The Environmentally Sensitive Areas (West Penwith) Designation (Amendment) (No. 2) Order 1994

Title and commencement

1.  This Order may be cited as the Environmentally Sensitive Areas (West Penwith) Designation (Amendment) (No. 2) Order 1994 and shall come into force on 30th April1994.

Revocation and interpretation

2.—(1) The Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1994(1)is hereby revoked and the Environmentally Sensitive Areas (West Penwith) Designation Order 1986(2)shall have effect as if the said Order of 1994 had never been made, subject, however, to the amendments made by the following provisions of this Order.

(2) In this Order “the princial Order” means the said Order of 1986 as it had effect immediately before the said Order of 1994 came into force.

Amendment of the principal Order

3.  The principal Order shall be amended in accordance with the following provisions of this Order.

Definitions

4.  In article 2 of the principal Order—

(1) before the definition of “agreement” there shall be inserted the following definition:

““access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;”;

(2) after the definition of “agreement” there shall be inserted the following definition:

““conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 2 which the farmer undertakes, as part of an agreement, to implement within a period of two years;”;

(3) after the definition of “the Minister” there shall be inserted the following definition:

““recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;”.

Requirements to be included in an agreement

5.  After article 4 of the principal Order there shall be inserted the following article:

“4A.   An agreement may include the requirements as to public access specified in Schedule 1A to this Order.”.

Rates of payment under agreement

6.—(1) In paragraph (1)

of article 6 of the principal Order for “£65” there shall be substituted “£70”.

(2) After paragraph (1)

of article 6 of the principal Order there shall be inserted the following paragraph:

“(1A) Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at the rate of £170 per annum for each hectare of access route.”.

(3) For paragraph (2)

of article 6 of the principal Order, there shall be substituted the following paragraph:

“(2) Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, subject to a maximum of £20,000 for each agreement.”.

Schedules

7.—(1) In sub-paragraph (3)

of paragraph 1 of Schedule 1 to the principal Order for the word “farm” there shall be substituted the word “farmer”.

(2) After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.

(3) In paragraph 2 of Schedule 2 to the principal Order for the words “traditional farm buildings” there shall be substituted the words “farm buildings using traditional materials”.

(4) After paragraph 8 of Schedule 2 to the principal Order there shall be inserted the following paragraph:

“9.   The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.”.

Saving

8.  Paragraph (1) of article 6 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1994.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th March 1994.

L.S.

Gillian Shephard

Minister of Agriculture, Fisheries and Food

We consent,

Irvine Patnick

Timothy Wood

Two of the Lords Commissioners of Her Majesty’s Treasury

24th March 1994