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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 areas referred to in Part 1 of Schedules 1 to 5 to the following Order; (2) to conserve the flora and fauna and geological and physiographical features of those areas; and (3) to protect buildings and other objects of historic interest in those areas; 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 Parts 2 and 3 of Schedule 1, 2, 3, 4 or 5 (as the case may be) to the following Order are 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(d)[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 Agency and the Nature Conservancy Council for England[3] as to the inclusion of the areas referred to in article 3 of the following Order and the features of those areas 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 (Stage I) Designation Order 2000 and shall come into force on 5th December 2000. Interpretation 2. - (1) In this Order -
(2) In this Order, any reference to an article or Schedule is to an article of, or Schedule to, this Order, and a reference to "the relevant Schedule" means Schedule 1, 2, 3, 4 or 5 as the case may be. The area of land in the Broads in the counties of Norfolk and Suffolk which is shown coloured yellow on the maps contained in the volume of maps marked "Volume of maps of the Broads environmentally sensitive area" dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR. The creation or restoration of scrapes, dykes, ditches and footdrains. The restoration of fen areas including the creation or restoration of reed and sedge beds, marsh hay and litter marshes, and the control of scrub. The construction of bunds, sluices, culverts and other works to control water levels. The replacement of metal field gates with wooden gates. The provision of fencing associated with the introduction or re-introduction of grazing. The provision of liggers and bridges. The creation or re-creation of herb-rich meadows. The creation or restoration of ponds. The planting, laying or coppicing of hedges. Works to protect historic or archæological features. The provision and restoration of gates, stiles and footbridges, where an agreement includes requirements as to public access. Tree planting and the re-introduction of tree pollarding. Other works for the restoration or enhancement of wildlife habitats.
In this Schedule:
The area of land in the Pennine Dales in the counties of Cumbria, Durham, North Yorkshire and Northumberland which is shown coloured yellow on the maps contained in the volume of maps marked "Volume of maps of the Pennine Dales environmentally sensitive area" dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR. The building or rebuilding of drystone walls using traditional materials. The planting, laying or coppicing of hedges. The renovation of field barns using traditional materials. The creation or re-creation of meadowland. Tree planting. Works to protect historic or archæological features. The provision and restoration of gates, stiles and footbridges, where an agreement includes requirements as to public access. The control of bracken. The provision and repair of stiles. Other works for the restoration or enhancement of wildlife habitats.
In this Schedule:
The area of land in the Somerset Levels and Moors in the county of Somerset which is shown coloured yellow on the maps contained in the volume of maps marked "Volume of maps of the Somerset Levels and Moors environmentally sensitive area" dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR. The planting, laying or coppicing of hedges. The re-introduction of pollarding management including the planting of willows for furture pollarding. The renovation of shelter belts and the planting of trees. The construction of bunds or sluices, or other works to control water levels. The re-instatement of gutters, dykes and ditches. The provision of timber gates and timber wing fencing. The removal of fencing along ditches and rhynes. The removal of scrub. The construction or reconstruction of culverts. The improvement of droves within areas of raised water levels. The conversion of arable land to permanent grassland. The creation or improvement of botanically diverse meadows, ponds or scrapes. The renovation of farm buildings using traditional materials. Works to protect historic or archæological features. The provision and restoration of gates, stiles and footbridges, where an agreement includes requirements as to public access. The restoration and replanting of traditional orchards. Other works for the restoration or enhancement of wildlife habitats.
In this Schedule:
The area of land on the South Downs in the counties of Hampshire and East and West Sussex which is shown coloured yellow on the maps contained in the volume of maps marked "Volume of maps of the South Downs environmentally sensitive area" dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR. The building or rebuilding of flint walling using traditional materials. The planting, laying or coppicing of hedges. The renovation of barns using traditional materials. The management of scrub. The provision of fencing and water supplies for livestock associated with the reintroduction of grazing. The construction of bunds or sluices, or other works to control water levels. The creation or restoration of ponds, scrapes, ditches and reedbeds. Works to protect historic or archæological features. The provision and restoration of gates, stiles and footbridges, where an agreement includes requirements as to public access. Tree planting. The provision and restoration of stiles. The purchase and use of a diverse seed mix for reversion of arable land to chalk grassland and for sward enhancement of permanent grassland reverted from arable land. Other works for the restoration or enhancement of wildlife habitats.
In this Schedule:
The area of land in West Penwith in the county of Cornwall which is shown coloured yellow on the maps contained in the volume of maps marked "Volume of maps of the West Penwith environmentally sensitive area" dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR. The provision and rebuilding of Cornish and stone hedges, walls and stiles. The renovation of traditional farm buildings using traditional materials. The management of scrub. The reversion of land to rough land, or the environmental improvement of rough land. The creation or restoration of ponds. The control of bracken. Works to protect historic or archæological features. The provision and restoration of gates, stiles and footbridges, where an agreement includes requirements as to public access. Tree planting. The provision and restoration of traditional gates and gateposts. The provision of cattle grids. Other works for the restoration or enhancement of wildlife habitats.
In this Schedule:
The Broads Environmentally Sensitive Area The Environmentally Sensitive Areas (The Broads) Designation Order 1997[4] The Environmentally Sensitive Areas (The Broads) Designation (Amendment) Order 1998[5] Pennine Dales Environmentally Sensitive Area The Environmentally Sensitive Areas (Pennine Dales) Designation Order 1997[6] The Environmentally Sensitive Areas (Pennine Dales) Designation (Amendment) Order 1998[7] The Somerset Levels and Moors Environmentally Sensitive Area The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1997[8] The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation (Amendment) Order 1998[9] The South Downs Environmentally Sensitive Area The Environmentally Sensitive Areas (South Downs) Designation Order 1997[10] The Environmentally Sensitive Areas (South Downs) Designation (Amendment) Order 1998[11] The West Penwith Environmentally Sensitive Area The Environmentally Sensitive Areas (West Penwith) Designation Order 1997[12] The Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1998[13] The Environmentally Sensitive Areas (West Penwith) Designation (Amendment) (No. 2) Order 1998[14] (This note is not part of the Order) Section 18 of the Agriculture Act 1986 ("the 1986 Act") gives the Minister of Agriculture, Fisheries and Food ("the Minister") power to designate areas in England as environmentally sensitive areas where it appears to him particularly desirable to conserve, protect or enhance environmental features in those areas by the maintenance or adoption of particular agricultural methods. This Order designates areas in the Broads, Pennine Dales, Somerset Levels and Moors, South Downs and West Penwith as environmentally sensitive areas (article 3). The designated areas are 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 3JR. Section 18(3) of the 1986 Act enables the Minister to enter into an agreement with any person having an interest in agricultural land in a designated area by which that person agrees in consideration of payments to be made by the Minister to manage the land in accordance with the agreement. The Order specifies what capital activities may attract aid and also specifies the maximum rates of payment which are payable in respect of various management activities. "Stage I" in the title to the Order refers to the first of four orders each designating a group of environmentally sensitive areas, and corresponds to the sequence in which they were originally designated and the consequent phasing of the dates for policy and payment reviews in those areas. The Order implements Articles 22 to 24 and 43(2) of Council Regulation (EC) No. 1257/1999 (OJ No. L160, 26.6.99, p. 80) ("the rural development Regulation"). Agreements in respect of which an application was received after 29th July 1999 must be made in accordance with the England Rural Development Programme, which has been approved by the European Commission under Article 44 of the rural development Regulation, and a copy of which is available for inspection during normal office hours at the offices of the Ministry of Agriculture, Fisheries and Food at the address stated above, together with a copy of Commission Decision No. C(2000) 3003 approving it. Penalties in respect of any breach of an agreement are provided by Article 48 of the rural development Regulation and by the England Rural Development Programme (Enforcement) Regulations 2000 (S.I.2000/3044). No Regulatory Impact Assessment has been prepared in respect of this Order. Notes: [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 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
ISBN 0 11 018806 3
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