The Environmentally Sensitive Areas (Exmoor) Designation Order 1993

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 not devote a larger area of land to the growing of arable crops than that in use for such crops on 31st August 1992;

(2) the farmer shall not remove hedges, walls or banks, or any part thereof;

(3) the farmer shall maintain stockproof hedges, banks and walls in a stockproof condition using traditional materials;

(4) the farmer shall not erect any permanent fences, other than for hedgerow protection, without the Minister’s prior written approval;

(5) the farmer shall maintain the banks and margins of streams, watercourses, ditches, ponds and other wetland features by mechanical means;

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

(7) within two years of the start of the agreement, the farmer shall obtain from a person approved by the Minister written advice on the management of existing woodland and on proposals to plant any new woodland. The farmer shall retain and manage individual trees and groups of trees;

(8) the farmer shall not plant any new woodland, trees or hedges, construct ponds or remove scrub, without the Minister’s prior written approval;

(9) the farmer shall not increase existing stocking levels or supplementary feeding levels in woodland areas

(10) the farmer shall undertake control of bracken in accordance with a programme agreed in writing in advance with the Minister. Control shall be by means of asulam where mechanical means cannot be used;

(11) the farmer shall dispose of sheep dip safely and shall not spread it where it may affect areas of nature conservation value;

(12) the farmer shall not plant any game cover crops without the Minister’s prior written approval;

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

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

(15) the farmer shall ensure that stock removed from the land do not graze areas of common which are not subject to an agreement;

(16) the farmer shall obtain written advice on siting and materials from the Minister 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.

2.  As regards any improved permanent grassland which is the subject of an agreement, the farmer shall not increase existing application rates of inorganic or organic fertiliser.

3.  As regards any enclosed unimproved permanent grassland which is the subject of an agreement—

(1) the farmer shall identify such land and shall maintain it as such for the length of the agreement;

(2) the farmer shall maintain the land and shall not excavate, plough, level, reseed, chain harrow, roll or otherwise cultivate. He shall not engage in any other form of mechanical operation between 31st March and 1st July in any year;

(3) the farmer shall not apply inorganic or organic fertiliser;

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

(5) the farmer shall graze with livestock but not so as to cause poaching, overgrazing or undergrazing;

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

(7) the farmer shall not apply herbicides except to control bracken, nettles, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort or to carry out stump treatment of cleared scrub. Except in the case of bracken, herbicides used for these purposes shall be applied by weed wiper or by spot treatment;

(8) the farmer shall not provide supplementary feed without the Minister’s prior written approval.

4.  As regards any moorland which is the subject of an agreement—

(1) the farmer shall maintain the land and shall not excavate, plough, level, reseed, chain harrow, roll or otherwise cultivate;

(2) the farmer shall not apply inorganic or organic fertiliser;

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

(4) the farmer shall graze with livestock but not so as to cause paoching, undergrazing or overgrazing;

(5) the farmer shall not increase existing stocking levels without the Minister’s prior written approval;

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

(7) the farmer shall not apply herbicides except to control bracken, nettles, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort or to carry out stump treatment of cleared scrub. Except in the case of bracken, herbicides used for these purposes shall be applied by weed wiper or by spot treatment;

(8) the farmer shall not provide supplementary feed except with the Minister’s prior written approval and shall restrict the provision of such feed to areas agreed in advance with the Minister. He shall use as supplementary feed only hay, mineral blocks of feed blocks;

(9) within one year of the start of the agreement, the farmer shall agree with the Minister a programme for any necessary management of moorland vegetation;

(10) the farmer shall agree any plan for temporary fencing in writing in advance with the Minister;(11)the farmer shall ensure by adequate stock management that livestock do not concentrate on or adjacent to vulnerable areas of heather, including heather margins and recently burnt heather, and that light grazing levels are maintained.

5.  As regards any heather moorland or coastal heath which is the subject of an agreement—

(1) the farmer shall not increase existing stocking levels and in any event shall not exceed a stocking level of 0.225 livestock units per hectare in any year;

(2) the farmer shall not graze cattle from 1st November in any year until the following 15th April and shall graze ponies only with the Minister’s prior written approval;

(3) the farmer shall not exceed a stocking level of 1 ewe per hectare from 1st November in any year until the following 15th April;

(4) the farmer shall not provide supplementary feed for livestock, except that in emergency conditions he may provide hay;

(5) the farmer shall not provide mineral or feed blocks for livestock;

(6) the farmer shall observe the provisions of paragraph 4 above.

Article 6(2)

SCHEDULE 2 ADDITIONAL PROVISIONS—I

As regards any heather moorland or coastal heath which is the subject of an agreement—

(1) the farmer shall not exceed a stocking level of 0.1 livestock units per hectare from 16th April until 31st October in any year;

(2) the farmer shall remove all livestock other than pure-bred Exmoor ponies from 1st November in any year until the following 15th April.

Article 6(2)

SCHEDULE 3 ADDITIONAL PROVISIONS—II

As regards any managed woodland which is the subject of an agreement, the farmer shall provide alternative grazing and shelter for livestock displaced from the land.

Article 6(3)

SCHEDULE 4 ADDITIONAL PROVISIONS—III

As regards any stockproof hedgerows which are the subject of an agreement, the farmer shall carry out a programme agreed in writing in advance with the Minister for the management of stockproof hedgerows by traditional means.

Article 6(4)

SCHEDULE 5 CONSERVATION PLAN OPERATIONS

1.  The planting or laying of hedges.

2.  The rebuilding of walls using traditional materials.

3.  The renovation of traditional farm buildings using traditional materials.

4.  The reversion of land to moorland, or the environmental improvement of moorland.

5.  The control of bracken, scrub or rhododendron.

6.  Works to protect historic and archaeological features.

(1)

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