The Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation (Amendment) Order 1996

Amendment of the principal Order

7.—(1) In Part I of the Schedule to the principal Order (requirements to be included in an agreement with a crofter or farmer)–

(a) in paragraph 2 the words “undertake to” shall be omitted;

(b) after paragraph 6 there shall be inserted–

“6A.   The crofter or farmer shall not remove any dykes unless authorised to do so in writing by the Secretary of State and shall maintain stockproof dykes in a stockproof condition.”;

(c) in paragraph 7 for the word “Scheme” there shall be substituted the word “agreement”;

(d) for paragraph 7(b) and (c) there shall be substituted–

“(b) identify all machair associated with the croft or farm in respect of which the crofter or farmer shall agree–

(i) to identify the ploughable area of such machair and ensure at least 15% of this area is in arable crop (or lying fallow after such recent cropping);

(ii) if available, to apply to the cropped area of the machair at least one dressing per annum of seaweed, at the minimum rate of 40 tonnes per hectare, or one dressing per annum of dung at the minimum rate of 25 tonnes per hectare;

(iii) if the cropped area is to be undersown or sown away to pasture, to use a grass seed mix approved in writing by the Secretary of State;

(iv) not to roll or harrow any area of machair used for hay or grass silage production after 1st May, (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage);

(v) not to cut intensively managed hay, grass and arable silage crops before 31st July, (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage);

(vi) not to cut extensively managed hay and grass silage crops before 15th August (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage); and

(vii) to cut all hay, grass and arable silage crops by such method as will minimise the risk of damage to young birds;

(c) identify all cropped or mown areas of non-machair ground associated with the croft or farm in respect of which the crofter or farmer shall agree–

(i) not to cut intensively managed hay, grass and arable silage crops before 31st July, (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage);

(ii) not to cut extensively managed hay and grass silage crops before 15th August (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage);

(iii) to cut all hay, grass and arable silage crops by such method as will minimise the risk of damage to young birds;

(iv) not to graze or top extensively managed hay and grass silage between 31st May and 14th August (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage); and

(v) not to roll or harrow grassland after 1st May, or arable land after 15th May, (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage);”; and

(e) after paragraph 7(g) there shall be added–

“(h) if the farmer or crofter so wishes, measures to restore dykes to standards consistent with conservation interests.”.

(2) In Part II of the Schedule to the principal Order (requirements to be included in an agreement with a common grazings committee)–

(a) in paragraph 1 the words “undertake to” shall be omitted;

(b) after paragraph 6 there shall be inserted–

“6A.   The common grazings committee shall not remove any dykes unless authorised to do so in writing by the Secretary of State, and shall maintain stockproof dykes in a stockproof condition.”;

(c) in paragraph 7 for the word “Scheme” there shall be substituted the word “agreement”; and

(d) after paragraph 7(b)(iv) there shall be added–

“(v) if the grazings committee so wishes, measures to restore dykes to standards consistent with conservation interests.”.