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Statutory Instrument 1987 No. 2027

The Environmentally Sensitive Areas (Lleyn Peninsula) Designation Order 1987

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1987 No. 2027

AGRICULTURE

The Environmentally Sensitive Areas (Lleyn Peninsula) Designation Order 1987

Made25th November 1987
Laid before Parliament30th November 1987
Coming into force1st January 1988

    Whereas, as mentioned in section 18(1) of the Agriculture Act 1986([1]), it appears to the Secretary of State that it is particularly desirable—
        (1)  to conserve and enhance the natural beauty of the area designated by 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 objects of archaeological and historic interest in that area;
    And whereas, as mentioned in the said section 18(1) of the said Act it appears to the Secretary of State that the maintenance and adoption of the agricultural methods specified in Schedule I to the following Order is likely to facilitate the aforementioned conservation, enhancement and protection;
    Now, therefore, the Secretary of State, 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 Countryside Commission and the Nature Conservancy Council as to the inclusion of the area in the following Order and the features 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 (Lleyn Peninsula) 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;
      "bank" means a bank made of stone or earth falling within or forming the boundary of a field;
      "broadleaved woodland" means land used for broadleaved woodland where that use is ancillary to the farming of land for other agricultural purposes;
      "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 Secretary of State;
      "hay meadow" means a meadow cut in the traditional manner the vegetation of which includes a mixture of native grasses, sedges and wild flowers; "livestock unit" means—
         (a) 1 cow, or
         (b) 1·25 bulls or other bovine animals over two years old, or
         (c) 1·6 bovine animals from one year to two years old inclusive, or
         (d) 2·5 bovine animals less than one year old, or
         (e) 6·66 sheep;
      "rough land" means heathland, moorland, wetland or semi-natural grassland.


        (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 Lleyn Peninsula in the County of Gwynedd which is shown coloured yellow on the maps contained in the volume of maps marked "volume of maps of area in the County of Gwynedd designated by the Environmentally Sensitive Areas (Lleyn Peninsula) Designation Order 1987", dated 17th November 1987, signed by the Minister of State, Welsh Office and deposited at the offices of the Welsh Office Agriculture Department, Plas Crug, Aberystwyth, Dyfed SY23 1NG.
    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.
    Provision as to breach of the requirements to be included in agreement
        5.     An agreement shall include provisions that:—
       (a) in the event of a breach by the farmer of any of the requirements referred to in article 4 the Secretary of State 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 Secretary of State under the agreement or such part thereof as the Secretary of State 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 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 Secretary of State under an agreement shall be at the rate of £15 per annum for each hectare of land 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 Secretary of State shall be at the rate of—
       (a) £30 per annum for each hectare of rough land subject to the additional provisions specified in paragraph 1 of Schedule 2;
       (b) £70 per annum for each hectare of hay meadow subject to the additional provisions specified in paragraph 2 of Schedule 2.


Signed by authority of the Secretary of State for Wales

Wyn Roberts

Minister of State, Welsh Office

25th November 1987
We consent,

Tony Duraut

Michael Neubert

Two of the Lords Commissioners of Her Majesty's Treasury

25th November 1987




Notes:

[1] 1986 c. 49.

[2] 1950 c. 27.

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