Title and commencement

1.  This Order may be cited as the Environmentally Sensitive Areas (Essex Coast) Designation (Amendment) Order 1999 and shall come into force on 31st August 1999.

Interpretation

2.  In this Order “the principal Order” means the Environmentally Sensitive Areas (Essex Coast) Designation Order 1994(5), as amended at the date that this Order comes into force.

Amendment of the principal Order

3.  The principal Order shall be amended in accordance with the following provisions of this Order.

4.  In article 2(1) of the principal Order, the provisions immediately following the words “In this Order–” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:

““agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;

“capital activity” means an activity specified in Schedule 1;

“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;

“farmer” means a person who has an interest in agricultural land in the area designated by article 3, and who has also entered into an agreement with the Minister;

“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland, pasture and rough grazing;

“management activity” means an activity specified in Schedule 2;

“permanent grassland” means grassland which has not been ploughed or re-seeded for at least five years;

“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;

“scrape” means a shallow excavation which may hold water seasonally;

“wet grassland” means grassland with the potential to retain winter and spring water levels on marshland to create field wetness or to allow shallow pools to develop.”

5.  In article 3 of the principal Order, for the words “dated 3rd March 1994, signed and sealed by the Minister” there shall be substituted “dated 31st July 1999, signed on behalf of the Minister by the Parliamentary Secretary”.

6.  For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading–

“Matters in respect of which payments may be made

4.  Payments to be made by the Minister under an agreement may be made in respect of a capital activity or a management activity.”.

7.  For article 5 of the principal Order there shall be substituted the following article and heading thereto–

“Rates of payment

5.—(1) Payments to be made by the Minister under an agreement shall not exceed–

(a)in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2; and

(b)in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.

(2) Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.”.

8.  For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.

9.  For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.

10.  The following provisions of the principal Order shall be deleted–

(a)articles 6 and 7; and

(b)Schedules 3, 4 and 5.

Article 8.

SCHEDULE 1

Articles 2(1) and 5(1)

“SCHEDULE 1CAPITAL ACTIVITIES

• The construction of water-penning structures or other works designed to control water levels.

• The construction or reconstruction of culverts and other farm ditch crossings.

• The restoration of ditches and dykes.

• The creation or restoration of ponds.

• The creation or restoration of reedbeds and sedgebeds.

• The provision of water supplies, fencing and collection pens associated with the re-introduction of livestock for grazing.

• The planting, laying or coppicing of hedges.

• The creation or improvement of herb-rich grassland.

• Works to protect historic and archaeological features.

• The provision or restoration of gates, stiles and footbridges where an agreement includes requirements as to public access.

• Management of scrub.

• The creation of scrapes.

• The restoration of dykes, ditches, gutters and footdrains.

• The installation and repair of windpumps for water level management.

• Fencing to protect habitats.

• Other works associated with habitat restoration or enhancement.”

Article 9.

SCHEDULE 2

Articles 2(1) and 5(1)

“SCHEDULE 2MANAGEMENT ACTIVITIES

Explanatory Note

(This note is not part of the Order)

This Order amends the Environmentally Sensitive Areas (Essex Coast) Designation Order 1994 (“the principal Order”) as amended, which designated an area on the Essex Coast as an environmentally sensitive area, in implementation of Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p. 85) on agricultural production methods compatible with the requirements of protection of the environment and the maintenance of the countryside, as amended by Council Regulation (EC) No. 2772/95 (OJ No. L288, 1.12.95, p. 35) as in turn rectified by Council Regulation (EC) No. 1962/96 (OJ No. L259, 12.10.1996).

This Order replaces the Schedules to the principal Order (laying down detailed requirements of the scheme) by two new Schedules specifying the capital and management activities in respect of which payments may be made and specifies the maximum payments in respect of such activities (articles 8 and 9).

The area designated by the principal Order is increased (by an amendment to article 3 of the principal Order) and the designated area as thereby enlarged is shown (coloured yellow) in a new volume of maps dated 31st July 1999, which replaces the volume of maps referred to in article 3 of the principal Order dated 3rd March 1994 (article 5).

In addition some modifications are made to article 2(1) of the principal Order which sets out the definitions (article 4).

The provisions of the principal Order that are amended or revoked do not include any that derive from the Environmentally Sensitive Areas (England) Designation Orders (Amendment) Regulations 1996 (S.I. 1996/3104); those which derive from S.I. 1996/3104 are revoked with a saving, by the Environmentally Sensitive Areas (England) Designation Orders (Revocation of Specified Provisions) Regulations 1999, which come into force on 30th August 1999.

No regulatory impact assessment has been made in respect of this Order.