The Environmentally Sensitive Areas (Exmoor) Designation Order 1993

Interpretation

2.—(1) In this Order—

“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;

“enclosed unimproved permanent grassland” means enclosed permanent grassland which has not undergone regular land cultivation, or which has not been regularly treated with fertilisers, lime, slag or pesticides;

“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;

“grassland” means land of which the vegetation consists primarily of grass species;

“grazing unit” means an area of land on which stock management and numbers can be controlled by existing boundaries or by shepherding;

“heather moorland or coastal heath” means moorland or coastal heath comprised in a grazing unit where the area of heather is greater than 10 hectares or represents more than 25 per cent of the area of the unit;

“heather” means common heather (Calluna vulgaris), and includes common heather growing in association with other ericaceous dwarf shrub species including western gorse (Ulex gallii);

“improved permanent grassland” means permanent grassland used for pasture or for the production of hay or silage which is regularly treated with fertilisers;

“livestock unit” means—

(a)

1 bovine animal more than 2 years old, or

(b)

1.66 bovine animals from six months old to two years old inclusive, or

(c)

6.66 sheep, or

(d)

1 soliped (other than a pure bred Exmoor pony) more than six months old;

“managed woodland” means an area of at least one hectare of woodland for which, within two years of the start of the agreement, the farmer obtains approval for a grant either in connection with the management of the land for forestry purposes under section 1 of the Forestry Act 1979(1) or in relation to the conservation and enhancement of a National Park under section 39 or 44 of the Wildlife and Countryside Act 1981(2);

“moorland” means land covered by semi-natural upland vegetation which is generally unenclosed except along ownership boundaries;

“permanent grassland” means grassland which has not been ploughed or reseeded for at least ten years;

“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.

(2) Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.

(1)

1979 c. 21.

(2)

1981 c. 69.