The Environmentally Sensitive Areas (Loch Lomond) Designation Order 1987

Article 4

SCHEDULE REQUIREMENTS TO BE INCLUDED IN AN AGREEMENT AS REGARDS LAND WHICH IS THE SUBJECT OF AN AGREEMENT

1.  The farmer shall not graze open rough grazings with cattle or sheep at an annual average stocking rate exceeding 0.50 livestock units per hectare.

2.  The farmer shall manage his open rough grazings and other permanent pasture to avoid poaching and over-grazing.

3.  The farmer shall not plough, level, re-seed or cultivate open rough grazings.

4.  The farmer shall not apply herbicides to open rough grazings except to control bracken (pteridium aquilinum), spear thistle (cirsium vulgare), creeping or field thistle (cirsium arvense), curled dock (rumex crispus), broadleaved dock (rumex obtusifolius) or ragwort (senecio jacobaea). Any herbicides used must be applied by weed wiper, spot treatment or hand spraying only. In the case of bracken (pteridium aquilinum), control shall only be by means of asulam or other chemicals approved by the Secretary of State.

5.  The farmer shall not apply pesticides to open rough grazings.

6.  The farmer shall retain existing areas of heather; make muirburn as required for good heather management in accordance with the standards set out in the joint report of the Department of Agriculture and Fisheries for Scotland and the Nature Conservancy Council entitled “A Guide to Good Muirburn Practice”; and undertake such other measures to regenerate the heather as may be necessary.

7.  The farmer shall ensure that no pollution due to the escape of silage effluent, sheep dip or other pollutant occurs.

8.  The farmer shall not remove any hedges, dykes or walls unless prior approval in writing has been obtained from the Secretary of State, which approval will only be granted in exceptional circumstances.

9.  The farmer shall maintain stockproof dykes in a stockproof condition and maintain all hedges in the interests of conservation.

10.  The farmer shall follow the Secretary of State’s guidance on farming practices for areas of archaeological interest.

11.  The farmer shall obtain prior approval in writing from the Secretary of State for any tree planting proposals not submitted to the Forestry Commission under the forestry grant schemes.

12.  The farmer shall comply with the Forestry Commission’s felling control procedures in respect of farm woodland or hedgerow trees.

13.  The farmer shall follow the guidance set out in “Loch Lomond: Agricultural Developments and Works: A Code of Practice”.

14.  The farmer shall obtain prior approval in writing from the Secretary of State before commencing the construction or significant re-alignment or improvement of vehicular tracks.

15.  The farmer shall obtain written advice from the Secretary of State before commencing the construction of new farm buildings or the carrying out of major renewal work to existing buildings.

16.  The farmer shall discuss the content of any existing agriculture development or improvement plan(as approved under the terms of the Farm and Horticulture 8Development Regulations 1981(1), theAgriculture and Horticulture Development Regulations 1980(2), or the Agriculture ImprovementRegulations 1985(3) with the Secretary of State before proceeding with any work included in thatdevelopment or improvement plan.

17.  The farmer shall prepare and agree with the Secretary of State a farm conservation plan for hisland. The farm conservation plan shall–

(a) identify land and conservation features relevant to the requirements in paragraphs 1 to 16above;

(b) contain details of the following additional farming operations to be carried out–

(i) the restoration of dykes, walls, hedges and hedgerow trees to standards consistent withconservation interests;

(ii) the enhancement of farm woodland through the erection of fencing to exclude grazingand other management measures as required.

(1)

S.I. 1981/1707, amended by S.I. 1983/507, 925, 1762, 1984/620, 1924, 1985/1266 and 1986/1295.

(2)

S.I. 1980/1298, amended by S.I. 1981/1708, 1983/508, 924, 1763, 1984/618, 1922 and 1985/1025.

(3)

S.I. 1985/1266.