The Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 1993

Explanatory Note

(This note is not part of the Order)

This Order designates as an Environmentally Sensitive Area areas of land forming parts of the Uists, Benbecula, Barra and Vatersay in the Western Isles (article 3). Those areas are designated for the purposes of conserving, protecting and enhancing environmental features of the area by the maintenance or adoption of particular agricultural methods.

The map annexed to and forming part of this note gives a general guide to the area affected by this Order. The detailed map showing the areas of the Uists, Benbecula, Barra and Vatersay which are designated can be inspected during normal office hours at the offices of the Scottish Office Agriculture and Fisheries Department, Pentland House, Robb’s Loan, Edinburgh.

The Secretary of State may enter into a management agreement with any person having an interest in agricultural land in a designated area and the Order specifies the requirements as to agricultural practices, methods and operations which must be included in such an agreement (article 4(1) and (2) and Schedule).

In the event of a breach of the specified requirements, the Secretary of State may terminate the agreement and recover sums paid under the agreement (article 5(a)). Any questions arising as to whether a breach of such requirements has occurred are to be determined by arbitration (article 5(b)).

Payments made by the Secretary of State under an agreement are prescribed according to the nature of the land covered by the agreement and whether any additional agricultural operations require to be carried out (articles 6, 7, 8 and 9).

Copies of the “Prevention of Pollution from Agricultural Activity: A Code of Good Practice” published in 1992 may be obtained without charge from the Scottish Office Agriculture and Fisheries Department at the above address.