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The Environmentally Sensitive Areas (Breckland) Designation Order 1987

Type Statutory-Instrument
Publication 1987-11-26
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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Made: 26th November 1987

Laid before Parliament: 30th November 1987

Coming into force: 1st January 1988

Now, therefore, the Minister, in exercise of the powers conferred on him by section 18(1), (4) and (11) of the said Act, and of all other powers enabling him in that behalf, with the consent of the Treasury and after consultation with the Secretary of State, the Countryside Commission and the Nature Conservancy Council as to the inclusion of the area referred to in article 3 of this Order and the features of that area for which conservation, enhancement and protection are desirable, hereby makes the following Order —

Citation and commencement

1

This Order may be cited as the Environmentally Sensitive Areas (Breckland) Designation Order 1987 and shall come into force on 1st January 1988.

Interpretation

2

Designation of environmentally sensitive area

3

There is hereby designated as an environmentally sensitive area the area of land in Breckland in the Counties of Suffolk, Norfolk and Cambridgeshire which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Breckland environmentally sensitive area” dated 25th November 1987, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminster House, Horseferry Road, London SW1P 2AE.

Requirements to be included in agreement

4

An agreement shall include the requirements as to agricultural practices, methods and operations and the installation and use of equipment specified in Schedule 6 and in one of the Schedules numbered 1 to 5 inclusive.

Provisions as to breach of requirements to be included in agreement

5

An agreement shall include provisions that: —

Rates of payment under agreement

6

Payments made by the Minister under an agreement shall be at the following rates: —

SCHEDULE 1 — REQUIREMENTS RELATING TO HEATHLAND AND DRY GRASSLAND

As regards any heathland or dry grassland which is the subject of an agreement —

SCHEDULE 2 — REQUIREMENTS FOR ARABLE LAND WHICH IS TO REVERT TO HEATHLAND OR DRY GRASSLAND

As regards any land which is the subject of an agreement and which has been continuously used in rotation for arable cropping since 31st August 1987 —

SCHEDULE 3 — REQUIREMENTS RELATING TO WET GRASSLAND

As regards any wet grassland which is the subject of an agreement —

SCHEDULE 4 — REQUIREMENTS RELATING TO UNCROPPED WILDLIFE STRIPS

As regards any land which is the subject of an agreement and which has been continuously used in rotation for arable cropping since 31st August 1987 —

SCHEDULE 5 — REQUIREMENTS RELATING TO CONSERVATION HEADLANDS

As regards any land which is the subject of an agreement and which has been continuously used in rotation for arable cropping since 31st August 1987 —

The farmer shall observe the following requirements in regard to a strip of land at least six metres wide at the edge of a field used for the production of cereal crops —

SCHEDULE 6 — SUPPLEMENTARY REQUIREMENTS

1

As regards any land which is the subject of an agreement and to which the provisions of any of the previous Schedules apply —

2

As regards any woodland, copses or trees on any land which is the subject of an agreement —

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th November 1987.

John MacGregor — Minister of Agriculture, Fisheries and Food

We consent,

Michael Neubert — Peter Lloyd — Two of the Lords Commissioners of Her Majesty’s Treasury — 26th November 1987

Explanatory note

(This note is not part of the Order)

Section 18 of the Agriculture Act 1986 (“the 1986 Act”) gives the Minister of Agriculture, Fisheries and Food (“the Minister”) power to designate an area in England as an environmentally sensitive area where it appears to him particularly desirable to conserve, protect or enhance environmental features in that area by the maintenance or adoption of particular agricultural methods.

This Order, which complies with Title V of Council Regulation (EEC) No. 797/85 (OJ No. L93, 30.3.85, p.1) on improving the efficiency of agricultural structures, designates an area in Breckland as an environmentally sensitive area (article 3). The area is defined by reference to maps which are available for inspection during normal office hours at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminster House, Horseferry Road, London SW1P 2AE, and at

Section 18(3) of the 1986 Act enables the Minister to enter into a management agreement with any person having an interest in agricultural land in a designated area if the Minister considers that conservation of environmental features in that area may be thereby facilitated, and the Order specifies requirements as to agricultural practices, methods and operations and the installation and use of equipment which must be included in such an agreement (article 4 and Schedules 1 to 6).

A management agreement must contain the requirements specified in Schedule 6, in addition to the requirements laid down in at least one of Schedules 1 to 5 (article 4). (The agreement may also provide for the voluntary observance of the requirements of further Schedules, in which case additional payments will be made.) Annual payments to be made by the Minister under an agreement are to be at the rate per hectare of £100 for land subject to Schedule 1 or Schedule 2; £125 for land subject to Schedule 3; £300 for land subject to Schedule 4; and £100 for land subject to Schedule 5 (article 6).

The Order also contains provisions for recovery of sums paid under an agreement by the Minister in the event of a breach of the specified requirements, and for the determination by arbitration of any question as to whether a breach of those requirements has occurred (article 5).

Footnotes

[^f00001]: 1986 c. 49

[^f00002]: 1950 c. 27

[^f00003]: S.I. 1977/289, 1980/1946, 1981/245, 1569, 1983/1615, 1985/1011, 1981; the relevant amending instrument is S.I. 1986/435.

[^f00004]: S.I. 1977/289; the relevant amending instruments are S.I. 1985/1981, 1986/435.

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