The Agriculture Act 1986 (Amendment) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

Section 18 of the Agriculture Act 1986 (“the 1986 Act”) gives the Minister of Agriculture, Fisheries and Food in relation to an area in England, and the Secretary of State in relation to an area in Wales or Scotland (“the Minister”) power to designate areas as environmentally sensitive areas where it appears to them particularly desirable to conserve, protect or enhance environmental features in that area by the maintenance or adoption of particular agricultural methods. 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 by which that person agrees in consideration of payments to be made by the Minister to manage land in accordance with the agreement.

These Regulations amend section 18 of the 1986 Act and form part of the programme to implement Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p. 85) on agricultural production methods compatible with the requirements of protection of the environment and the maintenance of the countryside (“the Agri-environment Regulation”), as last amended by Commission Regulation (EC) No. 2772/95 (OJ No. L288, 1.12.95, p. 35).

These Regulations make provision to implement Commission Regulation (EC) No. 746/96 (OJ No. L102, 25.4.96, p. 19) (“the Commission Regulation”) laying down detailed rules for the application of the Agri-environment Regulation, as now amended by Commission Regulation (EC) No. 435/97 (OJ No. L67, 7.3.97, p. 2). The Regulations implement Article 10 (which prevents duplication of aid under Community schemes in respect of an undertaking) and Article 20 (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations) of the Commission Regulation by enabling the Minister to insert penalty and withholding provisions in agreements made under section 18(3) of the 1986 Act.

No Compliance Cost Assessment has been prepared in relation to these Regulations.