
1 
This Order may be cited as the Environmentally Sensitive Areas (Blackdown Hills) Designation (Amendment) Order 1999 and shall come into force on 31st August 1999.
2 
In this Order “the principal Order” means the Environmentally Sensitive Areas (Blackdown Hills) Designation Order 1994, 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;
 “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;
 “heathland” means sandy or chalky land which is free-draining and covered by semi-natural vegetation;
 “improved permanent grassland” means permanent grassland that is regularly treated with fertilisers, and used for pasture or for the production of hay or silage;
 “low input permanent grassland” means permanent grassland used for pasture or hay or silage production, which receives little or no fertiliser and which has the potential to develop or has developed botanical diversity;
 “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;
 “woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.”.
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–“
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–“
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, 5 and 6.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
31st July 1999We consent,
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 1999
SCHEDULE 1
Article 8
“
SCHEDULE 1
Articles 2(1) and 5(1)


 The planting of hedges (including the provision of hedge banks where appropriate), the laying and the coppicing of hedges and the restoration of non-stockproof hedges and hedgebanks.
 The control of bracken or scrub.
 The restoration of farm buildings using traditional materials.
 Works to protect historic and archaeological features.
 The reversion of land to heathland.
 The provision of fencing and water supplies associated with the re-introduction of livestock for grazing.
 The creation or restoration of ponds.
 The restoration and re-planting of traditional orchards.
 The selection and tagging of saplings to develop into hedgerow trees.
 The provision or restoration of gates, stiles and footbridges where an agreement includes requirements as to public access.
 Tree planting.
 Fencing to exclude livestock from woodland.
 Other works associated with habitat restoration or enhancement.
”
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 (except where otherwise stated)
1. Maintenance of cultivated land 20
2. Management of improved permanent grassland 35
3. Management of low input permanent grassland 45
4. Management of grassland field margins 100
5. Management of unimproved pasture and rough land 70
6. Management of species-rich hay meadows 150
7. Re-creation and management of heathland 260
8. In relation to woodland:
(a) maintenance of existing woodland 20
 
(b) management of woodland to enhance its nature conservation and landscape value 100
9. Hedgerow management £0.20 per metre
10. Hedge and hedgebank restoration 11
11. The provision of public access routes 170”