The Nitrate Sensitive Areas (Designation) (Amendment) Order 1993 No. 3198


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Statutory Instruments

1993 No. 3198

WATER RESOURCES, ENGLAND AND WALES

The Nitrate Sensitive Areas (Designation) (Amendment) Order 1993

Made

20th December 1993

Laid before Parliament

21st December 1993

Coming into force

11th January 1994

The Minister of Agriculture, Fisheries and Food and the Secretary of State for the Environment, acting jointly, in exercise of the powers conferred on them by section 94 of the Water Resources Act 1991(1), and of all other powers enabling them in that behalf, with the consent of the Treasury, hereby make the following Order:

Title, commencement and extent

1.-(1) This Order may be cited as the Nitrate Sensitive Areas (Designation) (Amendment) Order 1993 and shall come into force on 11th January 1994.

(2) This Order shall apply to England only.

Amendment of the Nitrate Sensitive Areas (Designation) Order 1990

2. The Nitrate Sensitive Areas (Designation) Order 1990(2) shall be amended in accordance with article 3 below.

3. In Schedule 4 (Rates of payment) for the section headed "Premium Scheme" there shall be substituted the contents of the Schedule to this Order.

Saving

4. This Order shall not apply in respect of any claim for payment by a farmer in relation to a period ending before 1st August 1993.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th December 1993.

L.S.

Gillian Shephard

Minister of Agriculture, Fisheries and Food

John Gummer

Secretary of State for the Environment

20th December 1993

We consent,

Timothy Kirkhope

Nicholas Baker

Two of the Lords Commissioners of Her Majesty's Treasury

16th December 1993

Article 3

SCHEDULE

"Premium Scheme

Option A conversion of arable land to grassland, unfertilised and ungrazed

The payment for any land in the nitrate sensitive area named in Column 1 below which is the subject of a premium scheme agreement under which the farmer has complied with the obligations listed in Option A in Schedule 2 shall be at the rate per annum specified in the appropriate Column 2, 3 or 4 opposite that name for each hectare of the land.

(1)(2)(3)(4)
Name of nitrate sensitive area£/ha/annum where under 25% of the holding is the subject of a premium scheme agreement£/ha/annum where 25%-75%of the holding is the subject of a premium scheme agreement£/ha/annum where over 75%of the holding is the subject a premium scheme agreement
Ogbourne St. George NSA455365275
Egford NSA455365275
Sleaford NSA455365275
Branston Booths NSA455365275
Kilham NSA405340275
Old Chalford NSA405340275
Wellings NSA355315275
Tom Hill NSA355315275
Wildmoor NSA355315275
Boughton NSA355315275

Option B conversion of arable land to grassland with grazing

The payment for any land in the nitrate sensitive area named in Column 1 below which is the subject of a premium scheme agreement under which the farmer has complied with the obligations listed in Option B in Schedule 2 shall be at the rate per annum specified in the appropriate Column 2, 3 or 4 opposite that name for each hectare of the land.

(1)(2)(3)(4)
Name of nitrate sensitive area£/ha/annum where under 25% of the holding is the subject of a premium scheme agreement£/ha/annum where 25%-75%of the holding is the subject of a premium scheme agreement£/ha/annum where over 75%of the holding is the subject a premium scheme agreement
Ogbourne St. George NSA425335245
Egford NSA425335245
Sleaford NSA425335245
Branston Booths NSA425335245
Kilham NSA375310245
Old Chalford NSA375310245
Wellings NSA325285245
Tom Hill NSA325285245
Wildmoor NSA325285245
Boughton NSA325285245

Option C conversion of arable land to grassland with grazing and limited application of nitrogen fertiliser

The payment for any land in the nitrate sensitive area named in Column 1 below which is the subject of a premium scheme agreement under which the farmer has complied with the obligations listed in Option C in Schedule 2 shall be at the rate per annum specified in the appropriate Column 2, 3 or 4 opposite that name for each hectare of the land.

(1)(2)(3)(4)
Name of nitrate sensitive area£/ha/annum where under 25% of the holding is the subject of a premium scheme agreement£/ha/annum where 25%-75%of the holding is the subject of a premium scheme agreement£/ha/annum where over 75%of the holding is the subject a premium scheme agreement
Ogbourne St. George NSA345255165
Egford NSA345255165
Sleaford NSA345255165
Branston Booths NSA345255165
Kilham NSA295230165
Old Chalford NSA295230165
Wellings NSA245205165
Tom Hill NSA245205165
Wildmoor NSA245205165
Boughton NSA245205165

Option D conversion of arable land to grassland with woodland

The payment for any land in the nitrate sensitive area named in Column 1 below which is the subject of a premium scheme agreement under which the farmer has complied with the obligations listed in Option D in Schedule 2 shall be at the rate per annum specified in the appropriate Column 2, 3 or 4 opposite that name for each hectare of the land.

(1)(2)(3)(4)
Name of nitrate sensitive area£/ha/annum where under 25% of the holding is the subject of a premium scheme agreement£/ha/annum where 25%-75%of the holding is the subject of a premium scheme agreement£/ha/annum where over 75%of the holding is the subject a premium scheme agreement
Ogbourne St. George NSA355265175
Egford NSA355265175
Sleaford NSA355265175
Branston Booths NSA355265175
Kilham NSA305240175
Old Chalford NSA305240175
Wellings NSA255215175
Tom Hill NSA255215175
Wildmoor NSA255215175
Boughton NSA255215175"

Explanatory Note

(This note is not part of the Order)

This Order further amends the Nitrate Sensitive Areas (Designation) Order 1990 ("the principal Order").Under section 95 of the Water Resources Act 1991 the Minister of Agriculture, Fisheries and Food may, in areas designated as nitrate sensitive areas, enter into agreements with farmers imposing obligations on them with respect to the management of the land in return for payments.The principal Order designates certain nitrate sensitive areas and differentiates between basic and premium scheme agreements.

Following a review of payment rates in accordance with article 7(2) of the principal Order, this Order increases the rates of payment for agreements made under the premium scheme (article 3 and the Schedule).The new rates will not apply in respect of any claim for payment in relation to a period ending before 1st August 1993 (article 4).

(1)

1991 c. 57.The expression "the Minister" is defined in section 221(1).

(2)

S.I.1990/1013, amended by S.I.1990/1187.These Orders were made under section 112 of the Water Act 1989 (1989 c. 15); that section has been replaced by sections 94 and 95 of the Water Resources Act 1991.


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URL: http://www.bailii.org/uk/legis/num_reg/1993/uksi_19933198_en.html