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-

"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-

(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.

Article 4

SCHEDULE 1REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1. As regards all land which is the subject of an agreement-

(1) the farmer shall not remove any hedges, walls or banks or parts thereof;

(2) the farmer shall maintain stockproof walls and hedges in a stockproof condition using traditional materials;

(3) the farmer shall not install any new land drainage system or modify any existing land drainage system so as to bring about improved drainage;

(4) the farmer shall retain and manage field, hedgerow and streamside trees;

(5) the farmer shall undertake control of bracken in accordance with a programme agreed in writing in advance with the Minister. Control shall be by means of asulam where mechanical means cannot be used;

(6) the farmer shall dispose of sheep dip safely and shall not spread it where it may affect areas of nature conservation value;

(7) within two years of the start of the agreement, the farmer shall obtain from a person approved by the Minister written advice on the management of existing woodland or on proposals to plant any new woodland;

(8) the farmer shall not damage, destroy or remove any features of archaeological or historic interest;

(9) the farmer shall maintain any weatherproof traditional farm buildings for which he is responsible in a weatherproof condition using traditional materials;

(10) the farmer shall obtain written advice on siting and materials from the Minister before constructing buildings or roads or before undertaking any other engineering or construction works which do not require prior notification determination by the local planning authority under the Town and Country Planning General Development Order 1988(6), or planning permission.

2. As regards any enclosed permanent grassland which is the subject of an agreement-

(1) the farmer shall maintain the land and shall not excavate, plough, level, reseed;

(2) the farmer shall not use a chain harrow or roller except between 16th July in any year and the following 1st April;

(3) the farmer shall not increase existing application rates of organic or inorganic fertiliser;

(4) the farmer shall graze the aftermath of any grass cut for hay or silage;

(5) the farmer shall not graze so as to cause poaching, overgrazing or undergrazing;

(6) the farmer shall not use fungicides or insecticides;

(7) the farmer shall not apply herbicides except to control bracken, nettles, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort or to carry out stump treatment of cleared scrub. Except in the case of bracken, herbicides used for these purposes shall be applied by weed wiper or by spot treatment;

(8) the farmer shall not apply lime, slag or any other substance designed to reduce the acidity of the soil.

3. As regards any enclosed permanent rough grazing which is the subject of an agreement-

(1) The farmer shall maintain the land and shall not excavate, plough, level, reseed, harrow, roll or otherwise cultivate;

(2) the farmer shall not exceed existing stocking levels;

(3) the farmer shall not apply any organic or inorganic fertiliser;

(4) the farmer shall not cut or top existing areas of rushes;

(5) the farmer shall rotate sites of supplementary feeding for livestock and restrict such sites to areas agreed with the Minister in advance;

(6) the farmer shall observe subparagraphs (5) to (8) inclusive of paragraph 2 above.

4. As regards any moorland which is the subject of an agreement-

(1) the farmer shall observe the provisions of subparagraphs (3) to (6) inclusive of paragraph 3 above;

(2) the farmer shall maintain the land and shall not excavate, plough, level, reseed, harrow, roll or otherwise cultivate;

(3) the farmer shall not increase existing stocking levels and in any event shall not exceed 0.225 livestock units per hectare in any year. He shall remove all replacement hoggs and 25% of overwintering ewes between 31st October in any year and the following 1st March;

(4) the farmer shall not graze cattle or horses between 31st October in any year and the following 1st March;

(5) within one year of the start of the agreement, the farmer shall agree with the Minister a programme for any necessary management of moorland vegetation;

(6) the farmer shall not fence across open moorland;

(7) the farmer shall ensure by adequate stock management that livestock do not trespass onto neighbouring moorland or concentrate on or adjacent to vulnerable areas of heather, including heather margins and recently burnt heather, and that light grazing levels are maintained.

Article 6(2)

SCHEDULE 2ADDITIONAL PROVISIONS-I

Option 1(a)-Pasture

1. As regards any pasture which is the subject of an agreement-

(1) the farmer shall identify land which is pasture and shall maintain it as such for the length of the agreement;

(2) the farmer shall not apply inorganic or organic fertiliser except for farmyard manure produced on his farm. He shall apply farmyard manure in a single application not exceeding 20 tonnes per hectare in any year and in any event shall not apply slurry or pig or poultry manure;

(3) the farmer shall not chain harrow, roll or otherwise cultivate;

(4) the farmer shall not cut or top areas of rushes when birds are nesting in the vicinity;

(5) the farmer shall not exceed a stocking level of 0.6 livestock units per hectare between 31st March and 1st July in any year;

(6) the farmer shall observe subparagraphs (5) to (8) inclusive of paragraph 2 of Schedule 1.

Option 1(b)-Meadowland

2. As regards meadowland which is the subject of an agreement-

(1) the farmer shall identify land which is meadowland and shall maintain it as such for the length of the agreement;

(2) the farmer shall not apply inorganic or organic fertiliser except for farmyard manure produced on his farm. He shall apply farmyard manure in a single application not exceeding 20 tonnes per hectare in any year and in any event shall not apply slurry or pig or poultry manure;

(3) the farmer shall not use a chain harrow or roller except between 16th July in any year and the following 1st April;

(4) the farmer shall exclude stock at least seven weeks before the first cut for hay or silage and in any event by 27th May in any year;

(5) the farmer shall cut and remove the grass and graze the aftermath, but shall not cut the grass before 8th July in any year, or for silage before 1st August in any year, and in any event at least once in every five years he shall make the first cut after 31st July;

(6) the farmer shall observe subparagraphs (5) to (8) inclusive of paragraph 2 of Schedule 1.

Option 2-Moorland

3. As regards any moorland which is the subject of an agreement, the farmer shall not exceed a stocking level of 0.1 livestock units per hectare from 1st March until 30th September in any year and shall remove all livestock from 1st October in any year until the following 28th February.

Article 6(2)

SCHEDULE 3ADDITIONAL PROVISIONS-II

As regards any managed woodland which is the subject of an agreement, the farmer shall provide alternative grazing and shelter for livestock displaced from the land.

Article 6(3)

SCHEDULE 4ADDITIONAL PROVISIONS-III

As regards any drystone walls which are the subject of an agreement, the farmer shall carry out a renovation programme agreed in advance in writing with the Minister.

Article 6(4)

SCHEDULE 5CONSERVATION PLAN OPERATIONS

1. The planting or laying of hedges.

2. The renovation of traditional farm buildings using traditional materials.

3. The reversion of land to rough grazing or moorland.

4. The control of bracken.

5. The creation of flower-rich meadowland.

6. The control of scrub.

7. Works to protect historic and archaeological features.

Explanatory Note

(This note is not part of the Order)

Section 18 of the Agricultural Act 1986 ("the 1986 Act") gives the Minister of Agriculture, Fisheries and Food ("the Minister") power to designate an area in England 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) 2328/91 (OJ No. L218, 6.8.91, p 1) on improving the efficiency of agricultural structures, designates an area in the South West of the Peak District as an environmentally sensitive area (article 3). The newly designated area is defined by reference to maps which are available for inspection during normal office hours at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX.

Section 18(3) of the 1986 Act enables the Minister to enter into a management agreement with any person having an interest in agricultural land in a designated area if the Minister 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 recovery of sums paid under an agreement by the Minister 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 Minister under an agreement are setout (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, 4 and 5.