Statutory Instruments
1997 No. 1444

AGRICULTURE
The Environmentally Sensitive Areas (West Penwith) Designation Order 1997

Made
5th June 1997

Laid before Parliament
10th June 1997

Coming into force
1st July 1997

Whereas, as mentioned in section 18(1) of the Agriculture Act 1986(1), it appears to the Minister of Agriculture, Fisheries and Food (“the Minister”) that it is particularly desirable—
(1) to conserve and enhance the natural beauty of the area referred to in article 3 of this Order;
(2) to conserve the flora and fauna and geological and physiographical features of that area; and
(3) to protect buildings and other objects of historic interest in that area;
And whereas, as mentioned in that section, it appears to the Minister that the maintenance or adoption of the agricultural methods specified in Schedule 1 to this Order is likely to facilitate the aforementioned conservation, enhancement and protection;

Now, therefore, the Minister, in exercise of the powers conferred on him by section 18(1) and (4)(2) 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, the Nature Conservancy Council for England(3) and the Historic Buildings and Monuments Commission for England as called for by section 18(1) and (2) of the said Act and section 99 of the Environment Act 1995(4), hereby makes the following Order:

Title and commencement

1.  This Order may be cited as the Environmentally Sensitive Areas (West Penwith) Designation Order 1997 and shall come into force on 1st July 1997.

Interpretation

2.—(1) In this Order—

“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements referred to in article 5(3);

“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;

“conservation plan” has the meaning given to it in article 5(5);

“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;

“recognised dairy breed” means one of the following breeds of cattle, namely Ayrshire, British Fresian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry; and

“rough land” means heathland, wetland, semi-natural grassland or scrub.

(2) Any reference in this Order to a numbered article or Schedule (with no corresponding reference to a specific instrument) is a reference to the article or Schedule bearing that number in this Order.

Designation of environmentally sensitive area

3.  There is hereby designated as an environmentally sensitive area the area of land in West Penwith in the County of Cornwall which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the West Penwith Environmentally Sensitive Area” dated 4th June 1997 signed by the Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, at Noble House, 17 Smith Square, London SW1P 3JR.

Requirements and provisions of agreement

4.—(1) The requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in an agreement are those specified in Schedule 1.

(2) The provisions relating to additional matters in respect of which the Minister may make payments in accordance with article 5 are specified in Schedules 2, 3, 4 and 5.

Rates of payment under agreement

5.—(1) The Minister may make payments under an agreement in consideration of the requirements included pursuant to article 4(1), up to the maximum rate per annum set out in Part I of Schedule 6 for each hectare of land to which the agreement relates.

(2) Where an agreement contains the additonal provisions specified in either or both of Schedule 2 or Schedule 3, the Minister may make payments in consideration of those provisions up to the maximum rate per annum for each hectare of land which under the agreement is subject to those provisions, as set out opposite the reference to the Schedule in question in Part II of Schedule 6.

(3) An agreement may include the requirements as to public access specified in Schedule 4 and, where it does so, the Minister may make payments in consideration of those requirements up to the maximum rate per annum set out in Part III of Schedule 6 for each hectare of access route.

(4) Where an agreement includes a conservation plan, the Minister may also make payments in consideration of the operations included in the plan up to the maximum sum set out in Part IV of Schedule 6.

(5) For the purposes of paragraph (4) of this article, a conservation plan means a plan which the farmer undertakes or has undertaken as part of an agreement to implement within a period of two years, for the carrying out of one or more of the operations specified in Schedule 5.

(6) In this article and Schedule 6 any reference to a payment rate in relation to any unit of measurement includes a proportionate rate for a proportionate part of that unit.

Revocation, saving and amendment

6.—(1) The Environmentally Sensitive Areas (West Penwith) Designation Order 1986(5) is, in so far as it was made under section 18 of the Agriculture Act 1986, hereby revoked except that the provisons of that Order so made, as amended in accordance with Schedule 7, shall continue to apply to agreements made before the coming into force of this Order in relation to land within the area designated by that Order.

(2) The Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1992(6), the Environmentally Sensitive Areas (West Penwith) Designation (Amendment) (No. 2) Order 1994(7) and the Environmentally Sensitive (West Penwith) Designation (Amendment) Order 1996(8) are hereby revoked, but not so as to affect the exception referred to in paragraph (1) if this article.

Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th June 1997

We consent

Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty's
5th June 1997

Article 4(1)

SCHEDULE 1REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1.  As regards all land which is the subject of the agreement, requirements to the effect that—

(a)the farmer shall maintain existing field patterns and shall not remove any hedges or walls or the lynchets on which they stand or any part thereof;

(b)the farmer shall not widen gateways or remove gate posts;

(c)the farmer shall maintain stockproof hedges and walls in a stockproof condition using traditional materials;

(d)the farmer shall not erect any permanent fencing;

(e)the farmer shall maintain ponds and streams;

(f)the farmer shall not remove boulders which protrude from, or rest on the surface of, the land;

(g)the farmer shall not damage or destroy any feature of historic interest;

(h)the farmer shall maintain any weatherproof traditional farm buildings for which he is responsible in a weatherproof condition using traditional materials;

(i)the farmer shall obtain written advice concerning siting and materials from the Minister before constructing buildings or roads or undertaking any other engineering or construction operations which do not require prior determination as to the need for any approval by the local planning authority under Part 6 or 7 of Schedule 2 (permitted development) to the Town and Country Planning (General Permitted Development) Order 1995(9), or planning permission; and

(j)the farmer shall not plant trees on the land without prior written consent of the Minister.

2.  As regards any rough land which is subject to the agreement, requirements to the effect that—

(a)the farmer shall maintain the rough land and shall not plough it, excavate it, level it, re-seed it, cultivate it or carry out any mechanical operations on it;

(b)the farmer shall not install any new drainage nor substantially modify any existing drainage system;

(c)the farmer shall graze the rough land with cattle but not in such a manner as to cause poaching, overgrazing or undergrazing;

(d)the farmer shall not burn heather, grass or scrub except in accordance with a programme agreed in advance with the Minister;

(e)the farmer shall restrict supplementary feeding of livestock to areas agreed in advance with the Minister;

(f)the farmer shall not apply any fertiliser to the rough land;

(g)the farmer shall not apply to the rough land any lime, slag or any other substance designed to reduce the acidity of the soil;

(h)the farmer shall not use fungicides or insecticides on the rough land;

(i)the farmer shall not apply to the rough land herbicides except to control bracken, spear thistle, creeping or field thistle, curled dock, broad-leaved dock or ragwort and, if using herbicides for that purpose, shall apply them by weed wiper or spot treatment, and, in relation to bracken, shall control it by means of asulam where it cannot be controlled by mechanical means;

(j)the farmer shall not erect temporary fencing.

Article 4(2) and 5(2)

SCHEDULE 2ADDITIONAL PROVISION TO WHICH PAYMENTS REFERRED TO IN SCHEDULE 6, PART II, ITEM 1 RELATE

As regards all field boundaries on land (other than rough land) which is subject to the agreement, a requirement that the farmer shall not plough or apply pesticides or fertilisers to a strip of land at least 1 metre wide adjacent to each field boundary.

Article 4(2) and 5(2)

SCHEDULE 3ADDITIONAL PROVISIONS TO WHICH PAYMENTS REFERRED TO IN SCHEDULE 6, PART II, ITEM 2 RELATE

As regards any land which is subject to the agreement, requirements to the effect that—
(a)the farmer shall plough and cultivate the land and sow a spring cereal crop on it on or after 15th March in any given year;
(b)the farmer shall not apply insecticides to the land, and shall only apply fungicides, herbicides and growth regulators to it with the prior written agreement of the Minister;
(c)the farmer shall harvest the crop, and remove the straw, but shall leave the stubble until the following 15th March; and
(d)the farmer shall not apply to the land any pesticides or fertiliser between the crop harvest and the following 15th March.

Articles 4(2) and 5(3)

SCHEDULE 4REQUIREMENTS AS TO PUBLIC ACCESS

As regards any access route which is subject to the agreement, requirements to the effect that—
(a)the farmer shall make the access route available for public access at no charge;
(b)the farmer shall maintain free passage over the access route;
(c)the farmer shall not erect new fences on or adjacent to the access route without the prior written approval of the Minister;
(d)the farmer shall keep the access route and fields crossed by it free of litter and other refuse;
(e)the farmer shall exclude bulls from the access route and fields crossed by it, except for any bull which—

(i)does not exceed the age of 10 months, or

(ii)is not of a recognised dairy breed and is at large in any field or enclosure in which cows and heifers are also at large;
(f)the farmer shall provide and maintain adequate means of entry to the access route;
(g)the farmer shall affix and maintain appropriate signboards and waymarking;
(h)the farmer shall not without the Minister’s prior written approval permit any of the following activities on the access route or on fields crossed by it:—

(i)camping,

(ii)caravanning,

(iii)lighting of fires,

(iv)organised games or sports,

(v)riding of motor vehicles (except for those used for agricultural operations;
(i)the farmer shall agree in advance with the Minister in writing whether the riding of horses or cycles shall be permitted on the access route, and shall not permit such activities other than to the extent so agreed;
(j)the farmer shall not close the access route to the public other than for a specified number of days, to be agreed with the Minister in writing and in advance, and, where the access route is closed as so agreed, shall ensure that signs giving notice of the intended closure and the reasons for it are posted at each entry point to the access route at least two weeks in advance of the date of closure and;
(k)the farmer shall agree in advance with the Minister in writing public liability insurance cover and shall maintain it for the duration of the agreement.

Articles 4(2) and 5(5)

SCHEDULE 5CONSERVATION PLAN OPERATIONS

1.  The provision and rebuilding of Cornish and stone hedges, walls and stiles.

2.  The renovation of traditional farm buildings using traditional materials.

3.  The management of scrub.

4.  The reversion of land to rough land, or the environmental improvement of rough land.

5.  The creation or restoration of ponds.

6.  The control of bracken.

7.  Works to protect historic and archaeological features.

8.  Works designed to restore or create landscape features or features for the benefit of wildlife in a manner compatible with the enhancement of the environment.

9.  The provision and restoration of gates, stiles and footbridges where the agreement includes the requirements of Schedule 4 as to public access.

10.  The planting of trees.

11.  The provision and restoration of traditional gates and gateposts.

12.  The provision of cattle grids.

Article 5

Schedule 6MAXIMUM PAYMENT RATES

Part I
A maximum rate of £75 per annum

Part II

Item
Schedule
Maximum rate in £ per hectare of land per annum

1
Schedule 2
7

2
Schedule 3
150

Part III
A maximum rate of £170 per annum

Part IV
A maximum sum of £100,000 per agreement

Article 6

Schedule 7AMENDMENTS TO THE ENVIRONMENTALLY SENSITIVE AREAS (WEST PENWITH) DESIGNATION ORDER 1986

1.  The Environmentally Sensitive Areas (West Penwith) Designation Order 1986(10) is amended in accordance with the following provisions of this Schedule.

2.  In article 2 (interpretation) in paragraph (1) for the definition of “conservation plan” there is substituted the following definition—

“conservation plan” means a plan which the farmer undertakes or has undertaken as part of an agreement to implement within a period of two years, for the carrying out of one or more of the operations specified in Schedule 2 (or in Schedule 5 to the Environmentally Sensitive Areas (West Penwith) Designation Order 1997);

3.  In article 6 (rates of payment under agreement),—

(a)after paragraph (1A) there is inserted the following paragraph—

“(1B)Where an agreement contains the additional provisions specified in Schedule 2 or 3 to the Environmentally Sensitive Areas (West Penwith) Designation Order 1997, the Minister shall make payments for each hectare of land which under the agreement is subject to those additional provisions at the rate per annum of £7 (in the case of Schedule 2 thereto) and £150 (in the case of Schedule 3 thereto).”; and

(b)for paragraph (2) there is substituted the following paragraph—

“(2)Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, up to a maximum sum of £100,000 per agreement.”.

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”) the 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 is made pursuant to Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p.85, as last amended by Commission Regulation (EC) No. 2772/95 (OJ No. L288, 1.12.95, p.35)) and implements in part a zonal programme approved thereunder, designates an area in the West Penwith as an environmentally sensitive area (article 3). The previous designation of an environmentally sensitive area in West Penwith is, in so far as it is made under section 18 of the 1986 Act, revoked, with saving provisions (article 6 and Schedule 7). The provisions of the previous designation Order so revoked are all those which do not derive from S.I. 1996/3104; those which derive from S.I. 1996/3104 are revoked, with a saving, by the Environmentally Sensitive Areas (England) Designation Orders (Revocation of Specified Provisions) Regulations 1997. The newly designated 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 Nobel House, 17 Smith Square, London SW1P 3JR.
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 thereby be facilitated. The Order specifies requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in such an agreement (article 4(1) and Schedule 1), and the requirements in relation to further matters in respect of which the Minister may make payments which may be included in an agreement (article 4(2) and Schedules 2 to 5). The rates of payment which may be made under an agreement in respect of those additional requirements are set out (article 5 and Schedule 6).
Management agreements covered by this Order are also subject to Commission Regulation (EC) No. 746/96 (OJ No. L102, 25.4.96, p.19) laying down detailed rules for the application of the Council Regulation 2078/92, which Commission Regulation has been amended by Commission Regulation (EC) No. 435/97 (OJ No. L67, 7.3.97, p.2.).
No compliance cost assessment has been prepared in relation to this Order.


(1)
1986 c. 49. The expression “the Minister” is defined in section 18(11).

(2)
Section 18(4) was amended by S.I., 1994/249.

(3)
The provisions in section 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).

(4)
1995 c. 25.

(5)
S.I. 1986/2251, amended by S.I. 1992/51, S.I. 1994/933, S.I. 1996/922, S.I. 1996/3104.

(6)
S.I. 1992/51.

(7)
S.I. 1994/933, which itself revoked the amendment to S.I. 1986/2251 made by S.I. 1994/250.

(8)
S.I. 1996/922.

(9)
S.I. 1995/418.

(10)
S.I. 1986/2251, amended by S.I. 1992/51, S.I. 1994/933, S.I. 1996/922, S.I. 1996/3104.