The Environmentally Sensitive Areas (The Broads) Designation (Amendment) Order 1998

Statutory Instruments

1998 No. 1299

AGRICULTURE

The Environmentally Sensitive Areas (The Broads) Designation (Amendment) Order 1998

Made

19th May 1998

Laid before Parliament

27th May 1998

Coming into force

22nd June 1998

Whereas, pursuant to section 18(1) of the Agriculture Act 1986(1), the Minister of Agriculture, Fisheries and Food (“the Minister”) has by order designated an area in the Broads as an environmentally sensitive area;

Now, therefore, the Minister, in exercise of the powers conferred on him by section 18(1) and (4)(2) of the said Act, and of all other powers enabling him in that behalf, with the consent of the Treasury, hereby makes the following Order:

Title and commencement

1.  This Order may be cited as the Environmentally Sensitive Areas (The Broads) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.

Interpretation

2.  In this Order “the principal Order” means the Environmentally Sensitive Areas (The Broads) Designation Order 1997(3).

Amendments to the principal Order

3.  The principal Order shall be amended in accordance with the following provisions of this Order.

4.  In Part I and Part II of Schedule 9 to the principal Order there shall be substituted the following:

“Part I

A maximum rate of £135 per annum.

Part II

Item	Schedule	Maximum rate in £ per hectare of land per annum
1	Schedule 2	225
2.	Schedule 3	310
3.	Schedule 4	50
4.	Schedule 5	130
5.	Schedule 6:
	Option 1	260
	Option 2	500”.

Amendments to the 1992 Order

5.  The Environmentally Sensitive Areas (The Broads) Designation Order 1992(4) shall, in so far as, by virtue of article 6(1)(b) of the principal Order, it continues to apply to agreements made before the coming into force of the principal Order, be amended in article 6(2) by the substitution, for the table set out therein, of the following table:

“Schedule	£ per hectare of land per annum
Schedule 2	225
Schedule 3	310
Schedule 4:
Option 1	260
Option 2	500
Schedule 4 to the Environmentally Sensitive Areas (The Broads) Designation Order 1997.	50
Schedule 5 to the Environmentally Sensitive Areas (The Broads) Designation Order 1997.	130”.

Saving

6.  Articles 4 and 5 of this Order shall not have effect for the purposes of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1998.

Elliot Morley

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

18th May 1998

We consent,

Graham Allen

Jim Dowd

Two of the Lords Commissioners of Her Majesty’s Treasury

19th May 1998

Explanatory Note

(This note is not part of the Order)

This Order amends the Environmentally Sensitive Areas (The Broads) Designation Order 1997 (S.I. 1997/1440) (“the principal Order”), which designated an area in the Broads as an environmentally sensitive area, in implementation of 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 as last amended by Commission Regulation (EC) No. 2772/95 (OJ No. L288, 1.12.95, p. 35) as rectified by Commission Regulation (EC) No. 1962/96 (OJ No. L259, 12.10.96, p. 7).

Subject to a saving provision, the Order amends the maximum rates of payments to be made by the Minister of Agriculture, Fisheries and Food pursuant to a management agreement made under section 18(3) of the Agriculture Act 1986 (articles 3 and 4).

This Order also further amends the rates of payment specified by the Environmentally Sensitive Areas (The Broads) Designation Order 1992 (S.I. 1992/54), in so far as, by virtue of article 6(1)(b) of the principal Order, it continues to apply to agreements made before 1st July 1997.

No regulatory appraisal has been prepared in respect of this Order.

(1)

1986 c. 49. The expression “the Minister” is defined in section 18(11).

(2)

Section 18(4) was amended by S.I. 1994/249; subsection 18(4A) was inserted by S.I. 1997/1457.

(3)

S.I. 1997/1440.

(4)

S.I. 1992/54, amended by S.I. 1994/929, S.I. 1996/921, S.I. 1996/3104 and S.I. 1997/1440.