Legalize
Legalize / United Kingdom / Statutory-Instrument

The Environmentally Sensitive Areas Designation (Wales) (Amendment) Order 1995

Type Statutory-Instrument
Publication 1995-01-30
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API

Made: 30th January 1995

Laid before Parliament: 7th February 1995

Coming into force: 1st March 1995

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 18(1) and (4)[^f00002] 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[^f00003] hereby makes the following Order:—

Title and commencement

1

This Order may be cited as the Environmentally Sensitive Areas Designation (Wales) (Amendment) Order 1995 and shall come into force on 1st March 1995.

Amendment of the Environmentally Sensitive Areas (Cambrian Mountains--Extension) Designation Order 1987

2

  • “access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
  • “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;

(4A) An agreement may include the requirements as to public access specified in Schedule 1A.

(3A) Where an agreement includes the requirements as to public access specified in Schedule 1A the Secretary of State shall, in addition to any payments made under paragraphs (1) to (3) above, make payments at the rate of £170 per annum for each hectare of access route.

(11) The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.

Amendment of the Environmentally Sensitive Areas (Lleyn Peninsula) Designation Order 1987

3

  • “access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
  • “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;

(4A) An agreement may include the requirements as to public access specified in Schedule 1A.

(3A) Where an agreement includes the requirements as to public access specified in Schedule 1A the Secretary of State shall, in addition to any payments made under paragraphs (1) to (3) above, make payments at the rate of £170 per annum for each hectare of access route.

(11) The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.

Amendment of the Environmentally Sensitive Areas (Ynys Môn) Designation Order 1993

4

  • “access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
  • “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;

(4A) An agreement may include the requirements as to public access specified in Schedule 1A.

(3A) Where an agreement includes the requirements as to public access specified in Schedule 1A the Secretary of State shall, in addition to any payments made under paragraphs (1) to (3) above, make payments at the rate of £170 per annum for each hectare of access route.

(9) The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.

Amendment of the Environmentally Sensitive Areas (Radnor) Designation Order 1993

5

  • “access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
  • “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;

(4A) An agreement may include the requirements as to public access specified in Schedule 1A.

(3A) Where an agreement includes the requirements as to public access specified in Schedule 1A the Secretary of State shall, in addition to any payments made under paragraphs (1) to (3) above, make payments at the rate of £170 per annum for each hectare of access route.

(9) The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.

Amendment of the Environmentally Sensitive Areas (Clwydian Range) Designation Order 1994

6

  • “access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
  • “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;

(4A) An agreement may include the requirements as to public access specified in Schedule 1A.

(3A) Where an agreement includes the requirements as to public access specified in Schedule 1A the Secretary of State shall, in addition to any payments made under paragraphs (1) to (3) above, make payments at the rate of £170 per annum for each hectare of access route.

(11) The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.

Amendment of the Environmentally Sensitive Areas (Preseli) Designation Order 1994

7

  • “access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
  • “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;

(4A) An agreement may include the requirements as to public access specified in Schedule 1A.

(3A) Where an agreement includes the requirements as to public access specified in Schedule 1A the Secretary of State shall, in addition to any payments made under paragraphs (1) to (3) above, make payments at the rate of £170 per annum for each hectare of access route.

(12) The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.

SCHEDULE

Signed

Signed by authority of the Secretary of State for Wales

Gwilym Jones — Parliamentary Under Secretary of State — 20th January 1995

We consent,

Andrew Mitchell — Derek Conway — Two of the Lords Commissioners of Her Majesty’s Treasury — 30th January 1995

Explanatory note

(This note is not part of the Order)

The Secretary of State for Wales has made a series of Orders, including the Environmentally Sensitive Areas (Cambrian Mountains—Extension) Designation Order 1987, the Environmentally Sensitive Areas (Lleyn Peninsula) Designation Order 1987, the Environmentally Sensitive Areas (Ynys Môn) Designation Order 1993, the Environmentally Sensitive Areas (Radnor) Designation Order 1993, the Environmentally Sensitive Areas (Clwydian Range) Designation Order 1994 and the Environmentally Sensitive Areas (Preseli) Designation Order 1994, which designated areas in Wales as environmentally sensitive areas.

In compliance with Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92 page 85) (“the Council Regulation”) this Order amends each of the Orders named above by detailing the requirements in relation to public access (articles 2 to 7 and the Schedule) which may be included in management agreements made under section 18(3) of the Agriculture Act 1986 and the rates of payment to be made by the Secretary of State in such cases (articles 2 to 7). The said requirements in relation to public access form part of the zonal programmes made by the United Kingdom in accordance with Article 3 of the Council Regulation. Those programmes were approved by the European Commission in accordance with Article 7 of that Regulation.

This Order also amends the Environmentally Sensitive Areas (Cambrian Mountains—Extension) Designation Order 1987 by providing that a management agreement shall include a requirement that a farmer will not damage or destroy any feature of historic interest in farming the land (article 2(5)).

Footnotes

[^f00001]: 1986 c. 49. The expression “the Minister” is defined in section 18(11).

[^f00002]: Section 18(4) was amended by S.I. 1994/249.

[^f00003]: The provisions in section 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).

[^f00004]: S.I. 1987/2026, as amended by S.I. 1988/173 and 1994/240.

[^f00005]: S.I. 1987/2027, as amended by S.I. 1988/173 and S.I. 1994/241.

[^f00006]: S.I. 1993/1210, as amended by S.I. 1993/2422.

[^f00007]: S.I. 1993/1211.

[^f00008]: S.I. 1994/238.

[^f00009]: S.I. 1994/239.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.