The Environmentally Sensitive Areas (Whitlaw and Eildon) Designation Order 1988

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 apply lime, fertiliser (including farmyard manure and slurry), pesticides or herbicides (except for the control of spear-thistle

• (cirsium vulgare), creeping or field thistle

• (cirsium arvense), curled dock

• (rumex crispus), broadleaved dock

• (rumex obtusifolius)or ragwort

• (senecio jacobaea)by means of weed wiper, spot treatment or hand spraying) to rough grazings or other unimproved pasture.

2.  The farmer shall manage the rough grazings and other unimproved pasture to avoid poaching and over-grazing.

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

4.  The farmer shall retain existing areas of heather and undertake such measures as may be necessary to regenerate the heather.

5.  The farmer shall not drain any area of wetland and shall carry out the maintenance of existing open drains and watercourses in a manner appropriate to the interests of conservation.

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

7.  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 be granted only in exceptional circumstances.

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

9.  The farmer shall ensure in farming the land that he does not damage or destroy any feature of historic interest.

10.  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.

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

12.  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.

13.  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.

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

15.—(1) The farmer shall prepare and agree with the Secretary of State a farm conservation plan for his land within the designated area. The conservation plan shall identify land and conservation features relevant to the requirements in paragraphs 1 to 14 above and shall contain details of the additional farming operations to be carried out as specified in sub-paragraph (2) below.

(2) (a) The restoration of dykes, walls, hedges and hedgerow trees to standards consistent with conservation interests;

(b) the protection of areas of wetland or open water by—

(i) sowing out adjacent fields not in pasture to permanent grass;

(ii) not applying lime, fertiliser (except for establishment purposes in the first year of newly sown out grass) or herbicides (except for the control of spear-thistle

• (cirsium vulgare), creeping or field thistle

• (cirsium arvense), curled dock

• (rumex crispus), broadleaved dock

• (rumex obtusifolius)or ragwort

• (senecio jacobaea) by means of weed wiper, spot treatment or hand spraying) to adjacent fields;

(iii) fencing off areas of wetland and open water as necessary to avoid poaching and other damage;

(c) if the farmer wishes on fields to be used for arable cropping either—

(i) the control of spraying of pesticides and herbicides on a border of at least 6 metres width; or

(ii) the creation of uncropped wildlife strips to allow the natural establishment of plants by—

(a) ceasing production on a strip of land at least 6 metres wide from all borders of the field;

(b) cultivating the ground to create a seed bed;

(c) not applying chemical or organic fertiliser, lime, pesticides or herbicides (except for the control of spear-thistle

• (cirsium vulgare), creeping or field thistle

• (cirsium arvense), curled dock

• (rumex crispus), broadleaved dock

• (rumex obtusifolius)or ragwort

• (senecio jacobaea) by means of weed wiper, spot treatment or hand spraying) or sowing out grass or other seed;

(d) ensuring that the strip is not materially damaged by the passage of machinery;

(d) any additional fencing work that may be necessary to implement the requirements specified in paragraphs 4 and 9 above.

(1)

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

(2)

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

(3)

S.I. 1985/1266