Explanatory note
(This note is not part of the Order)
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.1) on improving the efficiency of agricultural structures, designates an area in the Lleyn Peninsula 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 Office of the Welsh Office Agriculture Department at Penrallt, Caernarfon, Gwynedd LL55 1EP.
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 Schedule 1).
The Order also contains provisions for termination of 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 £15 per hectare of land to which the agreement relates, or, in the case of rough land subject to the additional provisions set out in paragraph 1 of Schedule 2, at the annual rate of £30 per hectare of such land. In respect of hay meadows which are subject to the additional provisions set out in paragraph 2 of Schedule 2, payment will be at the annual rate of £70 per hectare (article 6).