Conservation

Duty to balance interests in exercise of agricultural functions.
17
1
In discharging any functions connected with agriculture in relation to any land the Minister shall, so far as is consistent with the proper and efficient discharge of those functions, have regard to and endeavour to achieve a reasonable balance between the following considerations—
a
the promotion and maintenance of a stable and efficient agricultural industry;
b
the economic and social interests of rural areas;
c
the conservation and enhancement of the natural beauty and amenity of the countryside (including its flora and fauna and geological and physiographical features) and of any features of archaeological interest there; and
d
the promotion of the enjoyment of the countryside by the public.
2
In this section—
- “
agriculture
” has the same meaning as in the
Agriculture Act 1947 or, in Scotland, the
Agriculture (Scotland) Act 1948; and
- “
the Minister
” means—
  1. in relation to land in England, the
Secretary of State
; and
  2. in relation to land in Wales or Scotland, the Secretary of State.

Designation and management of environmentally sensitive areas.
18
1
If it appears to the Minister that it is particularly desirable—
a
to conserve and enhance the natural beauty of an area;
b
to conserve the flora or fauna or geological or physiographical features of an area; or
c
to protect buildings or other objects of archaeological, architectural or historic interest in an area,
and that the maintenance or adoption of particular agricultural methods is likely to facilitate such conservation, enhancement or protection, he may, with the consent of the Treasury and after consulting the persons mentioned in subsection (2) below as to the inclusion of the area in the order and the features for which conservation, enhancement or protection is desirable, by order designate that area as an environmentally sensitive area.
2
The persons referred to in subsection (1) above are—
a
in the case of an area in England,
...
Natural England
;
b
in the case of an area in Wales,
the Natural Resources Body for Wales
; and
c
in the case of an area in Scotland, Scottish Natural Heritage.
3
If the Minister considers that any of the purposes mentioned in paragraphs (a) to (c) of subsection (1) above is likely to be facilitated in a designated area by doing so, he may make an agreement with any person having an interest in agricultural land in, or partly in, the area by which that person agrees in consideration of payments to be made by the Minister to manage the land in accordance with the agreement.
4
An order under this section designating an area may specify—
a
the requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in agreements under subsection (3) above as respects land in the area;
aa
the requirements as to public access which may be included in such agreements
b
the period or minimum period for which
requirements included in such agreements under paragraph (a) or paragraph (aa) above must be imposed
;
c
the provisions which must be included in such agreements concerning the breach of such requirements; and
d
the rates or maximum rates at which payments may be made by the Minister under such agreements and the matters in respect of which such payments may be made.
4A
Where the Minister considers it necessary for the purposes of Article 10 or 20 of Commission Regulation
(
EC
)
No.
746/96
(aid for agricultural production methods compatible with protection of the environment: combination of aids, and penalties), an agreement under subsection (3) may contain–
a
provision requiring the payment of penalties to the Minister in the case of breach of the agreement, and
b
provision for payments by the Minister to be withheld in specified circumstances.
5
Subject to the foregoing provisions of this section, an agreement under subsection (3) above may contain such provisions as the Minister thinks fit and, in particular, such provisions as he considers are likely to facilitate such conservation, enhancement or protection as is mentioned in subsection (1) above.
6
The Minister shall not make an agreement with any person under subsection (3) above in respect of any land unless that person has certified to the Minister—
a
that no person other than he is the owner of the land; or
b
that he has notified any other person who is an owner of the land of his intention to make an agreement under subsection (3) above in respect of the land;
and in this subsection references to the owner of the land are to the estate owner in respect of the fee simple in the land or, in Scotland,
the owner of the dominium utile
.
7
The provisions of an agreement under subsection (3) above with any person interested in any land in England or Wales shall, unless the agreement otherwise provides, be binding on persons deriving title under or from that person and be enforceable by the Minister against those persons accordingly.
8
Where agreements have been made under subsection (3) above with persons having an interest in land in a designated area the Minister shall arrange for the effect on the area as a whole of the performance of the agreements to be kept under review and shall from time to time publish such information as he considers appropriate about those effects.
9
Schedule 2 to the
Forestry Act 1967 (power for tenant for life and others to enter into forestry dedication covenants, or, in Scotland, forestry dedication agreements) shall apply to agreements under subsection (3) above as it applies to forestry dedication covenants or, as the case may be, forestry dedication agreements.
9A. . . . . . . . . . . . . . . . . . . . . . . . . .
10
This section applies to land an interest in which belongs to Her Majesty in right of the Crown or to the Duchy of Lancaster, the Duchy of Cornwall or a Government department or which is held in trust for Her Majesty for the purposes of a Government department, but no agreement under subsection (3) above shall be made as respects land to which this subsection applies without the consent of the appropriate authority.
11
In this section—
- “
agricultural
” has the same meaning as in the
Agriculture Act 1947 or, in Scotland, the
Agriculture (Scotland) Act 1948;
- “
the appropriate authority
” has the same meaning as in section 101(11) of the National Parks and Access to the
Countryside Act 1949;
- “
the Minister
” means—
  1. in relation to an area in England, the
Secretary of State
; and
  2. in relation to an area in Wales or Scotland, the Secretary of State.
12
The power to make an order under this section shall be exercisable by statutory instrument and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
13
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the
Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this section—
a
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
b
shall be subject to annulment in pursuance of a resolution of either House.

Supplementary provisions regarding agreements under s.18(3) in Scotland.
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EEC farm grants relating to areas of special scientific interest or National Parks etc.
20
1
The provisions of this section shall have effect for the purpose of amending certain provisions of the
Wildlife and Countryside Act 1981 which apply to grants under schemes made under section 29 of the
Agriculture Act 1970 so as to apply them to certain agricultural grants under regulations made under section 2(2) of the
European Communities Act 1972.
2
In subsection (1) of section 32 of the said Act of 1981 (duties of agriculture Ministers to exercise functions so as to further conservation where applications are made to them for grants under such schemes with respect to areas of special scientific interest)—
a
for the words “a grant under a scheme made under section 29 of the Agriculture Act 1970 (farm capital grants)” there shall be substituted the words “a farm capital grant”; and
b
in paragraph (a) for the words “the scheme and section 29 of the said Act of 1970” there shall be substituted the words “the grant provisions”.
3
For subsection (3) of that section (definition of “the appropriate Minister”) there shall be substituted—
3
In this section—
- “
the appropriate Minister
” means the Minister responsible for determining the application;
- “
farm capital grant
” means—
  1. a grant under a scheme made under section 29 of the Agriculture Act 1970; or
  2. a grant under regulations made under section 2(2) of the European Communities Act 1972 to a person carrying on an agricultural business within the meaning of those regulations in respect of expenditure incurred or to be incurred for the purposes of or in connection with that business, being expenditure of a capital nature or incurred in connection with expenditure of a capital nature;
- “
grant provisions
” means—
  1. in the case of such a grant as is mentioned in paragraph (a) above, the scheme under which the grant is made and section 29 of the Agriculture Act 1970; and
  2. in the case of such a grant as is mentioned in paragraph (b) above, the regulations under which the grant is made and the
EU
instrument in pursuance of which the regulations were made.
.
4
In subsection (3) of section 41 of the said Act of 1981 (which makes similar provision in relation to land which is in a National Park or an area specified for the purposes of that subsection)—
a
for the words “a grant under a scheme made under section 29 of the Agriculture Act 1970 (farm capital grants)” there shall be substituted the words “a farm capital grant”;
b
in paragraph (a) for the words “the scheme and the said section 29” there shall be substituted the words “the grant provisions”.
5
In subsection (5) of the said section 41 (definitions) for the definitions of “agricultural business” and “the appropriate Minister” there shall be substituted—
“
agricultural business
” has the same meaning as in section 29 of the Agriculture Act 1970;
“
the appropriate Minister
”, “
farm capital grant
” and “
grant provisions
” have the same meanings as in section 32;
.
6
For the definition of “
farm capital grant
” in subsection (4) of section 50 of that Act (payments under certain agreements offered by authorities where applications for grants under section 29 of the said Act of 1970 are refused) there shall be substituted—
- “
farm capital grant
” has the same meaning as in section 32;
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 17 explained by Farm Land and Rural Development Act 1988 (c. 16, SIF 2:1), s. 4(2)
1947 c. 48.
1948 c. 45.
Words in s. 17(2) in definition of "the Minister" substituted (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(1), Sch. 1 para. 28 (with arts. 5(3), 6)
Words in s. 18(2)(a) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)
S. 18(2)(c) substituted (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 27(1), Sch. 10 para. 12; S.I. 1991/2633, art. 4
S. 18(4)(aa) inserted (1.3.1994) by S.I. 1994/249, reg. 2(a).
Words in s. 18(4)(b) substituted (1.3.1994) by 1994/249, reg. 2(b).
S. 18(4A) inserted (1.7.1997) by S.I. 1997/1457, reg. 2.
Words in s. 18(6) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1992 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 45 (with s. 45(3), Sch. 12 para. 3)
1967 c. 10.
1947 c. 48.
1948 c. 45.
1949 c. 97.
Words in s. 18(11) in the definition of "the Minister" substituted (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(1), Sch. 1 para. 29 (with arts. 5(3), 6)
1974 c. 28.
1981 c. 69.
1970 c. 40.
1972 c. 68.
S. 21 repealed by Rights of Way Act 1990 (c. 24, SIF 59), s. 6(4)
Words in s. 18(2)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 107; S.I. 2006/2541, art. 2 (with Sch.)
Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3)4(2)6(4)6(5))
Words in s. 18(2)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 185 (with Sch. 7)
Ss. 17-20 repealed (S.) (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), s. 38(2), sch. 2 Pt. 1; S.S.I. 2025/167, reg. 2, sch.