Statutory Instrument 1987 No. 2031

The Environmentally Sensitive Areas (Shropshire Borders) Designation Order 1987

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© Crown Copyright 1987

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1987 No. 2031

AGRICULTURE

The Environmentally Sensitive Areas (Shropshire Borders) Designation Order 1987

Whereas, as mentioned in section 18(1) of the Agriculture Act 1986^[1], it appears to the Minister that it is particularly desirable —
    (1)  to conserve and enhance the natural beauty of the area referred to in article 3 of the following 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 the said section 18(1) of the said Act it appears to the Minister that the maintenance and adoption of the agricultural methods specified in Schedule 1 to the following 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), (4) and (11) 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 as to the inclusion of the area referred to in article 3 of this Order and the features of that area for which conservation, enhancement and protection are desirable, hereby makes the following Order:

Citation and commencement
    1.    This Order may be cited as the Environmentally Sensitive Areas (Shropshire Borders) Designation Order 1987 and shall come into force on 1st January 1988.

Interpretation
    2.—(1)  In this Order —
"agreement" means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
"farmer" means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Minister;
"grassland" means land on which the vegetation consists primarily of grass species;
"the Minister" means the Minister of Agriculture, Fisheries and Food;
"rough grazing land" means land covered by semi-natural vegetation;
"unimproved grassland" means grassland which has not been regularly ploughed, levelled, drained, re-seeded or treated with fertilisers, lime, slag, herbicides or pesticides;
"woodland" means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.


    (2)  Any reference in this Order to a numbered article or Schedule shall be construed as 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 the Shropshire Borders which is shown coloured yellow on the maps contained in the volume of maps marked "volume of maps of Shropshire Borders environmentally sensitive area" dated 25th November 1987, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminister House, Horseferry Road, London SW1P 2AE.

Requirements to be included in agreement
    4.    An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.

Provisions as to breach of requirements to be included in agreement
    5.    An agreement shall include provisions that —
 (a) in the event of a breach by the farmer of the requirements referred to in article 4 the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a civil debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
 (b) any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950^[2] or any statutory modification or re-enactment thereof for the time being in force.

Rates of payment under agreement
    6.—(1)  Subject to paragraph (2) below, payments made by the Minister under an agreement shall be at the rate of £30 per annum for each hectare of grassland and of land used for arable and fodder crops to which the agreement relates.

    (2)  Where an agreement includes the additional provisions specified in Schedule 2 as to agricultural practices, methods and operations and the installation and use of equipment, payments made by the Minister in respect of grassland and rough grazing land which under the agreement is subject to those additional provisions shall be at the rate of £80 per annum for each hectare of such land.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
25th November 1987.


John MacGregor

Minister of Agriculture, Fisheries and Food

We consent,

Michael Neubert

Peter Lloyd

Two of the Lords Commissioners of Her Majesty's Treasury

26th November 1987

[1] 1986 c. 49. back

[2] 1950 c. 27. back

Explanatory Note