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

Statutory Instruments

1992 No. 53

AGRICULTURE

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

Made

15th January 1992

Laid before Parliament

15th January 1992

Coming into force

5th February 1992

Whereas, as mentioned in section 18(1) of the Agriculture Act 1986(1), it appears to the Minister of Agriculture, Fisheries and Food ( “the Minister”) that it is particularly desirable–

(1) to conserve and enhance the natural beauty of the area referred to in article 3 of the following Order;

(2) to conserve the flora and fauna and geological and physiographical features of that area; and

(3) to protect buildings and other objects of historic interest in that area;

And whereas, as mentioned in the said section 18(1) it appears to the Minister that the maintenance and adoption of the agricultural methods specified in Schedule 1 to the following Order is likely to facilitate the aforementioned conservation, enhancement and protection;

Now, therefore, the Minister, in exercise of the powers conferred on him by section 18(1) and (4) of the said Act, and of all other powers enabling him in that behalf, with the consent of the Treasury and after consultation with the Secretary of State, the Countryside Commission and the Nature Conservancy Council for England(2) as to the inclusion of the area referred to in article 3 of this Order and the features of that area for which conservation, enhancement and protection are desirable, hereby makes the following Order:

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(3) 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(4) 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

Article 4

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1.  As regards all land which is the subject of an agreement–

(1) The farmer shall maintain grassland and shall not plough, level or reseed. He shall not cultivate except with a chain harrow or roller;

(2) The farmer shall graze with cattle or sheep but not so as to cause poaching, undergrazing or overgrazing;

(3) Where the farmer cuts grass for hay or silage, he shall graze the aftermath with livestock;

(4) The farmer shall not increase existing application rates of inorganic fertiliser and shall not in any event apply more than 75 kilogrammes of nitrogen, 37.5 kilogrammes of phosphate or 37.5 kilogrammes of potash per hectare per year. He shall not increase existing application rates of organic fertiliser produced on his own farm and shall not apply any other organic fertiliser;

(5) The farmer shall not use fungicides or insecticides;

(6) The farmer shall not apply herbicides except to control creeping buttercup, soft rush, nettles, spear thistle, creeping or field thistle, curled dock, broad-leaved dock or ragwort. Herbicides used for these purposes shall be applied by weed wiper or spot treatment;

(7) The farmer shall not apply lime, slag or any other substance designed to reduce the acidity of the soil;

(8) The farmer shall not use a sub-soiler or tunnel plough. The farmer shall not install under- drainage or mole drainage, nor substantially modify any existing drainage system;

(9) The farmer shall maintain by mechanical means any existing field gutters, surface piping, rig and furrow, ditch or rhyne and shall not install any additional surface piping or use herbicides to control plant growth;

(10) The farmer shall not use spray irrigation;

(11) The farmer shall maintain existing hedges, trees and pollarded willows in accordance with local custom;

(12) The farmer shall not plant any trees or allow the natural establishment of trees or bushes without the prior approval of the Minister;

(13) The farmer shall not damage or destroy any feature of historic interest;

(14) The farmer shall obtain from the Minister written advice on siting and materials before constructing buildings or roads or before undertaking any other engineering or construction operations which do not require prior notification determination by the local planning authority under the Town and Country Planning General Development Order 1988(5), or planning permission;

(15) The farmer shall maintain existing gates with wing fencing and shall not erect any permanent fencing without the Minister’s prior approval;

(16) The farmer shall maintain water levels in ditches and rhynes at or above the established penning level from 1st April until 31st October in any year and at or above the established winter level from 1st November in any year until the following 31st March. He shall maintain a minimum level of 15 centimetres of water in the bottom of ditches and rhynes at all times.

Article 6(2)

SCHEDULE 2 ADDITIONAL PROVISIONS—I

As regards any land which is the subject of an agreement–

1.  The farmer shall not use a chain harrow or roller between 31st March and 1st July in any year;

2.  The farmer shall not increase existing application rates of inorganic fertiliser and shall not in any event apply more than 25 kilogrammes of nitrogen, 12.5 kilogrammes of phosphate and 12.5 kilogrammes of potash per hectare per year;

3.  Where land has not been used solely for grazing, the farmer shall mow at least one third of the area of land each year (or shall mow the whole of the area during one year in every three years) but shall not do so before 1st July in any year and shall not graze the land before laying it up;

4.  The farmer shall not cut or top the grass after 31st August in any year;

5.  The farmer shall not graze with sheep between 1st September in any year and the following 1st March;

6.  The farmer shall not use herbicides to control creeping buttercup;

7.  The farmer shall ensure that water levels in ditches and rhynes are maintained at or above the established penning level or at not more than 45 centimetres below mean field level, whichever is the higher, from 1st April until 31st October in any year. He shall maintain water levels at or above the established winter level, from 1st November in any year until 31st March in the following year. The farmer shall maintain a minimum level of 30 centimetres of water in the bottom of ditches and rhynes at all times.

Article 6(2)

SCHEDULE 3 ADDITIONAL PROVISIONS—II

As regards any land which is the subject of an agreement which does not include the provisions of Schedule 4–

1.  The farmer shall maintain water levels in ditches and rhynes at not more than 30 centimetres below mean field level from 1st May until 30th November in any year and shall maintain water levels at mean field level (so as to cause conditions of surface splashing) from 1st December in any year until the following 30th April.

Article 6(2)

SCHEDULE 4 ADDITIONAL PROVISIONS—III

As regards any land which is the subject of an agreement–

1.  The farmer shall not carry out any mechanical operations on the land between 31st March and 1st July in any year;

2.  The farmer shall not apply inorganic fertiliser. He shall not apply farmyard manure except manure which has been produced on his farm and shall not apply more than 25 tonnes per hectare per year. He shall not apply slurry.

3.  The farmer shall not graze before 20th May in any year. Thereafter he shall graze only with cattle but he shall not exceed a grazing density of one animal per 0.75 hectares from 20th May until 8th July in any year and in any event he shall not graze the land in such a manner as to cause poaching, overgrazing or undergrazing;

4.  The farmer shall not make silage. Where land has not been used solely for grazing, the farmer shall mow at least one third of the area of land each year (or shall mow the whole of the area during one year in every three years) but shall not do so before 8th July in any year and shall not graze the land before laying it up;

5.  The farmer shall not cut or top the grass after 31st August in any year;

6.  The farmer shall not use herbicides to control creeping buttercup;

7.  The farmer shall maintain water levels in ditches and rhynes at not more than 30 centimetres below mean field level from 1st May until 30th November in any year and shall maintain water levels at mean field level (so as to cause conditions of surface splashing) from 1st December in any year until the following 30th April.

Article 6(3)

SCHEDULE 5 CONSERVATION PLAN OPERATIONS

1.  The planting, laying and coppicing of hedges.

2.  The re-introduction of pollarding management including the planting of willows for future pollarding.

3.  The renovation of shelter belts.

4.  The construction of water level penning structures such as bunds and sluices in order to raise water levels in rhynes and ditches.

5.  The reinstatement of ditches.

6.  The provision of timber gates and timber wing fencing.

7.  The removal offencing alongside ditches and rhynes.

8.  The removal of scrub.

9.  The construction or re-construction of culverts.

10.  The improvement of droves within raised water level areas.

11.  The conversion of arable land to permanent grassland for the purpose of including that land in an agreement.

12.  The creation or improvement of herb-rich meadows, ponds or scrapes.

13.  Works to protect historic and archaeological features.

14.  Works designed to restore or create landscape features or features for the benefit of wildlife in a manner compatible with the enhancement of the environment.

Explanatory Note

(This note is not part of the Order)

Section 18 of the Agriculture Act 1986 (“the 1986 Act”) gives the Minister of Agriculture, Fisheries and Food (“the Minister”) power to designate an area in England as an environmentally sensitive area where it appears to him particularly desirable to conserve, protect or enhance environmental features in that area by the maintenance or adoption of particular agricultural methods.

This Order, which complies with Title VII of Council Regulation (EEC) 2328/91 (OJ No. L 218, 6.8.91, p. 1) on improving the efficiency of agricultural structures, designates an area in the Somerset Levels and Moors as an environmentally sensitive area (article 3). The previous designation of an environmentally sensitive area in the Somerset Levels and Moors is revoked, though with savings provisions (article 7). The newly designated area is defined by reference to maps which are available for inspection during normal office hours at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX.

Section 18(3) of the 1986 Act enables the Minister to enter into a management agreement with any person having an interest in agricultural land in a designated area if the Minister considers that conservation of environmental features in that area may thereby be facilitated. The Order specifies requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in such an agreement (article 4 and Schedule 1).

The Order also contains provisions for recovery of sums paid under an agreement by the Minister in the event of a breach of the specified requirements, and for the determination by arbitration of any questionas to whether a breach of those requirements has occurred (article 5). The rates of payment to be made by the Minister under an agreement are set out (article 6) including the rates applicable to an agreement which contains additional provisions designed to attract higher rates of payment. These additional provisions are set out in Schedules 2, 3, 4 and 5.

(1)

1986 c. 49. The expression “the Minister” is defined in section 18(11).

(2)

The provisions in section 18 of the Agriculture Act 1986 concerning Nature Conservancy Councils were amended by Part VII of, and Schedule 9 to, the Environmental Protection Act 1990 (c. 43).

(3)

1950 c. 27.

(4)

S.I. 1986/2252, amended by S.I. 1988/176.

(5)

S.I. 1988/1813. The relevant amending instrument is S.I. 1991/2268.