Statutory Instrument 1993 No. 87

The Environmentally Sensitive Areas (South West Peak) Designation Order 1993

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© Crown Copyright 1993

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1993 No. 87

AGRICULTURE

The Environmentally Sensitive Areas (South West Peak) Designation Order 1993

Whereas, as mentioned in section 18(1) of the Agriculture Act 1986^[1], it appears to the Minister of Agriculture, Fisheries and Food ("the Minister") that it is particularly desirable—
    (1)  to conserve and enhance the natural beauty of the area referred to in article 3 of the following Order;

    (2)  to conserve the flora and fauna and geological and physiographical features of that area; and

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

And whereas, as mentioned in the said section 18(1), it appears to the Minister that the maintenance or adoption of the agricultural methods specified in Schedule 1 to the following Order is likely to facilitate the aforementioned conservation, enhancement and protection;

Now, therefore, the Minister, in exercise of the powers conferred on him by section 18(1) and (4) 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^[2] as to the inclusion of the area referred to in article 3 of the following Order and the features of that area for which conservation, enhancement and protection are desirable, hereby makes the following Order:

Title and commencement
    1.    This Order may be cited as the Environmentally Sensitive Areas (South West Peak) Designation Order 1993 and shall come into force on 13th February 1993.

Interpretation
    2.—(1)  In this Order—

"agreement" means an agreement under section 18(3) of the Agriculture Act 1986 as respect agricultural land in the area designated by article 3;


"enclosed permanent grassland" means enclosed grassland which has not been ploughed or reseeded for at least ten years;


"enclosed permanent rough grazing" means enclosed land used exclusively for the grazing of livestock which has not been regularly ploughed, levelled, drained or reseeded, or regularly treated with fertilisers, lime, slag or pesticides;


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


"grassland" means land on which the vegetation consists primarily of grass species;


"livestock unit" means—
 (a) 1 bovine animal more than 2 years old, or
 (b) 1.66 bovine animals from six months old to two years old inclusive, or
 (c) 6.66 sheep, or
 (d) 1 soliped more than six months old;


"managed woodland" means an area of at least one hectare of woodland for which, within two years of the start of the agreement, the farmer obtains approval for a grant either in connection with the management of the land for forestry purposes under section 1 of the Forestry Act 1979^[3] or in relation to the conservation and enhancement of a National Park under section 39 or 44 of the Wildlife and Countryside Act 1981^[4];


"moorland" means land covered by semi-natural upland vegetation which is generally unenclosed except along ownership boundaries.

    (2)  Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.

Designation of environmentally sensitive area
    3.    There is hereby designated as an environmentally sensitive area the area of land in the South West Peak in the Counties of Cheshire, Derbyshire and Staffordshire which is shown coloured yellow on the maps contained in the volume of maps marked "volume of maps of the South West Peak environmentally sensitive area" dated 4th January 1993, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3HX.

Requirements and provisions of agreement
    4.    An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.

Breach of requirements or provisions
    5.    An agreement shall include provisions that—
 (a) in the event of a breach by the farmer of the requirements referred to in Article 4, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
 (b) any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950^[5] or any statutory modification or re-enactment thereof for the time being in force.

Rates of payment under agreement
    6.—(1)  Subject to paragraph (2) below, the Minister shall make payments under an agreement for land to which the agreement relates (except any woodland) at the following rates—
 (a) £10 per annum for each hectare of land other than enclosed permanent grassland, enclosed permanent rough grazing or moorland;
 (b) £28 per annum for each hectare of enclosed permanent grassland;
 (c) £25 per annum for each hectare of enclosed permanent rough grazing; and
 (d) £32 per annum for each hectare of moorland.

    (2)  Where an agreement includes the additional provisions specified in any of the options in Schedule 2 or in Schedule 3 in relation to any land, the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table—

	£ per hectare of land per annum
Schedule 2
Option 1(a)	100
Option 1(b)	210
Option 2	58
Schedule 3	25



    (3)  Where an agreement includes the additional provisions specified in Schedule 4, the Minister shall make payments at the rate per annum of £3 for each 0.25 metres of renovated drystone wall per hectare, subject to a maximum of 1.5 metres of wall per hectare, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1, less any moorland.

    (4)  Where an agreement includes one or more of the conservation plan operations specified in Schedule 5, the Minister shall also make payments in respect of the aggregate of the operations included in the argument at a rate not exceeding £100 per hectare, subject to a maximum of £4000 per agreement.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on


John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

15th January 1993.
We consent,

Nicholas Baker

Irvine Patnick

Two of the Lords Commissioners of Her Majesty's Treasury

14th January 1993

[1] 1986 c. 49. The expression "the Minister" is defined in section 18(11). back

[2] 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). back

[3] 1979 c. 21. back

[4] 1981 c. 69. back

[5] 1950 c. 27. back

Explanatory Note