Title and commencement

1. This Order may be cited as the Environmentally Sensitive Areas (Dartmoor) Designation Order 1994 and shall come into force on 6th April 1994.

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 specified in Schedule 2 as to public access;

"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" means a plan for the carrying out of one or more of the operations specified in Schedule 8 which the farmer undertakes, as part of an agreement, to implement within a period of two years;

"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;

"grazing unit" means an area of land on which stock management and numbers can be controlled by existing boundaries or by shepherding;

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

"improved permanent grassland" means permanent grassland which is receiving regular inputs of inorganic fertiliser exceeding 50 kg of nitrogen, 25 kg of phosphate and 25 kg of potash per hectare per year;

"livestock unit" means-

"low-input permanent grassland" means permanent grassland which is receiving inputs of inorganic fertiliser not exceeding 50 kg of nitrogen, 25 of kg phosphate and 25 kg of potash per hectare per year;

"managed woodland" means an area of at least one hectare of woodland for which, within two years of the start of the agreement, the farmer or the woodland owner obtains approved for a grant in connection with the management of the land for forestry purposes under section 1 of the Forestry Act 1979(3);

"moorland" means land covered by semi-natural upland vegetation and which is generally unenclosed except along ownership boundaries;

"Newtake" means a parcel of land covered by semi-natural vegetation which has been enclosed in accordance with local custom from the area known as the Forest of Dartmoor;

"permanent grassland" means grassland which has not been ploughed or reseeded for at least ten years;

"recognised dairy breed" means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;

"unimproved pasture and enclosed rough land" means enclosed areas of rough grazing, scrub, mires and wetland which have not been regularly cultivated, drained or reseeded or treated with fertiliser, lime, slag or pesticides;

"wetland" means land which is subject to regular flooding or which is waterlogged for the greater part of the year;

"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 on Dartmoor in the County of Devon which is shown coloured yellow on the maps contained in the volume of maps marked "volume of maps of Dartmoor environmentally sensitive area" dated 3rd March 1994, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.

Requirements included in an 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.

5. An agreement may also include the requirements as to public access specified in Schedule 2 to this Order.

Breach of requirements

6. An agreement shall include provisions that-

(a)in the event of a breach by the farmer of the requirements referred to in article 4 which are included in the agreement, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a 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 the 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(4) or any statutory modification or reenactment thereof for the time being in force.

Rates of payment under agreement

7.-(1) The Minister shall make payments under an agreement for land to which the agreement relates at the following rates-

(a)£12 per annum for each hectare of land other than improved permanent grassland, low-input permanent grassland, unimproved pasture and enclosed rough land, moorland or woodland;

(b)£25 per annum for each hectare of improved permanent grassland;

(c)£30 per annum for each hectare of low-input permanent grassland;

(d)£32 per annum for each hectare of unimproved pasture and enclosed rough land;

(e)£40 per annum for each hectare of moorland,

unless a higher rate is applicable in accordance with paragraph (3) below.

(2) Where an agreement includes the requirements as to public access specified in Schedule 2 the Minister shall make payments at the rate of £170 per annum for each hectare of access route.

(3) Where an agreement includes the additional provisions specified in Schedule 3 or 4 in relation to any land, the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table-

(4) Where an agreement includes the additional provisions specified in Schedule 5 in relation to any managed woodland, the Minister shall make payments at a rate of £25 per annum for each hectare of that managed woodland.

(5) Where an agreement includes the additional provisions specified in Schedule 6, the Minister shall make payments at the rate of £3 for each 10 metres of stockproof hedge per hectare, subject to a maximum of 50 metres of stockproof hedge per hectare, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1 (less any Newtakes or moorland) which contains or is enclosed or partially enclosed by such hedges.

(6) Where an agreement includes the additional provisions specified in Schedule 7, the Minister shall make payments at the rate per annum of £4 for each 0.25 metre of stone walls or banks, subject to a maximum of 1.5 metres of stone walls or banks per hectare per annum, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1 (less any Newtakes or moorland) which contains or is enclosed or partially enclosed by stone walls or banks.

(7) Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding £100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4,000 for each such plan.

Articles 4 and 7(1)

SCHEDULE 1REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1. As regards all land which is the subject of an agreement-

(1) the farmer shall not use land (including ley grassland which has been established for lessthan 10 years) for the growing of arable crops apart from land in such use on 31st December 1993;

(2) the farmer shall not increase existing application rates of organic or inorganic fertiliser. He shall not apply organic fertiliser within 50 metres of any spring, well or borehole that supplies water for human consumption or within 10 metres of any watercourse;

(3) the farmer shall not remove any hedges, walls or banks or any part thereof and shall notplough or apply pesticides or fertiliser on any land within 1 metre of any hedge, wall or bank;

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

(5) the farmer shall not erect any permanent fences, other than for side protection of stockproof hedges and banks, without the Minister's prior written approval;

(6) the farmer shall retain and manage watercourses, ditches, ponds and wetland (including margins and banks) for which he is responsible by mechanical means;

(7) the farmer shall not construct any new ponds without the Minister's prior written approval;

(8) the farmer shall not install any new land drainage system or modify any existing land drainage system so as to bring about improved drainage;

(9) the farmer shall retain any existing broadleaved woodland;

(10) the farmer shall retain and manage any individual trees and groups of trees for which he is responsible;

(11) the farmer shall not plant any new woodland or trees without the Minister's prior written approval;

(12) the farmer shall not increase his existing stocking level or area of supplementary feeding areas in any woodland;

(13) within two years of the start of the agreement, the farmer shall obtain from a person approved by the Minister written advice on the management of existing woodland and on any proposals to plant new woodland;

(14) the farmer shall not remove boulders or rock outcrops;

(15) the farmer shall manage scrub;

(16) the farmer shall undertake any necessary control of bracken in accordance with a programme agreed in writing in advance with the Minister. Control shall be by means of asulam where mechanical means cannot be used;

(17) the farmer shall dispose of sheep dip safely. He shall not spread sheep dip where it may affect areas of nature conservation value;

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

(19) the farmer shall not damage, destroy or remove any feature of archaeological or historic interest;

(20) within two years of the start of the agreement the farmer shall obtain from a person approved by the Minister written advice on the agricultural management of known archaeological and historic features;

(21) the farmer shall obtain from the Minister written advice on siting, design and materials before constructing buildings or roads or before carrying out any other engineering or construction works which do not require prior notification determination by the local planning authority under the Town and Country Planning General Development Order 1988(5), or planning permission;

(22) the farmer shall ensure that livestock removed from the land do not graze areas of common which are not subject to an agreement.

2. As regards all improved permanent grassland which is the subject of an agreement-

(1) the farmer shall maintain the land and shall not plough, level or reseed;

(2) the farmer shall not graze with livestock so as to cause poaching, overgrazing or undergrazing;

(3) the farmer shall graze the aftermath of any cut grass with livestock and shall wilt and turn any grass cut for silage before removal.

3. As regards all low-input permanent grassland which is the subject of an agreement-

(1) the farmer shall maintain the land and shall not plough, level or reseed. The farmer shall not cultivate except by means of a chain harrow or roller;

(2) the farmer shall not graze with livestock so as to cause poaching, overgrazing or undergrazing;

(3) the farmer shall not increase existing application rates of inorganic fertiliser and in any event shall not apply more than 50 kg of nitrogen, 25 kg of phosphate and 25 kg of potash per hectare per year;

(4) the farmer shall not apply any organic fertiliser except for farmyard manure or slurry. He shall not increase existing application rates of farmyard manure or slurry and in any event shall not apply more than 25 tonnes per hectare per year. He shall not apply any pig or poultry manure or sewage sludge;

(5) the farmer shall not apply any lime, slag or any other substance designed to reduce the acidity of the soil without the Minister's prior written approval;

(6) the farmer shall not apply any fungicides or insecticides;

(7) the farmer shall not apply any herbicides except to control bracken, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort or to carry out stump treatment of cleared scrub. Except in the case of bracken, herbicides used for these purposes shall be applied by wick applicator or by spot treatment;

(8) where before the start of the agreement the farmer cuts the grass for hay, he shall continue to do so and shall graze the aftermath.

4. As regards all unimproved pasture and enclosed rough land which is the subject of an agreement-

(1) the farmer shall maintain the land and shall not excavate, plough, level, reseed, chain harrow, roll or otherwise cultivate and shall not cut or top vegetation;

(2) the farmer shall not graze with livestock so as to cause poaching, overgrazing or undergrazing;

(3) the farmer shall not apply any organic or inorganic fertiliser;

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

(5) the farmer shall not apply any fungicides or insecticides;

(6) the farmer shall not apply any herbicides except to control bracken, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort or to carry out stump treatment of cleared scrub. Except in the case of bracken, herbicides used for these purposes shall be applied by wick applicator or by spot treatment;

(7) the farmer shall restrict supplementary feeding of livestock to areas and systems agreed with the Minister in writing in advance;

(8) the farmer shall not erect any temporary fencing without the Minister's prior written approval.

5. As regards all moorland which is the subject of an agreement-

(1) the farmer shall maintain the land and shall not excavate, plough, level, reseed, chain harrow, roll or otherwise cultivate;

(2) the farmer shall not graze with livestock so as to cause poaching, overgrazing or undergrazing;

(3) the farmer shall not apply any organic or inorganic fertiliser;

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

(5) the farmer shall not apply any fungicides or insecticides;

(6) the farmer shall not apply any herbicides except to control bracken, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort or to carry out stump treatment of cleared scrub. Except in the case of bracken, herbicides used for these purposes shall be applied by wick applicator or by spot treatment;

(7) within two years of the start of the agreement the farmer shall agree with the Minister a programme of any necessary burning or cutting of moorland vegetation;

(8) the farmer shall not increase existing total stocking levels or cattle stocking levels and in any event shall not exceed 0.225 livestock units (excluding ponies) per hectare;

(9) the farmer shall not exceed a total stocking level (excluding ponies) of 0.17 livestock units per hectare from 1st November in any year until the following 15th April inclusive;

(10) the farmer shall not increase his existing pony stocking level and in any event shall not exceed a pony stocking level of 0.04 livestock units per hectare. He shall not graze with ponies other than those which are hardy so as to require supplementary feeding only in emergency conditions;

(11) the farmer shall not provide supplementary feed for livestock except that in emergency conditions he may provide hay. When he provides supplementary feeding, the farmer shall ensure that any physical damage to moorland is kept to a minimum;

(12) the farmer shall ensure adequate stock management so as to achieve even grazing over the whole grazing unit and to prevent other livestock straying onto the land;

(13) the farmer shall not erect any temporary fencing without the Minister's prior written approval.

Articles 5 and 7(2)

SCHEDULE 2REQUIREMENTS AS TO PUBLIC ACCESS

As regards any access route which is the subject of an agreement-

(1) the farmer shall make the access route available for public access at no charge;

(2) the farmer shall maintain free passage over the access route;

(3) the farmer shall not erect new fences on or adjacent to the access route without the prior written approval of the Minister;

(4) the farmer shall keep the access route and fields crossed by it free of litter and other refuse;

(5) the farmer shall exclude bulls from the access route and fields crossed by it, except for any bull-

(a)which does not exceed the age of ten months, or

(b)which 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;

(6) the farmer shall provide and maintain adequate means of entry to the access route;

(7) the farmer shall affix and maintain appropriate signboards and waymarking;

(8) the farmer shall not permit any of the following activities on the access route or on fields crossed by it: camping, caravanning, lighting of fires, organised games or sports, riding of motor vehicles (except for those used for agricultural operations on the land), without the Minister's prior written approval;

(9) the farmer shall agree with the Minister in writing in advance 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;

(10) 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. Where such a prior agreement is reached, the farmer may close the access route for the number of days so specified, provided 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;

(11) the farmer shall agree with the Minister in writing in advance public liability insurance cover and shall maintain it for the duration of the agreement.

Article 7(3)

SCHEDULE 3ADDITIONAL PROVISIONS-I(SPECIES RICH HAY MEADOWS)

As regards any species rich hay meadows which are the subject of an agreement-

(1) the farmer shall maintain the land and shall not plough, level or reseed. He shall not cultivate the land except by means of a chain harrow or roller but shall not use a chain harrow or roller from 1st April until 15th July inclusive in any year;

(2) the farmer shall graze with cattle or sheep but not so as to cause poaching, overgrazing or undergrazing, and shall exclude stock before 15th May until the end of cutting in any year;

(3) the farmer shall cut the grass each year only for hay but shall not cut it before 15th July in any year. At least once in every five years he shall not cut for hay until after 31st July. Where he cuts the grass, the farmer shall remove the cuttings and graze the aftermath;

(4) the farmer shall not apply any organic or inorganic fertiliser except for farmyard manure. He shall not increase existing application rates of farmyard manure and in any event shall not apply more than 20 tonnes of farmyard manure per hectare in any three year period. He shall apply farmyard manure in a single dressing. He shall not apply any slurry, pig or poultry manure or sewage sludge;

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

(6) the farmer shall not apply any fungicides or insecticides;

(7) the farmer shall not apply any herbicides except to control bracken, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort or to carry out stump treatment of scrub. Except in the case of bracken control, herbicides used for these purposes shall be applied by means of a wick applicator or by spot treatment.

Article 7(3)

SCHEDULE 4ADDITIONAL PROVISIONS-II(MOORLAND)

As regards any moorland which is the subject of an agreement-

(1) the farmer shall not exceed existing total stocking levels or cattle stocking levels and in any event he shall not exceed 0.17 livestock units (excluding ponies) per hectare;

(2) the farmer shall not graze with cattle from 1st November in any year until the following 15th April inclusive;

(3) from 1st November in any year until the following 15th April inclusive the farmer shall not exceed a sheep stocking level of 0.08 livestock units per hectare or a pony stocking level of 0.04 livestock units per hectare.

Article 7(4)

SCHEDULE 5ADDITIONAL PROVISIONS-III(MANAGED WOODLAND)

As regards any managed woodland which is the subject of an agreement, the farmer shall provide alternative grazing and shelter for livestock displaced from the land.

Article 7(5)

SCHEDULE 6ADDITIONAL PROVISIONS-IV(HEDGE MANAGEMENT)

As regards any stockproof hedges which are the subject of an agreement, the farmer shall carry out a programme agreed in writing in advance with the Minister for the management of such stockproof hedges by traditional means, including laying.

Article 7(6)

SCHEDULE 7ADDITIONAL PROVISIONS-V(RESTORATION OF STONE WALLS AND BANKS)

As regards any stone walls or banks which are the subject of an agreement, the farmer shall carry out a restoration programme agreed in writing in advance with the Minister.

Article 7(7)

SCHEDULE 8CONSERVATION PLAN OPERATIONS

1. The restoration of traditional farm buildings.

2. The control of bracken or scrub.

3. Works to protect historic and archaeological features.

4. The planting of hedges and the restoration of non-stockproof hedges.

5. The regeneration of suppressed heather.

6. The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 2 as to public access.

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") power to designate areas in England as environmentally sensitive areas where it appears to her particularly desirable to conserve, protect or enhance environmental features in those areas by the maintenance or adoption of particular agricultural methods.

This Order, which complies with Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p. 85) on agricultural methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, designates an area on Dartmoor as an environmentally sensitive area (article 3). The 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 by which that person agrees in consideration of payments to be made by the Minister to manage the land in accordance with the agreement. 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 and Schedule 1), as well as the requirements as to public access which may be included in an agreement (article 5 and Schedule 2). It also details the additional provisions which may be included in an agreement (Schedules 3 to 7) and the conservation and plan operations which may be carried out (Schedule 8).

The Order also contains provisions for recovery of sums paid under an agreement by the Minister in the event of a breack of the specified requirements, and for the determination by arbitration of any question as to whether such a breach has occurred (article 6). The rates of payment to be made by the Minister under an agreement are set out, including the rates applicable to an agreement which contains additional provisions designed to attract higher rates of payment (article 7).