The Environmentally Sensitive Areas (Blackdown Hills) Designation (Amendment) Order 1996

Amendment of the Environmentally Sensitive Areas (Blackdown Hills) Designation Order 1994

2.—(1) The Environmentally Sensitive Areas (Blackdown Hills) Designation Order 1994(1) shall be amended in accordance with the following paragraphs of this article.

(2) In paragraph (1) of article 2 (interpretation) the definition of “managed woodland” shall be deleted.

(3) In article 7 (rates of payment under agreement)—

(a) in paragraph (1)—

(i) in sub-paragraph (a), for “£12” there shall be substituted “£20”,

(ii) in sub-paragraph (b), for “£25” there shall be substituted “£35”,

(iii) in sub-paragraph (c), for “£40” there shall be substituted “£45”, and

(iv) in sub-paragraph (d), for “£50” there shall be substituted “£70”,

(b) in paragraph (3), for “£180” there shall be substituted “£150”;

(c) paragraph (4), shall be deleted;

(d) for paragraph (5), there shall be substituted the following—

“(5) Where an agreement includes the additional provisions specified in Schedule 5, the Minister shall make payments at the rate per annum of £2 for each 10 metres of stockproof hedges managed in accordance with the programme referred to in that Schedule, subject to a maximum of 200 metres of stockproof hedges so managed per hectare of eligible land per annum for the first 10 hectares of eligible land and thereafter a maximum of 100 metres of stockproof hedges so managed per hectare of eligible land per annum.

(5A) For the purposes of paragraph (5) above, “eligible land” means land which—

(a) comprises or falls within land subject to the provisions of the agreement concerned;

(b) is not rough land;

(c) is enclosed by boundaries; and

(d) contains, whether within itself, or as the whole or part of the boundaries by which it is enclosed, hedges.”; and

(e) for paragraph (6), there shall be substituted the following—

“(6) Where an agreement includes a conservation plan, the Minister shall also make payments in respect of operations included in the plan, subject to a maximum of £15,000 for that agreement..”

(4) In Schedule 1 (requirements to be included in an agreement)—

(a) for paragraph 1(1) there shall be substituted the following—

“(1) the farmer shall not use any part of it for the growing of arable crops, unless, on 31st December 1993, that part was used—

(a) for the growing of arable crops; or

(b) for ley grassland established after 31st December 1988;”

(b) for paragraph 1(5), there shall be substituted the following—

“(5) the farmer shall—

(a) within two years of the start of the agreement agree in writing with the Minister a programme for the selection and tagging of saplings to develop into hedgerow trees; and

(b) carry out that programme in accordance with the agreement.

He shall not damage or remove tagged trees;”; and

(c) for paragraph 4(10), there shall be substituted the following—

“(10) the farmer shall—

(a) within two years of the start of the agreement agree in writing with the Minister a programme to manage scrub and rushes on heathland and wetland; and

(b) carry out that programme in accordance with the agreement;.”

(5) Schedule 4 (additional provisions in relation to managed woodland) shall be deleted.

(6) In Schedule 5 (additional provisions relating to hedge management), the phrase “,including laying” shall be deleted.

(7) In Schedule 6 (conservation plan operations)—

(a) in paragraph 1, after the phrase “(including the provision of hedgebanks where appropriate)” there shall be added the phrase “, the laying and the coppicing of hedges”;

(b) for paragraph 3, there shall be substituted the following—

“3.   The restoration of farm buildings using traditional materials.”; and

(c) after paragraph 7, there shall be added the following paragraphs—

“8.   The creation and restoration of ponds.

9.   Re-planting of traditional orchards and frameworking of fruit trees in traditional orchards.

10.   The selection and tagging of saplings to develop into hedgerow trees.”

(1)

S.I. 1994/707.