Title and commencement

1. This Order may be cited as the Environmentally Sensitive Areas (Shropshire Hills) Designation (Amendment) Order 1996 and shall come into force on 1st September 1996.

Amendment of the Environmentally Sensitive Areas (Shropshire Hills) Designation Order 1994

2.-(1) The Environmentally Sensitive Areas (Shropshire Hills) Designation Order 1994(5) shall be amended in accordance with the following paragraphs of this article.

(2) In paragraph 1 of article 2 (interpretation)-

(a)after the definition of "grazing unit" there shall be added the following definition-

""haymeadow" means land used for the production of hay;"

(b)the definition of "managed woodland" shall be deleted; and

(c)for the definition of "meadowland" there shall be substituted the following definition-

""meadowland" means haymeadow or land used for the production of silage;"

(3) In article 7 (rates of payment under agreement)-

(a)in paragraph (1)-

(i)in sub-paragraph (a), for "£12" there shall be substituted "£20",

(ii)in sub-paragraph (b), for "£30" there shall be substituted "£35",

(iii)in sub-paragraph (c), for "£40" there shall be substituted "£50", and

(iv)after the phrase "unless a higher rate is applicable in accordance with" there shall be added the phrase "paragraph (1A), paragraph (1B) or";

(b)after paragraph (1) there shall be inserted the following paragraphs-

"(1A) Where an agreement includes the requirements relating to permanent grassland specified in paragraph 2 of Schedule 1 in relation to any haymeadow, the Minister shall make payments at the rate of £125 per annum for each hectare of that haymeadow.

(1B) Where an agreement includes the requirements relating to extensive permanent grassland specified in paragraph 3 of Schedule 1 in relation to any haymeadow, the Minister shall make payments at the rate of £140 per annum for each hectare of that haymeadow.;"

(c)paragraph (4) shall be deleted;

(d)for paragraph (5) there shall be substituted the following-

"(5) Where an agreement includes the additional provisions specified in Schedule 5, the Minister shall make payments at the rate per annum of £5 for each metre of stockproof or non-stockproof hedges managed in accordance with the programme referred to in that Schedule, subject to a maximum of 2 metres of stockproof or non-stockproof hedges so managed per hectare of eligible land per annum.

(5A) For the purposes of paragraph (5) above, "eligible land" means land which-

(a)comprises or falls within land subject to the provisions of the agreement concerned;

(b)is not moorland;

(c)is enclosed by boundaries; and

(d)contains, whether within itself, or as the whole or part of the boundaries by which it is enclosed, hedges.; "; and

(e)for paragraph (6), there shall be substituted the following-

"(6) Where an agreement includes a conservation plan, the Minister shall also make payments in respect of operations included in the plan, subject to a maximum of £20,000 for that agreement."

(4) In Schedule 1 (requirements to be included in an agreement)-

(a)for paragraph 1(1) there shall be substituted the following-

"(1) the farmer shall not use any part of it for the growing of arable crops, unless, on 31st December 1993, that part was used-

(a)for the growing of arable crops; or

(b)for ley grassland established after 31st December 1983."; and

(b)for paragraph 4(5) there shall be substituted the following-

"(5) the farmer shall-

(a)within one year of the start of the agreement, agree with the Minister a programme for any necessary burning or cutting of moorland vegetation; and

(b)carry out that programme in accordance with the agreement;"

(5) Schedule 4 (additional provisions relating to managed woodland) shall be deleted.

(6) In Schedule 6 (conservation plan operations)-

(a)in paragraph 1, after the word "planting" there shall be added the phrase, "laying, coppicing or gapping-up"; and

(b)for paragraph 2 there shall be substituted the following-

"2. The restoration of farm buildings using traditional methods."; and

(c)in paragraph 5, before the word "restoration" there shall be added the words "creation and".

Saving

3.-(1) Paragraph (3)(a), (b), (d) and (e) of article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st September 1996.

(2) Paragraph (2)(b), (3)(c) and (5) of article 2 of this Order shall not apply in relation to any agreement made before the date of coming into force of this Order.

Explanatory Note

(This note is not part of the Order)

This Order amends the Environmentally Sensitive Areas (Shropshire Hills) Designation Order 1994 (S.I. 1994/709) which designated an area in the Shropshire Hills as an environmentally sensitive area, in compliance with Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p.85) on agricultural production methods compatible with the requirements of protection of the environment and the maintenance of the countryside.

Subject to a saving provision, the Order amends the rates of payments to be made by the Minister of Agriculture, Fisheries and Food pursuant to a management agreement made under section 18(3) of the Agriculture Act 1986, clarifies which part of the agreement land may be used for the growing of arable crops, adds a supplementary payment rate for permanent grassland or extensive permanent grassland where that land is haymeadow, revokes the option of including managed woodland in a management agreement, clarifies an ambiguity raised by the Joint Committee on Statutory Instruments and adds several options to the operations that may be included in a conservation plan (articles 2 and 3).

No Compliance Cost Assessment in relation to this Order has been prepared.