Amendment of the Environmentally Sensitive Areas (Blackdown Hills) Designation Order 19942
1
The Environmentally Sensitive Areas (Blackdown Hills) Designation Order 19945 shall be amended in accordance with the following paragraphs of this article.
2
In paragraph (1) of article 2 (interpretation) the definition of “managed woodland” shall be deleted.
3
In article 7 (rates of payment under agreement)—
a
in paragraph (1)—
i
in sub-paragraph (a), for “£12” there shall be substituted “£20”,
ii
in sub-paragraph (b), for “£25” there shall be substituted “£35”,
iii
in sub-paragraph (c), for “£40” there shall be substituted “£45”, and
iv
in sub-paragraph (d), for “£50” there shall be substituted “£70”,
b
in paragraph (3), for “£180” there shall be substituted “£150”;
c
paragraph (4), shall be deleted;
d
for paragraph (5), there shall be substituted the following—
5
Where an agreement includes the additional provisions specified in Schedule 5, the Minister shall make payments at the rate per annum of £2 for each 10 metres of stockproof hedges managed in accordance with the programme referred to in that Schedule, subject to a maximum of 200 metres of stockproof hedges so managed per hectare of eligible land per annum for the first 10 hectares of eligible land and thereafter a maximum of 100 metres of stockproof hedges so managed per hectare of eligible land per annum.
5A
For the purposes of paragraph (5) above, “eligible land” means land which—
a
comprises or falls within land subject to the provisions of the agreement concerned;
b
is not rough land;
c
is enclosed by boundaries; and
d
contains, whether within itself, or as the whole or part of the boundaries by which it is enclosed, hedges.
e
for paragraph (6), there shall be substituted the following—
6
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of operations included in the plan, subject to a maximum of £15,000 for that agreement..
4
In Schedule 1 (requirements to be included in an agreement)—
a
for paragraph 1(1) there shall be substituted the following—
1
the farmer shall not use any part of it for the growing of arable crops, unless, on 31st December 1993, that part was used—
a
for the growing of arable crops; or
b
for ley grassland established after 31st December 1988;
b
for paragraph 1(5), there shall be substituted the following—
5
the farmer shall—
a
within two years of the start of the agreement agree in writing with the Minister a programme for the selection and tagging of saplings to develop into hedgerow trees; and
b
carry out that programme in accordance with the agreement.
He shall not damage or remove tagged trees;
c
for paragraph 4(10), there shall be substituted the following—
10
the farmer shall—
a
within two years of the start of the agreement agree in writing with the Minister a programme to manage scrub and rushes on heathland and wetland; and
b
carry out that programme in accordance with the agreement;.
5
Schedule 4 (additional provisions in relation to managed woodland) shall be deleted.
6
In Schedule 5 (additional provisions relating to hedge management), the phrase “,including laying” shall be deleted.
7
In Schedule 6 (conservation plan operations)—
a
in paragraph 1, after the phrase “(including the provision of hedgebanks where appropriate)” there shall be added the phrase “, the laying and the coppicing of hedges”;
b
for paragraph 3, there shall be substituted the following—
3
The restoration of farm buildings using traditional materials.
c
after paragraph 7, there shall be added the following paragraphs—
8
The creation and restoration of ponds.
9
Re-planting of traditional orchards and frameworking of fruit trees in traditional orchards.
10
The selection and tagging of saplings to develop into hedgerow trees.