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The Environmentally Sensitive Areas (South Wessex Downs) Designation Order 1993

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Article 6(2)

SCHEDULE 2ADDITIONAL PROVISIONS

Option 1—Downland Turf Creation

1.  As regards any land which is the subject of an agreement which is suitable for the creation of downland turf 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 12 months of the start of the agreement using seed from species approved by the Minister;

(2) during a period of 12 months from the start of the agreement, the farmer shall not apply–

(a)any organic or inorganic 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 the farmer shall–

(a)cut the grass for hay or silage between 30th April and 1st July in each year and graze the aftermath, and

(b)cultivate using only a chain harrow or roller.

(4) the farmer shall observe the requirements of paragraph 1(1) to (13) inclusive of Schedule 1 from the start of the agreement. After the expiry of the 12-month period referred to in paragraph 1(1) above, he shall observe the requirements of paragraph 1(14) and paragraph 3(3) and (4) of Schedule 1, and after the expiry of the three-year period referred to in paragraph 1(3) above, he shall also observe the requirements of paragraph 3(1) and (2) of Schedule 1.

Option 2—Permanent Grassland Reversion

2.  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 12 months of the start of the agreement using seed from species approved by the Minister;

(2) during a period of 12 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 the Minister’s prior written approval.

(3) the farmer shall observe the requirements of paragraph 1(1) to (13) inclusive of Schedule 1 from the start of the agreement. After the expiry of the 12-month period referred to in paragraph 2(1) above, he shall also observe the requirements of paragraph 1(14) of Schedule 1 and paragraph 2 of that Schedule.

Option 3—Conservation Headlands

3.  As regards any strip which is the subject of an agreement–

(1) the farmer shall not apply insecticides except between 31st August in any year and the following 1st January;

(2) the farmer shall not apply herbicides other than–

(a)Tri-allate, diclofop-methyl, difenzoquat, flamprop-M-isopropyl or fenoxapro pethyl;

(b)Glyphosate, provided that it is applied in the pre-harvest period by spot treatment and solely for the control of couch, black bent or onion couch;

(c)Fluroxypyr, provided it is applied by spot treatment and solely for the control of cleavers; or

(d)any other herbicide applied by any method which the Minister may from time to time approve for this purpose;

(3) the farmer may cultivate and apply herbicides to that part of the strip which adjoins a field boundary where it is desirable so to do in order to maintain a sterile area;

(4) the farmer shall not roll the strip from 10th April in any year until after the adjoining cereal crop has been harvested.

Option 4—Permanent Grassland Enhancement

4.  As regards any permanent grassland 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 exclude stock at least seven weeks before the first cut for hay or silage;

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

(4) the farmer shall not top or cut the grass before 1st July or after 31st August in any year;

(5) in relation to any grassland which has not been cut for hay or silage, the farmer shall either top one half of that grassland each year, or shall top the whole of the grassland once in every two years;

(6) the farmer shall observe the requirements of Schedule 1, paragraph 1 and Schedule 1, paragraph 2(1) to (6) inclusive.

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