The Environmentally Sensitive Areas (Clwydian Range) Designation Order 1994

Explanatory Note

(This note is not part of the Order)

Section 18 of the Agriculture Act 1986 (“the 1986 Act”) gives the Secretary of State power to designate an area in Wales as an environmentally sensitive area where it appears to him particularly desirable to conserve, protect or enhance environmental features in that area by the maintenance or adoption of particular agricultural methods.

This Order, which complies with Council Regulation (EEC) 2078/92 (OJ No. L215, 30.7.92, p.85.) on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, designates an area in the Clwydian Range in the County of Clwyd as an environmentally sensitive area (article 3). The designated area is defined by reference to maps which are available for inspection during normal office hours at the address of the Welsh Office Agriculture Department specified in article 3. Copies of the maps may also be inspected during normal office hours at the Divisional Office of the Welsh Office Agriculture Department at Penrallt, Caernarfon, Gwynedd LL55 1EP.

Section 18(3) of the 1986 Act enables the Secretary of State to enter into a management agreement with any person having an interest in agricultural land in a designated area if the Secretary of State considers that conservation of environmental features in that area may thereby be facilitated. The Order specifies requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in such an agreement (article 4 and Schedule 1).

The Order also contains provisions for the termination of an agreement and for the recovery of sums paid under an agreement by the Secretary of State in the event of a breach of the specified requirements, and for the determination by arbitration of any question as to whether a breach of those requirements has occurred (article 5). The rates of payment to be made by the Secretary of State under an agreement are set out (article 6) including the rates applicable to an agreement which contains additional provisions designed to attract higher rates of payment. These additional provisions are set out in Schedules 2, 3 and 4.