Environmentally Sensitive Areas (Argyll Islands) Designation Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/3136 |
1993No. 3136 (S.297)
AGRICULTURE
The Environmentally Sensitive Areas (Argyll Islands)
Designation Order 1993
13thDecember1993
23rdDecember1993
13thJanuary1994
Whereas, as referred to in section 18(1) of the Agriculture Act 1986 ( a), it appears to the Secretary of State 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 archaeological interest in that area;And whereas, as referred to in the said section 18(1) of the said Act, it appears that the maintenance and adoption of the agricultural methods specified in the Schedule to the following Order is likely to facilitate such conservation, enhancement and protection;
Now, therefore, the Secretary of State, 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 Scottish Natural Heritage as to the inclusion of the area referred to in article 3 of the following Order and the features 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 (Argyll Islands) Designation Order 1993 and shall come into force on 13th January 1994.
Interpretation
2.-(1) In this Order-
"agreement" means an agreement under section 18(3) of the Agriculture Act 1986 as regards land in the area designated by article 3;
"amenity woodland" means small scale woodland planted and maintained primarily for improvement of the landscape;
"apportioned land" means land which has been apportioned by the Crofters Commission for the exclusive use of a particular crofter under the provisions of section 27(7) of the Crofters (Scotland) Act 1955 ( b);
(a) 1986 c.49; seeparagraph 12 of Schedule 10 to the Natural Heritage (Scotland) Act 1991 (c.28).
(b) 1955 c.21; section 27(7) was amended by the Crofting Reform (Scotland) Act 1976 (c.21), section 16(5).
"common grazings committee" means a committee appointed under section 24(1) or (3) of the Crofters (Scotland) Act 1955;
"conservation plan" means a layout plan (or plans) which categorises all the land included in the agreement, identifies areas subject to specific management measures and indicates the lines or sites of features to be protected or maintained and an attached (written) statement which outlines the specific management measures to be taken to protect or enhance the areas identified in the plan (or plans);
"croft" has the same meaning as in section 3(1) of the Crofters (Scotland) Act 1955 ( a);
"farmer" means a person who has an interest in agricultural land in the area designated by article 3 and who enters or has entered into an agreement with the Secretary of State;
"grazing plan" means a written description of the time, duration and density at which livestock will be permitted access to grazing land and the action required to achieve such access;
"heather moorland" means areas of land in which heather (calluna vulgaris) or other dwarf shrubs (including bell heather (erica cinerea), cross-leaved heath (erica tetralix), crowberry (empetrum nigrum), blaeberry (vaccinium myrtillus), bog myrtle (myrica gale)) occur throughout the vegetation;
"herb rich unimproved grassland" means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing, but which is floristically diverse;
"inbye land" means that part of a farm or croft not comprising the hill and rough grazings, the bulk of which is used for arable and grassland production;
"machair" means sandy plains formed when calcareous shell-sand has been blown over glacial deposits and peat;
"make muirburn" has the same meaning as in section 39(1)(f) of the Hill Farming Act 1946 ( b);
"modifying existing drains" means deepening or altering the course of existing ditches or culverts, re-cutting hill grips or altering outfalls from under-drainage systems;
"native woodland" means self-seeded woodland of native species or woodland derived from an originally naturally occurring woodland;
"new drainage" means cutting new grips or ditches and laying new tiles or pipes;
"overgrazing" means a deterioration in the condition of vegetation which has been caused by too high a level of grazing either throughout the whole year or at certain vulnerable times of the year;
"regeneration" means the perpetuation of vegetation through self-seeding or vegetation growth;
"reverted improved land" means land, previously improved by agricultural management operations which, from an agricultural viewpoint, has degenerated and is now showing significant presence of plant species indicative of unimproved grassland;
"rough grazings" means land containing semi-natural vegetation including heathland, heather moorland, bog and rough grassland used...
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