
1 
This Order may be cited as the Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1998 and shall come into force on 22nd June 1998.
2 
In this Order “the principal Order” means the Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1993, as amended at the date that this Order comes into force.
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;
 “buffer strip” means a strip of land which is subject to a prohibition on the use of fertilisers and pesticides, is at least six metres wide and is located at the edge of a field used for the production of arable crops and which adjoins an open drainage channel;
 “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;
 “cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;
 “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;
 “management activity” means an activity specified in Schedule 2;
 “permanent grassland” means grassland which has not been ploughed or reseeded 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;
 “relevant date” means 22nd June 1998; and
 “woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.”.
5 
For article 4 of the principal Order and the heading thereto there shall be substituted the following article and heading—“
4 
A payment to be made by the Minister under an agreement may be made in respect of—
(a) a capital activity; or
(b) a management activity which—
(i) in the case of a payment to be made under an agreement entered into before the relevant date, is specified in Part I or Part II of Schedule 2; and
(ii) in the case of a payment to be made under an agreement entered into on or after the relevant date, is specified in Part I of Schedule 2.”
6 
For article 5 of the principal Order and the heading thereto there shall be substituted the following article and heading—“
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.”.
7 
For Schedule 1 to the principal Order there shall be substituted Schedule set out in Schedule 1 to this Order.
8 
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
9 
The following provisions shall be deleted—
(a) articles 4A and 6; and
(b) Schedules 1A, 3 and 4.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1998We consent,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1998
SCHEDULE 1
Article 8
“
SCHEDULE 1
Articles 2(1) and 5(1)


 The construction of bunds or sluices, or other works designed to control water levels.
 The restoration and reprofiling of ditches and dykes.
 The creation or restoration of ponds.
 The construction or reconstruction of culverts.
 The gapping, laying or coppicing of hedges.
 Works to protect historic and archaeological features.
 The provision and restoration of gates, stiles and footbridges, where an agreement includes requirements as to public access.
 Provision of water supplies and fencing associated with the reintroduction of grazing.
 Wind pumps for water level management.
 Provision of wooden gates and associated wing fencing.
 Creation of reedbeds (including sedgebeds).
 Creation of scrapes.
 Other works for the restoration or enhancement of wildlife habitats.
”
SCHEDULE 2
Article 9
“
SCHEDULE 2
Articles 2(1) and 5(1)


Column 1 Column 2
Activity Maximum rate in £ per hectare of land per annum
Part I

1 
Management of permanent grassland. 130

2 
Management of grassland so as to bring about and maintain high water levels. 200

3 
In relation to cultivated land:
(a) reversion of arable land to grassland 265

(b) the creation and management of buffer strips. 400

4 
Maintenance of woodland. 17

5 
The provision of public access routes. 170
Part II
Where management of any kind referred to in item 1 of Part 1 above is undertaken, additional management for the purpose of bringing about and maintaining highwater levels. 50”