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Statutory Instrument 1987 No. 2034

The Environmentally Sensitive Areas (Test Valley) Designation Order 1987

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1987 No. 2034

AGRICULTURE

The Environmentally Sensitive Areas (Test Valley) Designation Order 1987

Made26th 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 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 the Schedule 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 (Test Valley) 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;
      "fen habitat" means an area of semi-natural vegetation which is waterlogged throughout the year;
      "grassland" means land on which the vegetation consists primarily of grass species;
      "livestock unit" means—
         (a) 1 cow, or
         (b) 1.4 bulls or other bovine animals over two years old, or
         (c) 1.6 bovine animals from one to two years old inclusive, or
         (d) 2.5 bovine animals less than one year old, or
         (e) 6.66 sheep;

      "the Minister" means the Minister of Agriculture, Fisheries and Food;
      "wet woodland" means woodland in which the ground 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 shall be construed as a reference to the article 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 Test Valley in the County of Hampshire which is shown coloured yellow on the maps contained in the volume of maps marked "volume of maps of Test Valley 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 Westminster House, Horseferry Road, London SW1P 2AE.
    Requirements to be included in agreement
        4.    An agreement shall include the requirements specified in the Schedule to this Order 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 Ministr 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
        1.    Payments made by the Minister under an agreement shall be at the rate of £80 per annum for each hectare of grassland to which the agreement relates.


In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on


John MacGregor

Minister of Agriculture, Fisheries and Food

25th November 1987.
We consent,

Michael Neubert

Peter Lloyd

Two of the Lords Commissioners of Her Majesty's Treasury

26th November 1987




Notes:

[1] 1986 c. 49.

[2] 1950 c. 27.

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