The Environmentally Sensitive Areas (Argyll Islands) Designation Order 1993

Article 4

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

1.  The crofter, farmer or common grazings committee shall avoid damaging rough grazings, unimproved pasture, reverted improved land, machair and dune grassland, wetlands, water margins, native woodland, amenity woodland and scrub by ploughing, new drainage or modifying existing drains, levelling, re-seeding or cultivating or by clearing scrub or iris beds.

2.  The crofter, farmer or common grazings committee shall avoid damaging rough grazings, unimproved pasture, reverted improved land, machair and dune grassland, wetlands, water margins, native woodland, amenity woodland and scrub by poaching, feeding practices or overgrazing.

3.  The crofter, farmer or common grazings committee shall not apply herbicides, pesticides, lime or fertiliser (including farmyard manure and slurry) to rough grazings, unimproved pasture, reverted improved land, machair and dune grassland, wetlands, water margins, native woodland, amenity woodland and scrub except that–

(a) herbicides may be applied to control bracken (pteridium aquilinum), spear thistle (cirsium vulgare), creeping or field thistle (cirsium arvense), curled dock (rumex crispus), broadleaved dock (rumex obtusifolius), ragwort (senecio jacobaea), rhododendron and, with the prior written consent of the Secretary of State, for the control of other plants; and

(i) any herbicides used must be applied by weed wiper, spot treatment, or hand spraying or, with the prior written approval of the Secretary of State, by other methods;

(ii) in the case of bracken, chemical control shall only be by means of asulam or other chemicals approved, in writing, by the Secretary of State;

(b) lime and fertiliser may be applied to unimproved pasture and reverted improved land with the prior written approval of the Secretary of State, provided that the level of application does not result in the deterioration or loss of the features of interest.

4.  The crofter, farmer or common grazings committee shall make muirburn in accordance with the standards set out in the Scottish Natural Heritage leaflet entitled “A Muirburn Code” published in 1993.

5.  The crofter, farmer or common grazings committee shall farm in accordance with the Secretary of State’s Code entitled “Prevention of Pollution from Agricultural Activity: A Code of Good Practice” published in 1992, so as to prevent, or at least minimise, the risk of pollution of the water, air and soil environments.

6.  The crofter, farmer or common grazings committee shall not carry out any fencing of rough grazings without the prior written approval of the Secretary of State.

7.  The crofter, farmer or common grazings committee shall not remove any dykes, unless authorised to do so in writing, by the Secretary of State, and shall maintain stockproof dykes in a stockproof condition.

8.  The crofter, farmer or common grazings committee shall avoid damaging or destroying any features or areas of historic or archaeological interest and shall follow the Secretary of State’s guidance for the protection of such features or areas.

9.  The crofter, farmer or common grazings committee shall preserve the amenity value of the landscape by screening or removing unsightly waste tips and dumps and by the removal of abandoned vehicles and scrap metal and other rubbish.

10.  The crofter, farmer or common grazings committee shall obtain prior written approval from the Secretary of State before commencing the construction or significant re-alignment or improvement of vehicular tracks.

11.  The crofter, farmer or common grazings committee shall not remove or cause sand or shingle to be removed from any dunes or beaches without the prior written approval of the Secretary of State.

12.  The crofter, farmer or common grazings committee shall prepare and agree with the Secretary of State a comprehensive conservation plan for the land, implement the terms of the plan and keep the operation of the plan under review. Each conservation plan will cover a 5 year period of the Scheme and shall–

(a) identify land and conservation features relevant to the requirements in paragraphs 1 to 11 above;

(b) if appropriate to the croft, farm or common grazings committee, contain details of the following farming operations:–

(i) a grazing plan and other measures necessary to conserve, enhance or extend areas of native woodland, amenity woodland and scrub and, if the crofter, farmer or common grazings committee so wishes, limited amenity planting of trees;

(ii) a grazing plan and other measures necessary to conserve, enhance or extend areas of wetlands and water margins;

(iii) a grazing plan and other measures necessary to conserve or enhance areas of machair and dune grassland;

(iv) a grazing plan and other measures necessary to conserve, enhance or extend areas of herb rich unimproved grassland;

(v) if the crofter, farmer or common grazings committee so wishes, a grazing plan and other measures necessary for the regeneration and subsequent retention of heather, other upland vegetation and heath on specified areas of rough grazing;

(vi) if the crofter, farmer or common grazings committee so wishes, measures to restore dykes and stone fanks to standards consistent with conservation interests;

(vii) if the crofter, farmer or common grazings committee so wishes, measures to improve the condition of features or areas of historic or archaeological interest;

(viii) if the crofter or farmer so wishes, the introduction or continuation of an arable cropping pattern which will conserve or enhance the environmental diversity of a maximum of 4 hectares of inbye land by restricting cultivations such as ploughing, harrowing and rolling to the period between28th Februaryand15th May,or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage, except for root crops, where nests must be located and avoided during operations;

(ix) if the crofter or farmer so wishes, the introduction or continuation of measures designed to protect breeding birds on fields managed for hay, silage or arable silage by–

(aa) creating early cover for birds;

(bb) not rolling, harrowing or spreading after1st May,or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage;

(cc) removing grazing by1st June,or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage;

(dd) cutting after31st July,or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage; and

(ee) cutting in a method that causes minimal damage to young birds.