The Environmentally Sensitive Areas (Cambrian Mountains) Designation (Amendment) Order 1992

Made: 8th June 1992

Laid before Parliament: 9th June 1992

Coming into force: 30th June 1992

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 18(1) and (4) 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 Countryside Council for Wales[^f00002] hereby makes the following Order:–

Title and commencement

1

This Order may be cited as the Environmentally Sensitive Areas (Cambrian Mountains) Designation (Amendment) Order 1992 and shall come into force on 30th June 1992.

Interpretation

2

In this Order “the principal Order” means the Environmentally Sensitive Areas (Cambrian Mountains) Designation Order 1986[^f00003].

Amendments of the principal Order

3

• (1) The principal Order shall be amended in accordance with the provisions of paragraphs (2) to (7) of this article.

• (2) In article 2(1) (interpretation)

• (a) there shall be inserted immediately after the definition of “hay meadow” the following definition–

“heather” means vegetation consisting of Calluna vulgaris, Erica tetralix or Erica cinerea;

• (b) the definition of “the Schedule” shall be deleted.

• (3) In article 3 (designation of environmentally sensitive area) for “Plas Crug, Aberystwyth, Dyfed, SY23 1NG” there shall be substituted “Trawsgoed, Aberystwyth, Dyfed, SY23 4HT”.

• (4) In article 4 (a) and (b) (requirements to be included in agreement) for “the Schedule” there shall be substituted “Schedule 1 to this Order”.

• (5) In article 5(a) (provision as to breach of the requirements to be included in agreement) the word “civil” shall be omitted.

• (6) For article 6 (rates of payment under agreement) there shall be substituted the following article–

(6) (1) Subject to paragraphs (2) below, payments made by the Secretary of State under an agreement shall be at the rate of– (a) £30 per annum for each hectare of semi-natural rough grazings to which the agreement relates; (b) £50 per annum for each hectare of hay meadow to which the agreement relates; and (c) £70 per annum for each hectare of broadleaved woodland to which the agreement relates. (2) Where an agreement includes the additional provisions specified in Schedule 2 to this Order, payments made by the Secretary of State shall be at the rate of– (a) £41 per annum for each hectare of semi-natural rough grazings which includes heather and which under the agreement is subject to the additional provisions specified in paragraph 1 of Schedule 2 to this Order; (b) £105 per annum for each hectare of land which is broadleaved woodland and which under the agreement is subject to the additional provisions specified in paragraph 2 of Schedule 2 to this Order. (3) Subject to paragraph (4) below, where an agreement includes one or more of the conservation plan operations specified in Schedule 3 to this Order, the Secretary of State shall also make payments, in respect of the aggregate of the operations so specified which are included in the agreement, at a rate not exceeding £120 per annum for each hectare of land to which the agreement relates. (4) The payments under paragraph (3) above shall not exceed a maximum of £4,000 per agreement.

• (7) For the Schedule to the principal Order there shall be substituted the Schedules set out in the Schedule to this Order.

Saving

4

Nothing in article 3 of this Order affects an agreement entered into on or before 29th June 1992.

SCHEDULE

Signed

David Hunt — Secretary of State for Wales — 3rd June 1992

We consent,

Gregory Knight — T. E. Boswell — Two of the Lords Commissioners of Her Majesty’s Treasury — 8th June 1992

Explanatory note

(This note is not part of the Order)

This Order amends the Environmentally Sensitive Areas (Cambrian Mountains) Designation Order 1986 which designated an area of the Cambrian Mountains as an environmentally sensitive area.

This Order–

• (a) inserts a definition of “heather” (article 3(2));

• (b) amends the address at which maps of the designated area are deposited (article 3(3));

• (c) specifies new rates of payment under management agreements entered into in relation to agricultural land in the designated area (article 3(6));

• (d) substitutes a new Schedule 1 for the previous Schedule of requirements which must be included in an agreement (article 3(7));

• (e) inserts a Schedule 2 setting out additional provisions which may be included in an agreement and which attract higher rates of payment (article 3(7));

• (f) inserts a Schedule 3 of optional provisions which may be included in an agreement as part of a conservation plan and which attract additional payments (article 3(7)).

The Order also makes minor and consequential amendments.

Agreements made on or before 29th June 1992 are unaffected by the amendments (article 4).

Footnotes

[^f00001]: 1986 c. 49; second 18(11) defines “the Minister”.

[^f00002]: The provisions in s.18 of the Agriculture Act 1986 concerning Nature Conservancy Councils were amended by part VII of, and paragraph 13 of Schedule 9 to, the Environmental Protection Act 1990 (c. 43).

[^f00003]: S.I. 1986/2257, amended by S.I. 1988/173.

[^f00004]: S.I. 1988/1813; relevant amending instruments are S.I. 1991/2268 and S.I. 1991/2805.