The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 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(1), 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.

(1)

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