{
  "url": "https://openlegislation.uk/nitrate-sensitive-areas-amendment-regulations-1995/note",
  "json_url": "https://openlegislation.uk/nitrate-sensitive-areas-amendment-regulations-1995/note.json",
  "legislation": "uksi/1995/1708",
  "legislation_title": "The Nitrate Sensitive Areas (Amendment) Regulations 1995",
  "legislation_url": "https://openlegislation.uk/nitrate-sensitive-areas-amendment-regulations-1995",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\n1 These Regulations, which comply with Council Regulation (EEC) No. 2078/92 (O.J. No. L215,30.7.92, p. 85), form part of the zonal programme for England required by Article 3 of that Regulation, and amend the Nitrate Sensitive Areas Regulations 1994 (“the principal Regulations”). The principal Regulations allow the Minister of Agriculture, Fisheries and Food (“the Minister”) to make payments of aid to farmers in nitrate sensitive areas who give undertakings to manage their land in accordance with a “basic scheme”, a “premium arable scheme” or a “premium grass scheme” (as defined in the principal Regulations).\n2 Under the Nitrate Sensitive Areas (Designation) Order 1990 (“the 1990 Order”), as amended, the Minister has entered into agreements to make payments to farmers in return for obligations assumed as to the management of land in ten areas. These Regulations add those areas (with boundary changes for Kilham, Sleaford and Ogbourne St. George) to the list of nitrate sensitive areas in Schedule 1 of the principal Regulations (regulation 2(2)(d) and Schedule 1).\n3 All the nitrate sensitive areas are shown on maps which are deposited at the offices of the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3JR, and can be inspected during normal office hours.\n4 Regulation 2(3) expands the criteria of eligibility of land for aid (by amending Regulation 5 of the principal Regulations) in the following cases:\n(i) land becomes eligible for the basic scheme where it has been subject to certain agreements under the 1990 Order, or where it has been used for keeping livestock as part of an arable rotation;\n(ii) land becomes eligible for the premium arable scheme, where there has been satisfactory compliance with certain agreements under the 1990 Order, or where it has been used for keeping livestock as part of an arable rotation;\n(iii) land becomes eligible for a new arable woodland scheme otpion directly, where there has been satisfactory compliance with a similar agreement otpion under the 1990 Order. Schedule 2 sets out the undertakings which apply to this new option.\n5 Further provisions amend the undertakings to be given by the farmer (by amending regulation 7 of the principal Regulations) by providing (regulation 2(4)):—\n(i) that in specified cases the undertakings will commence immediatley on expiry of the agreement under the 1990 Order;\n(ii) for additional undertakings aimed at improving grass quality (if required by the Minister) in the case of grassland or set-aside land for which there is an application to enter either the premium arable scheme or the premium grass scheme;\n(iii) for additional undertakings as to the timing of ploughing, where there have been certain premium scheme agreements and there is an application to enter the basic scheme.\n6 Further provisions amend the restrictions on acceptance of applications for aid (by amending regulation 8 of the principal Regulations) by adding (regulation 2(5)):—\n(i) a discretion for the Minister to refuse an application, where he is satisfied that undertakings given under the principal Regulations will not be as effective in preventing the entry of nitrate into controlled waters, as would be the case if the agreements under the 1990 Order had continued;\n(ii) a discretion permitting the entry into schemes under the principal Regulations of existing part fields of any size subject to a premium scheme agreement under the 1990 Order, where the Minister is satisfied that there is a positive conservation benefit.\n7 Regulation 2(7) amends regulation 12 of the principal Regulations by prohibiting upgrading into the premium arable scheme where there has been a premium scheme agreement under the 1990 Order and the land has meanwhile been in the basic scheme.\n8 Regulation 2(8) permits the Minister to withhold or recover payment, and to terminate undertakings, where aid is duplicated by other national or European Community assistance.\n9 The rates of payment applicable to each of the ten new nitrate sensitive areas and for the arable woodland scheme option are set out (regulation 2(11) and Schedule 3).\n10 The 1990 Order is revoked with effect from 1st June 1996 (by which date all agreements under the 1990 Order will have ended) (regulation 3)).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1995/1708/note",
    "retrieved_at": "2026-10-29T13:06:20.041248+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."
}