The Environmentally Sensitive Areas (Loch Lomond) Designation Order 1987

Explanatory Note

(This note is not part of the Order)

This Order designates as an environmentally sensitive area an area of Loch Lomond partly within the Stirling District of Central Region and partly within the Dumbarton District of Strathclyde Region (article 3). That area is designated for the purpose of conserving, protecting and enhancing the environmental features of the area by the maintenance or adoption of particular agricultural methods.

The map showing the designated area can be inspected during normal office hours at the offices of the Department of Agriculture and Fisheries for Scotland, Chesser House, Gorgie Road, Edinburgh.

The Secretary of State may enter into a management agreement with any person having an interest in agricultural land in a designated area and the Order specifies the requirements as to agricultural practices, methods and operations which must be included in such an agreement (article 4 and Schedule).

In the event of a breach of the specified requirements, the Secretary of State may terminate the agreement and recover sums paid under the agreement (article 5(a)). Any questions arising as to whether a breach of such requirements has occurred may be determined by arbitration (article 5(b)).

Payments made by the Secretary of State under an agreement are to be either–

(a) at the rate of £15 per year per hectare of enclosed land, with an additional payment of £2.50 per year for each hectare of other land, or

(b) at the rate of £1,500 per year for each individual farm business,

whichever is the lower (article 6(1)).

In the case of farm businesses of no more than 16 adjusted hectares, payments are to be at the rate of £240 per year for each farm business (article 6(2)). Where an agreement includes the additional farming operations set out in paragraph 17(b) of the Schedule additional payments are to be made either–

(a) at a rate to be determined by the Secretary of State, up to a maximum of £100 per year per hectare, or

(b) at the rate of £3,000 per year for each individual farm business,

whichever is the lower (article 7).

Copies of “Loch Lomond: Agricultural Developments and Works: A Code of Practice” of June 1986 may be obtained free of charge from the Department of Agriculture and Fisheries for Scotland at the address quoted above.

Copies of the report “A Guide to Good Muirburn Practice” published in 1977 may be obtained from Her Majesty’s Stationery Office price £1.50 (ISBN 0 11 491463 X).