Explanatory note

Section 18 of the Agriculture Act 1986 (“the 1986 Act”) gives the Secretary of State power to designate an area in Wales 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 Title V of Council Regulation (EEC) No. 797/85 (OJ No. L93, 30.3.85, p.l) on improving the efficiency of agricultural structures, designates an area in the Cambrian Mountains as an environmentally sensitive area (article 3). The area is defined by reference to maps which are available for inspection during normal office hours at the address of the Welsh Office Agriculture Department specified in article 3. Copies of the maps may also be inspected during normal office hours at the Divisional Offices of the Welsh Office Agriculture Department at Government Buildings, Picton Terrace, Carmarthen, Dyfed SA31 3BT and Government Buildings, Spa Road East, Llandrindod Wells, Powys LD1 5HA.

Section 18(3) of the 1986 Act enables the Secretary of State to enter into a management agreement with any person having an interest in agricultural land in a designated area if the Secretary of State considers that conservation, protection or enhancement of environmental features in that area may be thereby facilitated. The Order specifies requirements as to agricultural practices, methods and operations and the installation and use of equipment which must be included in such an agreement (article 4 and the Schedule).

The Order also contains provisions for terminating an agreement and for recovery of sums paid under an agreement by the Secretary of State 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). Payments to be made by the Secretary of State under an agreement are to be at the annual rate of £30 per hectare of land to which the agreement relates if that land is not broadleaved woodland or at the annual rate of £45 per hectare of land to which the agreement relates if such land is broadleaved woodland (article 6).

The provisions of the Order are similar to those of a previous Order which designated an area in another part of the Cambrian Mountains as an environmentally sensitive area (S.I. 1986/2257).