The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1992

Article 4

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1.  As regards all land which is the subject of an agreement–

(1) The farmer shall maintain grassland and shall not plough, level or reseed. He shall not cultivate except with a chain harrow or roller;

(2) The farmer shall graze with cattle or sheep but not so as to cause poaching, undergrazing or overgrazing;

(3) Where the farmer cuts grass for hay or silage, he shall graze the aftermath with livestock;

(4) The farmer shall not increase existing application rates of inorganic fertiliser and shall not in any event apply more than 75 kilogrammes of nitrogen, 37.5 kilogrammes of phosphate or 37.5 kilogrammes of potash per hectare per year. He shall not increase existing application rates of organic fertiliser produced on his own farm and shall not apply any other organic fertiliser;

(5) The farmer shall not use fungicides or insecticides;

(6) The farmer shall not apply herbicides except to control creeping buttercup, soft rush, nettles, spear thistle, creeping or field thistle, curled dock, broad-leaved dock or ragwort. Herbicides used for these purposes shall be applied by weed wiper or spot treatment;

(7) The farmer shall not apply lime, slag or any other substance designed to reduce the acidity of the soil;

(8) The farmer shall not use a sub-soiler or tunnel plough. The farmer shall not install under- drainage or mole drainage, nor substantially modify any existing drainage system;

(9) The farmer shall maintain by mechanical means any existing field gutters, surface piping, rig and furrow, ditch or rhyne and shall not install any additional surface piping or use herbicides to control plant growth;

(10) The farmer shall not use spray irrigation;

(11) The farmer shall maintain existing hedges, trees and pollarded willows in accordance with local custom;

(12) The farmer shall not plant any trees or allow the natural establishment of trees or bushes without the prior approval of the Minister;

(13) The farmer shall not damage or destroy any feature of historic interest;

(14) The farmer shall obtain from the Minister written advice on siting and materials before constructing buildings or roads or before undertaking any other engineering or construction operations which do not require prior notification determination by the local planning authority under the Town and Country Planning General Development Order 1988(1), or planning permission;

(15) The farmer shall maintain existing gates with wing fencing and shall not erect any permanent fencing without the Minister’s prior approval;

(16) The farmer shall maintain water levels in ditches and rhynes at or above the established penning level from 1st April until 31st October in any year and at or above the established winter level from 1st November in any year until the following 31st March. He shall maintain a minimum level of 15 centimetres of water in the bottom of ditches and rhynes at all times.

Article 6(2)

SCHEDULE 2 ADDITIONAL PROVISIONS—I

As regards any land which is the subject of an agreement–

1.  The farmer shall not use a chain harrow or roller between 31st March and 1st July in any year;

2.  The farmer shall not increase existing application rates of inorganic fertiliser and shall not in any event apply more than 25 kilogrammes of nitrogen, 12.5 kilogrammes of phosphate and 12.5 kilogrammes of potash per hectare per year;

3.  Where land has not been used solely for grazing, the farmer shall mow at least one third of the area of land each year (or shall mow the whole of the area during one year in every three years) but shall not do so before 1st July in any year and shall not graze the land before laying it up;

4.  The farmer shall not cut or top the grass after 31st August in any year;

5.  The farmer shall not graze with sheep between 1st September in any year and the following 1st March;

6.  The farmer shall not use herbicides to control creeping buttercup;

7.  The farmer shall ensure that water levels in ditches and rhynes are maintained at or above the established penning level or at not more than 45 centimetres below mean field level, whichever is the higher, from 1st April until 31st October in any year. He shall maintain water levels at or above the established winter level, from 1st November in any year until 31st March in the following year. The farmer shall maintain a minimum level of 30 centimetres of water in the bottom of ditches and rhynes at all times.

Article 6(2)

SCHEDULE 3 ADDITIONAL PROVISIONS—II

As regards any land which is the subject of an agreement which does not include the provisions of Schedule 4–

1.  The farmer shall maintain water levels in ditches and rhynes at not more than 30 centimetres below mean field level from 1st May until 30th November in any year and shall maintain water levels at mean field level (so as to cause conditions of surface splashing) from 1st December in any year until the following 30th April.

Article 6(2)

SCHEDULE 4 ADDITIONAL PROVISIONS—III

As regards any land which is the subject of an agreement–

1.  The farmer shall not carry out any mechanical operations on the land between 31st March and 1st July in any year;

2.  The farmer shall not apply inorganic fertiliser. He shall not apply farmyard manure except manure which has been produced on his farm and shall not apply more than 25 tonnes per hectare per year. He shall not apply slurry.

3.  The farmer shall not graze before 20th May in any year. Thereafter he shall graze only with cattle but he shall not exceed a grazing density of one animal per 0.75 hectares from 20th May until 8th July in any year and in any event he shall not graze the land in such a manner as to cause poaching, overgrazing or undergrazing;

4.  The farmer shall not make silage. Where land has not been used solely for grazing, the farmer shall mow at least one third of the area of land each year (or shall mow the whole of the area during one year in every three years) but shall not do so before 8th July in any year and shall not graze the land before laying it up;

5.  The farmer shall not cut or top the grass after 31st August in any year;

6.  The farmer shall not use herbicides to control creeping buttercup;

7.  The farmer shall maintain water levels in ditches and rhynes at not more than 30 centimetres below mean field level from 1st May until 30th November in any year and shall maintain water levels at mean field level (so as to cause conditions of surface splashing) from 1st December in any year until the following 30th April.

Article 6(3)

SCHEDULE 5 CONSERVATION PLAN OPERATIONS

1.  The planting, laying and coppicing of hedges.

2.  The re-introduction of pollarding management including the planting of willows for future pollarding.

3.  The renovation of shelter belts.

4.  The construction of water level penning structures such as bunds and sluices in order to raise water levels in rhynes and ditches.

5.  The reinstatement of ditches.

6.  The provision of timber gates and timber wing fencing.

7.  The removal offencing alongside ditches and rhynes.

8.  The removal of scrub.

9.  The construction or re-construction of culverts.

10.  The improvement of droves within raised water level areas.

11.  The conversion of arable land to permanent grassland for the purpose of including that land in an agreement.

12.  The creation or improvement of herb-rich meadows, ponds or scrapes.

13.  Works to protect historic and archaeological features.

14.  Works designed to restore or create landscape features or features for the benefit of wildlife in a manner compatible with the enhancement of the environment.

(1)

S.I. 1988/1813. The relevant amending instrument is S.I. 1991/2268.