The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1992

Title and commencement

1.  This Order may be cited as the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1992 and shall come into force on 5th February 1992.

Interpretation

2.—(1) In this Order–

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

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

“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland and rough grazing.

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

Designation of environmentally sensitive area

3.  There is hereby designated as an environmentally sensitive area the area of the land in the Somerset Levels and Moors in the County of Somerset which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Somerset Levels and Moors environmentally sensitive area” dated 13th January 1992 signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW 1P 3HX.

Requirements and provisions of agreement

4.  An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.

Breach of requirements or provisions

5.  An agreement shall include provisions that–

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

(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 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 1950(1) or any statutory modification or re-enactment thereof for the time being in force.

Rates of payment under agreement

6.—(1) The Minister shall make payments under an agreement at the rate of £120 per annum for each hectare of grassland to which the agreement relates.

(2) Where an agreement includes the additional provisions specified in Schedule 2, 3 or 4, the Minister shall make payments at the rate perannum for each hectare of land which under the agreement is subject to those additional provisions shown in the following table–

	£ per hectare of land per annum
Schedule 2	180
Schedule 3	70
Schedule 4	350

(3) Where an agreement includes one or more of the conservation plan operations specified in Schedule 5, the Minister shall make payments according to the operations which are carried out at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3000 per agreement.

Revocation and saving

9.  The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1986(2) is hereby revoked, except that the provisions of that Order shall continue to apply to agreements made in relation to it on or before 31st December 1991.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th January 1992.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

We consent

Thomas Sackville

Nicholas Baker

Two of the Lords Commissioners of Her Majesty’s Treasury

15th January 1992