The Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 1988

Citation and commencement

1.  This Order may be cited as the Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 1988 and shall come into force on 14th April 1988.

Interpretation

2.—(1) In this Order—

“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as regards land in the area designated by article 3;

“apportioned machair” means common machair land which has been apportioned by the Crofters Commission for the exclusive use of a particular crofter under the provisions of section 27(7) of the Crofters (Scotland) Act 1955;((1))

“common grazings committee” means a committee appointed under section 24(1) or (3) of the Crofters (Scotland) Act 1955;

“conservation plan” means a layout plan of the land included in the agreement and an attached statement identifying relevant conservation features and setting out, as appropriate, details of how the requirements in the agreement will be implemented;

“cow” means a female bovine animal which has calved at least twice;

“croft” has the same meaning as in section 3(1) of the Crofters (Scotland) Act 1955((2));

“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Secretary of State;

“inbye land” means enclosed fields near the croft or farm buildings;

“land based improvement works” means sub-soiling, drainage, cultivation, fertilising and reseeding;

“livestock unit” means—

(a)

1 cow, or

(b)

1.25 bovine animals (other than cows) over two years old, or

(c)

1.6 bovine animals (other than cows) from one year old to two years old inclusive, or

(d)

2.5 bovine animals less than one year old, or

(e)

6.66 sheep;

“machair” means sandy plains formed when calcareous shell-sand has been blown over glacial deposits and peat;

“rotational pattern of cultivation” means a pattern of temporary and changing cultivation of unfenced strips within the wider area of the common machair;

“seasonal grazing period” means a period of grazing of the common machair during late autumn, winter and early spring between dates determined from time to time by the common grazings committee in accordance with the grazings regulations of the appropriate township;

“traditional share of the common machair” means that portion of the common machair which has been allocated over time to individual crofters or farmers for cropping purposes by the common grazings committee;

“under-sowing” means the sowing of a cereal crop with a grass seed mixture for grazing and cultivation in subsequent seasons;

“unimproved machair” means machair which has not been re-seeded and is still used in a rotational pattern of cultivation;

“wetland” means any ground which is normally saturated with water.

(2) Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.

Designation of environmentally sensitive area

3.  There is hereby designated as an environmentally sensitive area that area of land in the Western Isles known as the machair of the Uists and Benbecula, Barra and Vatersay and which is shown delineated red and coloured pink on the map marked “Environmentally Sensitive Area-Machair of the Uists and Benbecula, Barra and Vatersay” dated 2nd March 1988 and signed on behalf of the Secretary of State for Scotland and deposited at the offices of the Department of Agriculture and Fisheries for Scotland, Chesser House, Gorgie Road, Edinburgh.

Requirements to be included in agreement

4.—(1) An agreement with a crofter or farmer regarding his traditional share of the common machair shall include the requirements specified in Part I of the Schedule to this Order.

(2) An agreement with a common grazings committee regarding land in the common machair shall include the requirements specified in Part II of the Schedule to this Order.

(3) An agreement with a crofter or farmer regarding his inbye land or apportioned machair shall include the requirements specified in Part III of the Schedule to this Order.

Provisions as to breach of requirements to be included in agreement

5.  An agreement shall include provision that—

(a) in the event of a breach by the crofter, farmer or common grazings committee of the requirements referred to in article 4, the Secretary of State may give the crofter, farmer or common grazings committee notice in writing terminating the agreement forthwith and may recover from the crofter, farmer or common grazings committee an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify; and

(b) any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbiter to be agreed between the parties, or in default of agreement to be appointed by the Chairman for the time being of the Scottish Branch of the Royal Institution of Chartered Surveyors.

Rates of payment under agreement

6.—(1) Subject to paragraphs (2) and (3) below, payments made by the Secretary of State under an agreement with any crofter or farmer regarding his traditional share of the common machair, inbye land or apportioned machair shall be at the following rates:—

(a) £50 p er annum per hectare for the first 6 hectares of land;

(b) £40 per annum per hectare for the next 4 hectares of land;

(c) £30 per annum per hectare for the next 10 hectares of land;

(d) £25 per annum per hectare for any remaining land.

(2) The rates of payment under paragraph (1) above shall be subject to a maximum rate of £1,000 per annum for any one crofter or farmer.

(3) Payments to a crofter or farmer with less than 6 hectares of land shall be at the rate of £300 per annum.

7.—(1) Subject to paragraphs (2) and (3) below, payments made by the Secretary of State under an agreement with a common grazings committee regarding the common machair shall be at the following rates:—

(a) £10 per annum per hectare for the first 25 hectares of land;

(b) £5 per annum per hectare for any remaining land.

(2) The rates of payment under paragraph (1) above shall be subject to a maximum rate of £1,000 per annum for any one common grazings committee.

(3) Payments to a common grazings committee with less than 10 hectares of land shall be at the rate of £250 per annum.

8.  Where an agreement with a crofter or farmer regarding his inbye land or apportioned machair identifies in the conservation plan expenditure required to undertake additional agricultural operations as specified in paragraph 12 of Part III of the Schedule to this Order, the Secretary of State shall make additional payments according to the agricultural operations to be carried out. Such payments shall be either at a rate to be determined by the Secretary of State, up to a maximum rate of £100 per annum for each hectare of land to which the agreement relates, or at the rate of £1,000 per annum per crofter or farmer, whichever is the lower.

9.  Where an agreement with a common grazings committee identifies in the conservation plan expenditure required to undertake additional agricultural operations as specified in paragraph 6 of Part II of the Schedule to this Order, the Secretary of State shall make additional payments according to the agricultural operations to be carried out. Such payments shall be either at a rate to be determined by the Secretary of State, up to a maximum rate of £100 per annum for each hectare of land to which the agreement relates, or at the rate of £1,000 per annum for each common grazings committee, whichever is the lower.

Sanderson of Bowden

Minister of State, Scottish Office,

New St Andrew’s House,

Edinburgh

2nd March 1988

We consent,

Peter Lloyd

Michael Neubert

Two of the Lords Commissioners of Her Majesty’s Treasury

10th March 1988