
1 
This Order may be cited as the Environmentally Sensitive Areas (Dartmoor) 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 (Dartmoor) Designation Order 1994.
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;
 “grassland” means land on which the vegetation consists primarily of grass species and includes meadowland, pasture and rough grazing;
 “improved permanent grassland” means permanent grassland that is regularly treated with fertilisers, and used for pasture or for the production of hay or silage;
 “management activity” means an activity specified in Schedule 2;
 “low input permanent grassland” means grassland used for pasture of hay or silage production, which receives little or no fertiliser and which has the potential to develop or has developed botanical diversity;
 “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 31st August 1999;
 “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 to this Order; 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 to this Order.”
6 
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 to this Order; 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 the 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 of the principal Order shall be deleted–
(a) Articles 6 and 7; and
(b) Schedules 3, 4, 5, 6, 7 and 8.
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 5.
“
SCHEDULE 1
Articles 2(1) and 4


 The restoration of farm buildings using traditional materials.
 The control of bracken or scrub.
 Works to protect historic and archaeological features.
 The planting, laying, coppicing and gapping-up of hedges.
 The regeneration of suppressed heather.
 The creation or restoration of ponds.
 The rebuilding of walls and banks using traditional materials.
 The provision or restoration of gates, stiles and footbridges where an agreement includes requirements as to public access.
 Tree planting.
 The provision of fencing and water supplies associated with the re-introduction of livestock for grazing.
 Reversion to rough land, moorland, heather moorland or other heathland.
 Restoration or replanting of traditional orchards.
 Fencing to exclude livestock from woodland.
 The provision of cattle grids.
 The provision or restoration of timber gates and gateposts (including granite posts).
 Other works associated with habitat restoration or enhancement.
”
SCHEDULE 2
Article 8
“
SCHEDULE 2
Articles 2(1) and 4


Column 1  Column 2
Activity  Maximum rate in £ per hectare of land per annum (except where otherwise stated)
Part I

1 
Maintenance of cultivated land 15

2 
Maintenance of improved permanent grassland 27

3 
Maintenance of low input permanent grassland 32

4 
Maintenance of unimproved pasture and enclosed rough land 37

5 
Where maintenance of the kind referred to in item 4 above is undertaken, additional management for the purposes of enhancing biodiversity through the temporary exclusion of livestock 50

6 
In relation to moorland:
(a) maintenance of moorland 65

(b) enhanced management of moorland and other semi-natural vegetation 105

(c) where maintenance of the kind referred to at 6(a) above is undertaken, additional management for the purposes of enhancing biodiversity through the early adoption of winter stocking restrictions 8.50

(d) where management of the kind referred to in item 6(a) above is undertaken, additional management for the purposes of enhancing biodiversity through the exclusion of cattle during winter 15

(e) Where management of the kind referred to in item 6(a) or 6(b) above is undertaken, additional management for the purposes of enhancing biodiversity through the control of purple moor-grass by grazing during the summer 25

(f) Where management of the kind referred to in item 6(b) above is undertaken, additional management for the purposes of enhancing biodiversity through the temporary exclusion of livestock during winter 12

7 
Re-creation and management of moorland 250

8 
In relation to woodland:
(a) maintenance of existing woodland 15

(b) management of woodland to enhance its nature conservation and landscape value 170

9 
Hedge management £0.20 per metre

10 
Wall or bank restoration £16 per metre

11 
The provision of public access routes 170

12 
Management of any kind referred to in items 1 to 10 above which is undertaken in relation to common land 5
Part II

1 
Species-rich hay meadows 150

2 
Enhanced management of heather moorland 78”