The Environmentally Sensitive Areas (Breadalbane) Designation Order 1992

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;

“amenity woodland” means woodland planted and maintained primarily for improvment of the landscape;

“conservation plan” means a layout plan (or plans) which categorises all the land on the farm, identifies areas subject to specific management measures and indicates the lines or sites of features to be protected or maintained and an attached (written) statement which outlines the specific management measures to be taken to protect or enhance the areas identified in the plan (or plans);

“enclosed land” means agricultural land enclosed by fences, hedges, walls or dykes for the closely controlled grazing of livestock, cropping or the maintenance of farm woodland;

“farm business” means a business or part of a business which engages in agricultural production for the purposes of trade;

“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;

“grazing plan” means a written description of the time, duration and density at which livestock will be permitted access to grazing land and the action required to achieve such access;

“herb rich unimproved pasture and grassland” means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing, but which is floristically diverse;

“long-standing reverted improved land” means land, previously improved by agricultural management operations which, from an agricultural viewpoint, has degenerated over many years and is now showing significant presence of plant species indicative of unimproved grassland;

“make muirburn” has the same meaning as in section 39(1)(f) of the Hill Farming Act 1946((1));

“native woodland” means self-seeded woodland of native species or woodland derived from an originally naturally occurring woodland;

“overgrazing” means a deterioration in the condition of heather and/or other dwarf shrubs associated with moorland vegetation which has been caused by too high a level of grazing either throughout the whole year or at certain vulnerable times of the year;

“regeneration” means the perpetuation of vegetation through self-seeding or vegetation growth;

“rough grazings” means heathland or moorland used for grazing purposes;

“scrub” means low growing woody vegetation;

“stone fanks” means small enclosures formed by drystane dykes used to gather or shelter stock;

“unimproved pasture” means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing;

“water margins” means an area of ground bordering an area of still or flowing water;

“wetlands” 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.

(1)

1946 c. 73.