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.