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The Environmentally Sensitive Areas (The Broads) Designation Order 1997

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Article 4(1)

SCHEDULE 1REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1.  As regards any grassland which is subject to the agreement, requirements to the effect that—

(a)the farmer shall maintain the grassland and not plough, level or reseed it and shall not cultivate it except with a chain harrow or roller;

(b)the farmer shall graze it with livestock except pigs or poultry but not so as to cause poaching, overgrazing or undergrazing;

(c)the farmer shall take no more than one cut of hay or silage each year;

(d)where the farmer takes a cut of hay or silage in accordance with subparagraph (c) above, he shall graze the aftermath;

(e)the farmer shall not increase his existing application rates of inorganic fertiliser and shall not in any event apply more than 125 kilograms of nitrogen, 75 kilograms of phosphate and 75 kilograms of potash per hectare of the grassland per year;

(f)the farmer shall use no more than 94 kilograms of nitrogen per hectare of the grassland in any one application;

(g)the farmer shall not apply pig slurry or poultry manure to the grassland and shall not increase his existing application rates of organic manure to it;

(h)the farmer shall not apply farmyard manure to the grassland except manure which has been produced on his own farm and shall not apply more than 30 tonnes per hectare of the grassland in a year;

(i)the farmer shall not apply cattle slurry to the grassland except slurry which has been produced on his own farm and shall not apply more than 30 cubic metres of slurry containing 10 per cent or more of dry matter per hectare of the grassland per annum or such greater volume in cubic metres of slurry as the Minister regards as equivalent if the dry matter is less than 10 per cent;

(j)the farmer shall not apply fungicide or insecticides to the grassland;

(k)the farmer shall not apply herbicides to the grassland except to control nettles, spear thistle, creeping or field thistle, curled dock, broad-leaved dock or ragwort, shall control infestations of those weeds by cutting or by herbicides, and if using herbicides for that purpose shall apply them by weed wiper or by spot treatment.

2.  As regards all land which is the subject of the agreement, requirements to the effect that—

(a)the farmer shall not mole-drain or install under-drainage, and shall not sub-soil or slit drain or otherwise modify substantially his existing drainage system;

(b)the farmer shall maintain existing dykes in rotation by mechanical means, shall slub out each ditch and dyke at least once every 8 years and not more than once every 5 years and shall dry and level the spoil after slubbing out;

(c)the farmer shall ensure that water is maintained at a suitable level for livestock to graze on grazing marshes and shall—

(i)ensure that there is at least 30 centimetres of water in the bottom of dykes between 31st October in any given year and the following 1st March, and

(ii)begin to increase dyke water levels to summer levels no later than 1st March in any given year;

(d)the farmer shall maintain hedges, ponds and reedbeds;

(e)the farmer shall not damage or destroy any feature of historic interest;

(f)the farmer shall obtain written advice on siting and materials from the Minister before constructing buildings or roads or before undertaking any other engineering or construction operations which do not require prior determination as to the need for any approval by the local planning authority under Part 6 or 7 of Schedule 2 (permitted development) to the Town and Country Planning (General Permitted Development) Order 1995(1) or planning permission; and

(g)the farmer shall obtain written advice on the management of any woodland or scrub and on any proposal to plant new woodland from a person approved by the Minister for the purpose of giving that advice.

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