{
  "url": "https://openlegislation.uk/environmentally-sensitive-areas-upper-thames-tributaries-designation-order-1994/schedule-1/paragraph-1",
  "json_url": "https://openlegislation.uk/environmentally-sensitive-areas-upper-thames-tributaries-designation-order-1994/schedule-1/paragraph-1.json",
  "legislation": "uksi/1994/712",
  "legislation_title": "The Environmentally Sensitive Areas (Upper Thames Tributaries) Designation Order 1994",
  "legislation_url": "https://openlegislation.uk/environmentally-sensitive-areas-upper-thames-tributaries-designation-order-1994",
  "path": "schedule/1/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": null,
  "text": "As regards all permanent grassland which is the subject of an agreement—\n(1) the farmer shall maintain the land and shall not plough, level or reseed. The farmer shall not cultivate except by means of a chain harrow or roller;\n(2) the farmer shall graze with livestock other than pigs or poultry but not so as to cause poaching, overgrazing or undergrazing. He shall not graze with horses except in conjunction with cattle or sheep;\n(3) where the farmer cuts the grass for hay, he shall continue to do so and graze the aftermath with livestock;\n(4) the farmer shall wilt and turn any grass cut for silage before removal and graze the aftermath with livestock;\n(5) the farmer shall not increase existing application rates of organic or inorganic fertiliser. He shall not apply any organic fertiliser within 50 metres of a spring, well or borehole that supplies water for human consumption or within 10 metres of any watercourse;\n(6) the farmer shall not apply any fungicides or insecticides;\n(7) the farmer shall not apply any herbicides except to control stinging nettles, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort. Herbicides used for these purposes shall be applied by wick applicator or by spot treatment;\n(8) the farmer shall dispose of sheep dip safely. He shall not spread sheep dip where it may affect areas of nature conservation value;\n(9) the farmer shall not install any new land drainage system or modify any existing land drainage system so as to bring about improved drainage;\n(10) the farmer shall maintain existing water levels and shall maintain watercourses and ditches (including margins and banks) for which he is responsible in rotation by mechanical means. He shall dry and spread spoil but shall not use it to infill depressions;\n(11) the farmer shall retain and manage ponds, lakes, fen habtats, reeds and wetland;\n(12) the farmer shall not remove any hedges or walls or any part thereof. He shall maintain stockproof hedges and walls in a stockproof condition using traditional materials. He shall not apply pesticides or fertiliser on land within 1 metre of any hedge or wall;\n(13) the farmer shall retain and manage individual trees and groups of trees (including pollarded willows) for which he is responsible. He shall retain existing broadleaved woodland and shall not plant any additional trees or woodland without the Minister’s prior written approval;\n(14) within two years of the start of the agreement, the farmer shall obtain from a person approved by the Minister written advice on the management of woodland and scrub;\n(15) the farmer shall not damage, destroy or remove any feature of archaeological or historic interest;\n(16) the farmer shall obtain from a person approved by the Minister written advice on the agricultural management of known archaeological and historic features;\n(17) the farmer shall maintain any weatherproof traditional farm buildings for which he is responsible in a weatherproof condition using traditional styles and materials;\n(18) the farmer shall obtain from the Minister written advice on siting, design and materials before constructing buildings or roads or before carrying out any other engineering or construction works which do not require prior notification to determination by the local planning authority under the Town and Country Planning General Development Order 1988, or planning permission;",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1988/1813. The relevant amending instrument is S.I. 1991/2805."
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "uksi/1996/2105",
      "affecting_title": "The Environmentally Sensitive Areas (Upper Thames Tributaries) Designation (Amendment) Order 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/2105",
      "affecting_title": "The Environmentally Sensitive Areas (Upper Thames Tributaries) Designation (Amendment) Order 1996"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1999/2237",
      "affecting_title": "The Environmentally Sensitive Areas (Upper Thames Tributaries) Designation (Amendment) Order 1999"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/712/schedule/1/paragraph/1",
    "retrieved_at": "2026-10-29T13:37:12.812473+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}