The Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1992

Made: 15th January 1992

Laid before Parliament: 15th January 1992

Coming into force: 5th February 1992

Now, therefore, the said Minister 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 Secretary of State, the Countryside Commission and the Nature Conservancy Council for England[^f00002] hereby makes the following Order:

Title and commencement

1

This Order may be cited as the Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1992 and shall come into force on 5th February 1992.

Interpretation

2

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

Amendment of the principal Order

3

The principal Order shall be amended in accordance with articles 4, 5, 6, 7 and 8 of this Order.

Designation of environmentally sensitive area

4

In article 3 of the principal Order for “Great Westminster House, Horseferry Road, London SW 1P 2AE” there shall be substituted “Nobel House, 17 Smith Square, London SW 1P 3HX.”.

Requirements to be included in agreement

5

In article 4 of the principal Order for “the Schedule” there shall be substituted “Schedule 1”.

Provisions as to breach of requirements to beincluded in agreement

6

In article 5(a) of the principal Order, the word “civil” shall be omitted.

Rates of payment under agreement

7

For article 6 of the principal Order there shall be substituted the following article–

(6) (2) The Minister shall make payments under an agreement at the rate of £65 per annum for each hectare of land to which the agreement relates. (2) Where an agreement includes one or more of the conservation plan operations specified in Schedule 2, the Minister shall make payments according to the farming operations which are carried out at a rate not exceeding £100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4000 per agreement.

Amendment of Schedule

8

For the Schedule to the principal Order there shall be substituted the schedules set out in the Schedule to this Order.

Saving

9

Nothing in articles 5, 6, 7 and 8 of this Order affects an agreement entered into on or before 31st December 1991.

SCHEDULE

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th January 1992

John Selwyn Gummer — Minister of Agriculture, Fisheries and Food — 14th January 1992.

We consent,

Thomas Sackville — Nicholas Baker — Two of the Lords Commissioners of Her Majesty’s Treasury — 15th January 1992

Explanatory note

(This note is not part of the Order)

This Order amends the Environmentally Sensitive Areas (West Penwith) Designation Order 1986 which designated the area of West Penwith as an environmentally sensitive area. The Order substitutes a new Schedule for the previous Schedule of requirements which must be included in any management agreement entered into in relation to agricultural land in the designated area and inserts a Schedule of optional provisions which may be undertaken as part of a conservation plan (article 8). It also specifies new rates of payment under agreements (article 7) and amends the address at which maps of the designated area are deposited (article 4). Agreements made before 1st January 1992 are unaffected by the amendments (article 9)

Footnotes

[^f00001]: 1986 c. 49. Section 18(11) of the 1986 Act 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 Schedule 9 to, the Environmental Protection Act 1990 (c. 43).

[^f00003]: S.I. 1986/2251.

[^f00004]: S.I. 1988/1813. The relevant amending instrument is S.I. 1991/2268.