The Environmentally Sensitive Areas (South Downs) Designation Order 1992

Article 6(2)

SCHEDULE 2 ADDITIONAL PROVISIONS

Option 1 – Chalk Downland Reversion

1.  As regards any land which is the subject of an agreement which is suitable for reversion to chalk downland which–

• has been converted from arable to grassland under a previous agreement, or

• on 31st August 1991, was in arable cropping or had been in ley management for less than five years as part of an arable rotation–

  (1)

  The farmer shall cease arable or intensive grassland production and shall establish a grassland sward within twelve months of the start of the agreement using seed from native grass species approved by the Minister.

  (2)

  During a period of twelve months from the start of the agreement the farmer shall not apply–

  (a)

  any organic or inorganic fertiliser,

  (b)

  lime, slag or any substance designed to reduce the acidity of the soil,

  (c)

  any pesticide

  without obtaining the Minister’s prior approval.

  (3)

  During each of the three years following grasslandestablishment, the farmer shall cut the grassland sward, remove the cuttings as hay or silage and graze the aftermath. He shall not make the first cut before 16th July in any year.

2.  The farmer shall observe the requirements of Schedule 1 paragraph 3 from the commencement of the agreement. After the expiry of the twelve month period referred to in paragraph 1(2) above, he shall also observe the requirements of Schedule 1 paragraph 1 except that he may cultivate the grassland sward using a chain harrow or roller during the three years from the start of the agreement.

Option 2 – Permanent Grassland Reversion

1.  As regards any land which is the subject of an agreement which is suitable for conversion from arable to permanent grassland and which–

• has been converted from arable to grassland under a previous agreement, or

• on 31st August 1991, was in arable cropping or had been in ley management for less than five years as part of an arable rotation–

  (1)

  Except where reversion to grassland has already taken place, the farmer shall cease arable production and establish a grassland sward within twelve months of the start of the agreement.

  (2)

  During a period of twelve months from the start of the agreement the farmer shall not apply–

  (a)

  any organic or inorganic fertiliser,

  (b)

  lime, slag or any substance designed to reduce the acidity of the soil,

  (c)

  any pesticide

  without obtaining the Minister’s prior approval.

2.  The farmer shall observe the requirements of Schedule 1 paragraph 3 from the commencement of the agreement. After the expiry of the twelve month period referred to in paragraph 1(2) above, he shall observe the requirements of Schedule 1 paragraph 1 (in relation to chalk downland), or Schedule 1 paragraph 2 (in relation to river valley grassland).

Option 3 – Conservation Headlands

3.  As regards any strip which is the subject of an agreement–

(1)

The farmer shall not apply insecticides except between 31st August in any year and the following 1st January.

(2)

The farmer shall not apply herbicides to the strip other than–

(a)

Tri–allate, diclofop–methyl, difenzoquat, flamprop–M–isopropylbenzoyl propethyl or fenoxapropethyl;

(b)

Glyphosate, provided that it is applied in the pre-harvest period by spot treatment and solely for the control of couch, black bent or onion couch;

(c)

Fluroxypyr, provided it is applied by spot treatment and solely for the control of cleavers; or

(d)

any other herbicide applied by any method which the Minister may from time to time approve for this purpose.

(3)

The farmer may cultivate and apply herbicides to that part of the strip which adjoins a field boundary where it is desirable so to do in order to maintain a sterile area.