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The Environmentally Sensitive Areas (North Peak) Designation Order 1993

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Moorland

3.  As regards any moorland which is the subject of an agreement—

(1) the farmer shall not increase existing stocking levels without the Minister’s prior approval and in any event shall not exceed a level of 0.15 livestock units per hectare in any year;

(2) the farmer shall agree in advance with the Minister sites for the supplementary feeding of cattle and sheep and shall use sites in rotation so as to avoid poaching;

(3) the farmer shall implement a written programme agreed with the Minister for the management of moorland vegetation by burning or cutting;

(4) the farmer shall ensure by adequate stock management measures, agreed in advance in writing with the Minister, that cattle and sheep graze only lightly, do not trespass onto neighbouring moorland and do not concentrate on or adjacent to areas vulnerable to grazing pressure, including areas of heather, heather margins and recently burnt heather;

(5) between 1st November in any year and the following 28th February, the farmer shall not allow cattle or horses to graze and shall remove 25% of his overwintering ewes and replacement hoggs;

(6) the farmer shall not excavate, plough, level, reseed or otherwise cultivate except for purposes of heather regeneration;

(7) the farmer shall not apply organic or inorganic fertiliser;

(8) the farmer shall not apply lime, slag or any other substance designed to reduce the acidity of the soil;

(9) the farmer shall not erect permanent fences on open moorland, and shall erect temporary fences only with the Minister’s prior written approval;

(10) the farmer shall not cut or spray areas of rushes;

(11) within twelve months of the start of the agreement, the farmer shall—

(a)identify areas of suppressed or eroded heather moorland which together are equivalent to at least 2% of the total area of all moorland which is subject to the agreement;

(b)exclude livestock from such areas by means of temporary fencing, which he shall remove and dispose of when heather regeneration has taken place, or the agreement ends, whichever is sooner;

(c)agree access points to the fenced areas with the Minister and where necessary erect stiles or gateways; and

(d)provide and erect notices at sites agreed with the Minister, in a form agreed with him, explaining that the existence of the fenced areas is designed to encourage heather regeneration.

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