.  In relation to scrub— control of scrub.	£95 per hectare per annum.
21.  In relation to restoration of field boundaries—
(a) restoring 5 metres per hectare per year;	£40 per hectare per annum.
(b) restoring 10 metres per hectare per year.	£80 per hectare per annum.
22.  In relation to provision of native trees—
provision of native trees for areas less than 0.2 hectares.	£750 per hectare per annum.

Article 4(3) and (4)

SCHEDULE 5 Additional matters in respect of which the Department may make payments subject to an overall maximum

Column I	Column 2
Matter	Maximum Payment Rate
1.  Field boundaries—
(a) restoration of drystone wall—
(i) double skinned	£9·47 per square metre run
(ii) single skinned;	£6·31 per square metre run
(b) hedge restoration—
(i) laying	£2·55 per metre
(ii) coppicing	£0·93 per metre
(iii) interplanting/reinstatement;	£3·05 per metre
(c) reinstating sod banks.	£2·48 per metre
2.  Stiles—
(a) erection of 3 step stone stile;	£16·83 per stile
(b) erection of a free standing timber ladder.	£34·80 per metre
3.  Tree planting/management—
(a) tree/shrub planting;	£0·56 per plant
(b) installation of tree guard and stake;	£0·71 per tree guard and stake
(c) installation of spiral rabbit guard;	£0·18 per guard
(d) planting standard parkland trees;	£12·08 per tree
(e) tree surgery;	60% of cost approved by the Department
(f) pollarding.	60% of cost approved by the Department
4.  Orchards—
restorative pruning.	60% of cost approved by the Department
5.  Items to enhance wildlife value—
(a) installation of nest boxes;	£4·20 per box (Small) £6·00 per box (Large)
(b) installation of bat boxes;	£4·20 per box
(c) installation of red squirrel feeders.	£42·00 per feeder
6.  Structures/work to raise water levels.	60% of cost approved by the Department
7.  Creation of scrapes.	£1·25 per square metre surface area (to maximum of 100m2)
8.  Restoration of farm ponds.	60% of cost approved by Department
9.  Provision of alternative watering sites—
(a) installation of trough;	£30·00 per trough
(b) installation of up to 150 metres of pipeline;	£0·92 per metre
(c) installation of over 150 metres of pipeline.	£0·80 per metre
10.  Restoration of traditional and heritage features—
(a) restoration of traditional farm buildings;	60% of cost approved by the Department
(b) restoration of features of historic interest;	60% of cost approved by the Department
(c) restoration of traditional gates;	£21·00 per metre (wooden) £45·00 per metre (metal) £24·00 per metre (composite)
(d) restoration of traditional pillars and posts—
rebuilding pillar;	£90·00 per pillar
rebuilding pillar cap;	£18·00 per pillar cap
repointing pillar cap;	£34·00 per pillar
replastering pillar cap;	£18·00 per pillar
provision of wooden post;	£13·20 per post
provision of stone post.	£60·00 per post
11.  Erection of protective fencing—
(a) 3 line strained wire;	£1·06 per metre
(b) additional line wire;	£0·08 per metre
(c) woven wire;	£1·16 per metre
(d) woven wire (heavy pattern);	£1·61 per metre
(e) proofing against rabbits and hares;	£0·88 per metre
(f) timber stiles—
(i) single step;	£11·27 per stile
(ii) double step;	£17·34 per stile
(iii) vertical stile;	£28·94 per stile
(g) protection for planting parkland trees.	£46·30 (1.8 m square) per guard £75·38 (3.6 m triangular) per guard £91·98 (3.6 m square) per guard

Article 5

SCHEDULE 6 Revocations

Column 1	Column 2
Number	Title
S.R. 1993 No. 178	Environmentally Sensitive Areas (Mourne Mountains and Slieve Croob ) Designation Order (Northern Ireland) 1993
S.R. 1993 No. 179	Environmentally Sensitive Areas (Antrim Coast, Glens and Rathlin) Designation Order (Northern Ireland) 1993
S.R. 1993 No. 180	Environmentally Sensitive Areas (West Fermanagh and Erne Lakeland) Designation Order (Northern Ireland) 1993
S.R. 1994 No. 212	Environmentally Sensitive Areas (Slieve Gullion) Designation Order (Northern Ireland) 1994
S.R. 1994 No. 213	Environmentally Sensitive Areas (Sperrins) Designation Order (Northern Ireland) 1994
S.R. 1994 No. 375	Environmentally Sensitive Areas (Mourne Mountains and Slieve Croob) Designation (Amendment) Order (Northern Ireland) 1994
S.R. 1994 No. 376	Environmentally Sensitive Areas (Antrim Coast, Glens and Rathlin) Designation (Amendment) Order (Northern Ireland) 1994
S.R. 1994 No. 377	Environmentally Sensitive Areas (West Fermanagh and Erne Lakeland) Designation (Amendment) Order (Northern Ireland) 1994
S.R.1995 No. 179	Environmentally Sensitive Areas (Sperrins) Designation (Amendment) Order (Northern Ireland) 1995
S.R. 1997 No. 297	Environmentally Sensitive Areas (Antrim Coast, Glens and Rathlin) Designation (Amendment) Order (Northern Ireland) 1997
S.R. 1997 No. 298	Environmentally Sensitive Areas (Slieve Gullion) Designation (Amendment) Order (Northern Ireland) 1997
S.R. 1997 No. 299	Environmentally Sensitive Areas (Mourne Mountains and Slieve Croob) Designation (Amendment) Order (Northern Ireland) 1997
S.R. 1997 No. 300	Environmentally Sensitive Areas (West Fermanagh and Erne Lakeland) Designation (Amendment) Order (Northern Ireland) 1997
S.R. 1997 No. 301	Environmentally Sensitive Areas (Sperrins) Designation (Amendment) Order (Northern Ireland) 1997

(1)

Soil ISBN 1 85527 1591 (1995)

(2)

Air ISBN 1 85527 1605, 1613, (1995)

(3)

Water ISBN 1 85527 057 9, 059 5, 112 5, 115, 114 1, 246 6, 351 9, 361 6 (1991-1999)

(4)

ISBN 1 855 472 8