Environmentally Sensitive Areas (Breadalbane) Designation Order 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/1920 |
| Year | 1992 |
1992 No. 1920 (S.196)
AGRICULTURE
The Environmentally Sensitive Areas (Breadalbane) Designation Order 1992
Made 31th July 1992
Laid before Parliament 13th August 1992
Coming into force 3rd September 1992
Whereas, as referred to in section 18(1) of the Agriculture Act 1986(1), it appears to the Secretary of State that it is particularly desirable—
to conserve and enhance the natural beauty of the area referred to in article 3 of the following Order;
to conserve the flora and fauna and geological and physiographical features of that area; and
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 (Breadalbane) Desig-nation Order 1992 and shall come into force on 3rd September 1992.
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 woodland planted and maintained primarily for improvment of the landscape;
“conservation plan” means a layout plan (or plans) which categorises all the land on the farm, 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);
“enclosed land” means agricultural land enclosed by fences, hedges, walls or dykes for the closely controlled grazing of livestock, cropping or the maintenance of farm woodland;
“farm business” means a business or part of a business which engages in agricultural production for the purposes of trade;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who 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;
“herb rich unimproved pasture and 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;
“long-standing reverted improved land” means land, previously improved by agricultural management operations which, from an agricultural viewpoint, has degenerated over many years and is now showing significant presence of plant species indicative of unimproved grassland;
“make muirburn” has the same meaning as in section 39(1)(f) of the Hill Farming Act 1946(2);
“native woodland” means self-seeded woodland of native species or woodland derived from an originally naturally occurring woodland;
“overgrazing” means a deterioration in the condition of heather and/or other dwarf shrubs associated with moorland 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;
“rough grazings” means heathland or moorland used for grazing purposes;
“scrub” means low growing woody vegetation;
“stone fanks” means small enclosures formed by drystane dykes used to gather or shelter stock;
“unimproved pasture” means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing;
“water margins” means an area of ground bordering an area of still or flowing water;
“wetlands” means any ground which is normally saturated with water.
(2) Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Designation of environmentally sensitive area
3. There is hereby designated as an environmentally sensitive area that area of land partly within the Perth and Kinross District of Tayside Region and partly within the Stirling District of Central Region known as Breadalbane, and which is shown delineated red and coloured pink on the map marked “Environmentally Sensitive Area Breadalbane ” dated 16th July and signed on behalf of the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department, Pentland House, Robb’s Loan, Edinburgh.
Requirements to be included in agreement
4. An agreement shall include the requirements specified in the Schedule to this Order as to agricultural practices, methods and operations and...
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