The Environmentally Sensitive Areas (North Kent Marshes) Designation Order 1993

Article 4

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AGREEMENT

As regards all land which is the subject of an agreement—

(1) the farmer shall maintain grassland and shall not plough, level or reseed. He shall not cultivate between 31st March and 1st July in any year and at other times shall cultivate using only a chain harrow or roller;

(2) the farmer shall graze with cattle or sheep or both, or with horses in conjunction with cattle or sheep or both, but not so as to cause poaching, overgrazing or undergrazing. He shall not exceed a stocking density of 0.75 livestock units per hectare between 31st March and 1st June in any year;

(3) the farmer shall not top or cut the grass for hay or silage before 1st July in any year;

(4) the farmer shall wilt and turn grass cut for silage before removal and shall graze the aftermath;

(5) the farmer shall restrict supplementary feeding of livestock to areas agreed in advance with the Minister;

(6) the farmer shall not apply inorganic or organic fertiliser except farmyard manure produced on his farm;

(7) the farmer shall not increase his existing application rate of farmyard manure and in any event shall not apply more than 12.5 tonnes per hectare in any year. He shall not apply farmyard manure between 31st March and 1st June in any year and at other times shall apply it in a single dressing;

(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 use insecticides or fungicides;

(10) the farmer shall not apply herbicides except to control nettles, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort. Herbicides used for these purposes shall be applied by means of a hand-held weed wiper or by spot treatment with a knapsack sprayer;

(11) the farmer shall not fill in ditches, dykes, rills or hollows;

(12) the farmer shall maintain existing water levels in ditches and dykes;

(13) the farmer shall maintain ditches and dykes in rotation by mechanical means. He shall dry spoil and spread it adjacent to the ditch or dyke;

(14) the farmer shall not install any new land drainage system and shall not modify any existing land drainage system so as to bring about improved drainage;

(15) the farmer shall retain and manage ponds and reedbeds;

(16) the farmer shall maintain gates, gateways and wing fences;

(17) the farmer shall retain and manage hedges, trees and treelines. He shall maintain stockproof hedges in a stockproof condition using traditional methods;

(18) the farmer shall not plant any trees, hedges or woodland without the Minister’s prior written approval;

(19) the farmer shall maintain any weatherproof traditional farm buildings for which he is responsible in a weatherproof condition using traditional methods;

(20) the farmer shall not damage, destroy or remove any feature of archaeological or historic interest;

(21) the farmer shall obtain written advice on siting and materials before constructing buildings or roads or before undertaking any other engineering or construction works which do not require prior notification determination by the local planning authority under the Town and Country Planning General Development Order 1988(1), or planning permission.

(1)

S.I.1988/1813. The relevant amending instrument is S.I.1991/2805.