The Environmentally Sensitive Areas (North Kent Marshes) Designation Order 1993

Article 4

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AGREEMENT

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 between 31st March and 1st July in any year and at other times shall cultivate using only a chain harrow or roller;

(2) the farmer shall graze with cattle or sheep or both, or with horses in conjunction with cattle or sheep or both, but not so as to cause poaching, overgrazing or undergrazing. He shall not exceed a stocking density of 0.75 livestock units per hectare between 31st March and 1st June in any year;

(3) the farmer shall not top or cut the grass for hay or silage before 1st July in any year;

(4) the farmer shall wilt and turn grass cut for silage before removal and shall graze the aftermath;

(5) the farmer shall restrict supplementary feeding of livestock to areas agreed in advance with the Minister;

(6) the farmer shall not apply inorganic or organic fertiliser except farmyard manure produced on his farm;

(7) the farmer shall not increase his existing application rate of farmyard manure and in any event shall not apply more than 12.5 tonnes per hectare in any year. He shall not apply farmyard manure between 31st March and 1st June in any year and at other times shall apply it in a single dressing;

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

(9) the farmer shall not use insecticides or fungicides;

(10) the farmer shall not apply herbicides except to control nettles, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort. Herbicides used for these purposes shall be applied by means of a hand-held weed wiper or by spot treatment with a knapsack sprayer;

(11) the farmer shall not fill in ditches, dykes, rills or hollows;

(12) the farmer shall maintain existing water levels in ditches and dykes;

(13) the farmer shall maintain ditches and dykes in rotation by mechanical means. He shall dry spoil and spread it adjacent to the ditch or dyke;

(14) the farmer shall not install any new land drainage system and shall not modify any existing land drainage system so as to bring about improved drainage;

(15) the farmer shall retain and manage ponds and reedbeds;

(16) the farmer shall maintain gates, gateways and wing fences;

(17) the farmer shall retain and manage hedges, trees and treelines. He shall maintain stockproof hedges in a stockproof condition using traditional methods;

(18) the farmer shall not plant any trees, hedges or woodland without the Minister’s prior written approval;

(19) the farmer shall maintain any weatherproof traditional farm buildings for which he is responsible in a weatherproof condition using traditional methods;

(20) the farmer shall not damage, destroy or remove any feature of archaeological or historic interest;

(21) the farmer shall obtain written advice on siting and materials before constructing buildings or roads or before undertaking any other engineering or construction works 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.

Article 6(2)

SCHEDULE 2 ADDITIONAL PROVISIONS—I

As regards all land which is the subject of an agreement—

(1) the farmer shall maintain water levels in ditches and dykes at not more than 30 centimetres below mean field level from 1st May until 30th November in any year;

(2) the farmer shall maintain water levels in ditches and dykes at not less than mean field level (so as to create shallow pools) from 1st December in any year until the following 30th April;

(3) except under flood warning conditions, the farmer shall not let water out of ditches and dykes until the levels described in subparagraph (2) above have been achieved.

Article 6(2)

SCHEDULE 3 ADDITIONAL PROVISIONS—II

As regards any land which is the subject of an agreement which is suitable for reversion to permanent grassland and which on 31st August 1992 was in arable cropping or had been in ley management for less than five years as part of an arable rotation—

(1) the farmer shall cease arable or ley grassland production and shall establish a grassland sward within twelve months of the start of the agreement using seed from species approved by the Minister;

(2) during a period of twelve months from the start of the agreement the farmer shall not apply—

(a) any inorganic or organic fertiliser,

(b) lime, slag or any other substance designed to reduce the acidity of the soil, or

(c) any fungicide, insecticide or herbicide,

without obtaining the Minister’s prior written approval;

(3) during each of the three years following grassland establishment, but not before 1st July in any year, the farmer shall cut the grass, remove the cuttings as hay and graze the aftermath;

(4) the farmer shall observe the requirements of subparagraphs (11) to (21) inclusive of Schedule 1 from the start of the agreement, and after the expiry of the twelve month period referred to in subparagraph (1) above, he shall in addition observe the other requirements of that Schedule.

Article 6(3)

SCHEDULE 4 CONSERVATION PLAN OPERATIONS

1.  The construction of bunds or sluices, or other works designed to control water levels.

2.  The restoration of ditches and dykes.

3.  The restoration of ponds.

4.  The construction or reconstruction of culverts.

5.  The gapping up, laying or coppicing of hedges.

6.  Works to protect historic and archaeological features.

(1)

S.I.1988/1813. The relevant amending instrument is S.I.1991/2805.