Statutory Instrument 1996 No. 2109

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

---

© Crown Copyright 1996

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Environmentally Sensitive Areas (Shropshire Hills) Designation (Amendment) Order 1996, ISBN 0110629094. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1996 No. 2109

AGRICULTURE

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

Whereas, pursuant to section 18(1) of the Agriculture Act 1986^[1], the Minister of Agriculture, Fisheries and Food has by Order designated an area in the Shropshire Hills as an environmentally sensitive area;

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, the Nature Conservancy Council for England^[3] and the Historic Buildings and Monuments Commission for England in accordance with section 18(1) and (2) of the said Act and section 99 of the Environment Act 1995^[4] hereby makes the following Order:

Title and commencement
    1.    This Order may be cited as the Environmentally Sensitive Areas (Shropshire Hills) Designation (Amendment) Order 1996 and shall come into force on 1st September 1996.

Amendment of the Environmentally Sensitive Areas (Shropshire Hills) Designation Order 1994
    2.—(1)  The Environmentally Sensitive Areas (Shropshire Hills) Designation Order 1994^[5] shall be amended in accordance with the following paragraphs of this article.

    (2)  In paragraph 1 of article 2 (interpretation)—
 (a) after the definition of "grazing unit" there shall be added the following definition—
""haymeadow" means land used for the production of hay;"

 (b) the definition of "managed woodland" shall be deleted; and
 (c) for the definition of "meadowland" there shall be substituted the following definition—
""meadowland" means haymeadow or land used for the production of silage;"


    (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 "£30" there shall be substituted "£35",
 (iii) in sub-paragraph (c), for "£40" there shall be substituted "£50", and
 (iv) after the phrase "unless a higher rate is applicable in accordance with" there shall be added the phrase "paragraph (1A), paragraph (1B) or";
 (b) after paragraph (1) there shall be inserted the following paragraphs—
"  (1A)  Where an agreement includes the requirements relating to permanent grassland specified in paragraph 2 of Schedule 1 in relation to any haymeadow, the Minister shall make payments at the rate of £125 per annum for each hectare of that haymeadow.

    (1B)  Where an agreement includes the requirements relating to extensive permanent grassland specified in paragraph 3 of Schedule 1 in relation to any haymeadow, the Minister shall make payments at the rate of £140 per annum for each hectare of that haymeadow.;"

 (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 £5 for each metre of stockproof or non-stockproof hedges managed in accordance with the programme referred to in that Schedule, subject to a maximum of 2 metres of stockproof or non-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 moorland;

(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 £20,000 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 1983." ; and

 (b) for paragraph 4(5) there shall be substituted the following—
"  (5)  the farmer shall—
(a) within one year of the start of the agreement, agree with the Minister a programme for any necessary burning or cutting of moorland vegetation; and

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


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

    (6)  In Schedule 6 (conservation plan operations)—
 (a) in paragraph 1, after the word "planting" there shall be added the phrase, "laying, coppicing or gapping-up"; and
 (b) for paragraph 2 there shall be substituted the following—
    "2.    The restoration of farm buildings using traditional methods." ; and

 (c) in paragraph 5, before the word "restoration" there shall be added the words "creation and".

Saving
    3.—(1)  Paragraph (3)(a), (b), (d) and (e) of article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st September 1996.

    (2)  Paragraph (2)(b), (3)(c) and (5) of article 2 of this Order shall not apply in relation to any agreement made before the date of coming into force of this Order.

Tony Baldry

Minister of State, Ministry of Agriculture, Fisheries and Food

7th August 1996
We consent,

Bowen Wells

Simon Burns

Two of the Lords Commissioners of Her Majesty's Treasury

12th August 1996

This Order amends the Environmentally Sensitive Areas (Shropshire Hills) Designation Order 1994 (S.I. 1994/709) which designated an area in the Shropshire Hills as an environmentally sensitive area, in compliance with 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.

Subject to a saving provision, the Order amends the rates of payments to be made by the Minister of Agriculture, Fisheries and Food pursuant to a management agreement made under section 18(3) of the Agriculture Act 1986, clarifies which part of the agreement land may be used for the growing of arable crops, adds a supplementary payment rate for permanent grassland or extensive permanent grassland where that land is haymeadow, revokes the option of including managed woodland in a management agreement, clarifies an ambiguity raised by the Joint Committee on Statutory Instruments and adds several options to the operations that may be included in a conservation plan (articles 2 and 3).

No Compliance Cost Assessment in relation to this Order has been prepared.

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

[2] Section 18(4) was amended by S.I. 1994/249. back

[3] The provisions in section 18(2)(a) of the Agriculture Act concerning Nature Conservancy Councils were amended by the Environmental Protection Act 1990 (c. 43). Part VII and Sch. 9. back

[4] 1995 c. 25. back

[5] S.I. 1994/709. back