The Environmentally Sensitive Areas (North Peak) Designation (Amendment) Order 1998

Statutory Instruments

1998 No. 1303

AGRICULTURE

The Environmentally Sensitive Areas (North Peak) 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 North Peak as an environmentally sensitive area (“the designated area”);

And whereas it appears to the Minister that it is particularly desirable—

(1) to conserve and enhance the natural beauty of the designated area together with an additional area in the North Peak;

(2) to conserve the flora and fauna and geological and physiographical features of those areas; and

(3) to protect buildings and other objects of historic interest in that area;

And whereas it appears to the Minister that the maintenance or adoption of particular agricultural methods in respect of the matters specified in the Schedules to the following Order is likely to facilitate such conservation, enhancement or protection;

Now therefore, the said 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 and after consultation with the Secretary of State, the Countryside Commission and the Nature Conservancy Council for England(3) in accordance with section 18(1) of the said Act, and with the Historic Buildings and Monuments Commission for England in accordance with section 99 of the Environment Act 1995(4), makes the following Order:

Title and commencement

1.  This Order may be cited as the Environmentally Sensitive Areas (North Peak) 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 (North Peak) Designation (Amendment) Order 1993(5), as amended at the date that this Order comes into force.

Amendment of the principal Order

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

4.  In article 2(1) of the principal Order, the provisions immediately following the words “In this Order—” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:

““agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in that area designated by article 3;

“capital activity” means an activity specified in Schedule 1 to this Order;

“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;

“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;

“farmer” means a person who has an interest in agricultural land in that area designated by article 3, and who has also entered into an agreement with the Minister;

“heather” means common heather (calluna vulgaris), and includes common heather growing in association with other ericaceous dwarf shrub species;

“management activity” means an activity specified in Schedule 2;

“meadowland” means grassland primarily used for the production of hay or silage;

“moorland” means land covered by semi-natural upland vegetation which is generally unenclosed except along ownership boundaries;

“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;

“relevant date” means 22nd June 1998;

“rough grazing” means land covered by semi-natural vegetation;

“semi-improved grassland” means permanent grassland which receives only small amounts of inorganic fertiliser and has not been regularly cultivated or reseeded;

“unimproved grassland” means grassland which has not been regularly ploughed, levelled, drained or reseeded or treated with fertilisers, lime, slag, herbicides or pesticides; and

“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.”.

5.  In article 3 of the principal Order, for the words “dated 3rd March 1993, signed and sealed by the Minister” there shall be substituted “dated 18th May 1998, signed on behalf of the Minister by the Parliamentary Secretary”.

6.  For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading—

“Matters in respect of which payments may be made

4.   A payment to be made by the Minister under an agreement may be made in respect of—

(a) a capital activity; or

(b) a management activity which—

(i) in the case of a payment to be made under an agreement entered into before the relevant date, is specified in Part I or Part II of Schedule 2; and

(ii) in the case of a payment to be made under an agreement entered into on or after the relevant date, is specified in Part I of Schedule 2.”.

7.  For article 5 of the principal Order and the heading thereto there shall be substituted the following article and heading—

“Rates of payment

5.— (1) Payments to be made by the Minister under an agreement shall not exceed—

(a) in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and

(b) in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.

(2) Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.”.

8.  For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.

9.  For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.

10.  The following provisions of the principal Order shall be deleted—

(a) articles 4A and 6; and

(b) Schedules 1A and 4.

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

Article 8

SCHEDULE 1

Articles 2(1) and 5(1)

“SCHEDULE 1 CAPITAL ACTIVITIES

• The planting, laying and gapping of hedges.

• The creation or restoration of ponds and the restoration of wet areas.

• The supplementary treatment of suppressed or eroded heather moorland.

• The control of bracken.

• The renovation of farm buildings using traditional materials.

• Works to protect historic and archaeological features.

• The creation or restoration of flower-rich meadowland.

• The management of scrub.

• The restoration of drystone walls.

• The provision and restoration of gates, stiles and footbridges, where an agreement includes requirements as to public access.

• Protection or provision of hedgerow trees and other saplings.

• Fencing associated with the exclusion of stock from woodland.

• Other works for the restoration or enhancement of wildlife habitats.”

Article 9.

SCHEDULE 2

Articles 2(1) and 5(1)

“SCHEDULE 2 MANAGEMENT ACTIVITIES

Column 1	Column 2
Activity	Maximum rate (in £ per hectare of land per annum, except where otherwise stated)
Part I
1.   Maintenance of cultivated land.	15
2.   Management of semi-improved permanent grassland.	55
3.   Management of unimproved permanent grassland, including control of stocking levels.	45
4.   Management of enclosed rough grazing including restrictions on stocking levels.	40
5.   Where management of any kind referred to in item 3 or 4 above is undertaken, additional management so as to conserve meadowland.	80
6.   Where management of any kind referred to in item 3, 4 or 5 above is undertaken, additional management so as to create wet areas.	80
7.   As regards moorland: (a) maintenance of moorland	25
(b) extensive grazing of moorland	43
(c) total stock exclosure from moorland areas.	90
8.   In relation to woodland: (a) maintenance of existing woodland	15
(b) management of woodland to enhance its nature conservation and landscape value.	120
9.   The provision of public access routes.	170
10.   Hedgerow restoration.	£4 per metre
11.   Wall restoration.	£16 per metre
Part II
Management of unimproved grassland and enclosed rough grazing.	45”

Explanatory Note

(This note is not part of the Order)

This Order amends the Environmentally Sensitive Areas (North Peak) Designation Order 1993 (“the principal Order”) which designated an area in the North Peak 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 amended by Commission Regulation (EC) No. 2772/95 (OJ No. L288, 1.12.95, p.35) as in turn rectified by Commission Regulation (EC) No. 1962/96 (OJ No. L259, 12.10.96, p.7).

The area designated by the principal Order is increased (by an amendment to article 3 of the principal Order) and the designated area as thereby enlarged is shown (coloured yellow) in a new volume of maps dated 18th May 1998, which replaces the volume of maps referred to in article 3 of the principal Order dated 3rd March 1993 (Article 5).

The definitions set out in article 2(1) of the principal Order are consolidated and in addition new definitions are inserted (Article 4).

This Order replaces the Schedules to the principal Order (laying down detailed requirements of the scheme) by two new Schedules indicating the capital and management activities in respect of which payments may be made.

The provisions of the principal Order that are amended or revoked do not include any that derive from the Environmentally Sensitive Areas (England) Designation (Amendment) Regulation 1996 (S.I. 1996/3104); those which derive from S.I. 1996/3104 are revoked (subject to a saving in certain circumstances) by the Environmentally Sensitive Areas (England) Designation (Revocation of Specified Provisions) Regulations 1998, coming into force on 21st June 1998.

No regulatory appraisal has been made 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; sub-section 18(4A) was inserted by S.I. 1997/1457.

(3)

The provisions in section 18 of the Agriculture Act 1986 concerning Nature Conservancy Councils were amended by Part VII of, and Schedule 9 to, the Environmental Protection Act 1990 (c. 43).

(4)

1995 c. 25.

(5)

S.I. 1993/457, amended by S.I. 1994/922, S.I. 1995/189, S.I. 1996/3104 and S.I. 1997/1447.