The Environmentally Sensitive Areas (Cotswold Hills) Designation (Amendment) Order 1999

This Order may be cited as the Environmentally Sensitive Areas (Cotswold Hills) Designation (Amendment) Order 1999 and shall come into force on 31st August 1999.

In this Order “the principal Order” means the Environmentally Sensitive Areas (Cotswold Hills) Designation Order 1994^f1, as amended at the date that this Order comes into force.

The principal Order shall be amended in accordance with the following provisions of this Order.

In article 2(1) of the principal Order, the provisions immediately following the words “In this Order–” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:

• ““agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;

• “capital activity” means an activity specified in Schedule 1;

• “conservation headland” means a strip of land subject to restrictions on the use of fertilisers and herbicides, that is between ten and twelve metres wide along the edge of a field growing arable crops;

• “conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;

• “cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;

• “extensive permanent grassland” means permanent grassland which is receiving no or only minimal inputs of fertiliser or pesticides;

• “farmer” means a person who has an interest in agricultural land in the area designated by article 3, and who has also entered into an agreement with the Minister;

• “improved permanent grassland” means permanent grassland that is regularly treated with fertilisers, and used for pasture or for the production of hay or silage;

• “management activity” means an activity specified in Schedule 2;

• “permanent grassland” means grassland which has not been ploughed or re-seeded for at least five years;

• “public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;

• “scrape” means a shallow excavation which may hold water seasonally.”.

In article 3 of the principal Order, for the words “dated 3rd March 1994, signed and sealed by the Minister” there shall be substituted “dated 31st July 1999, signed on behalf of the Minister by the Parliamentary Secretary”.

For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading–

“Matters in respect of which payments may be made

4

Payments to be made by the Minister under an agreement may be made in respect of a capital activity or a management activity.”.

For article 5 of the principal Order there shall be substituted the following article and heading thereto–

“Rates of payment

5

(1)

Payments to be made by the Minister under an agreement shall not exceed–

(a)

in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and

(b)

in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.

(2)

Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.”.

For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.

For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.

The following provisions of the principal Order shall be deleted–

“SCHEDULE 1

CAPITAL ACTIVITIES

Articles 2(1) and 5(1)

• The provision of drystone walls.

• The planting, laying, coppicing and gapping-up of hedges.

• The creation or restoration of ponds.

• The creation of scrapes.

• The restoration of farm buildings using traditional materials.

• Works to protect historic and archaeological features.

• The control of bracken or scrub.

• The provision of fencing and water supplies associated with the re-introduction of livestock for grazing.

• The provision or restoration of gates, stiles and footbridges where an agreement includes requirements as to public access.

• The re-introduction of pollarding management.

• Tree planting.

• The restoration and replanting of traditional orchards.

• Diverse seed mix for arable reversion.

• Fencing to protect habitats.

• Other works associated with habitat restoration or enhancement.”

“SCHEDULE 2

MANAGEMENT ACTIVITIES

Articles 2(1) and 5(1)

Column 1		Column 2
Activity		Maximum rate in £ per hectare of land per annum (except where otherwise stated)
1.	Maintenance of improved permanent grassland	30
2.	Management of extensive permanent grassland	65
3.	In relation to cultivated land: (a) Maintenance of cultivated land	15
	(b) Reversion of arable land to extensive permanent grassland	290
	(c) Retention of stubbles over winter	80
	(d) Creation and management of conservation headlands	120
4.	Wall restoration	£28 per metre
5.	Hedgerow restoration	£4 per metre
6.	The provision of public access routes	170.

”

(This note is not part of the Order)