Explanatory note

(This Note is not part of the Regulations)

Section 18 of the Agriculture Act 1986 (“the 1986 Act”) gives the Minister of Agriculture, Fisheries and Food in relation to an area in England, and the Secretary of State in relation to an area in Wales or Scotland (“the Minister”) power to designate areas as environmentally sensitive areas where it appears to them particularly desirable to conserve, protect or enhance environmental features in those areas by the maintenance or adoption of particular agricultural methods. 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 by which that person agrees in consideration of payments to be made by the Minister to manage land in accordance with the agreement.

These Regulations amend section 18 of the 1986 Act and form part of the programme to implement Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p.85) on agricultural methods compatible with the protection of the environment and the maintenance of the countryside, insofar as that Regulation requires management of land for public access (Articles 2(1)(g), 3 and 5).

The Regulations enable the Minister in an order designating an environmentally sensitive area to state the requirements as to public access which may be included in an agreement.