Environmentally Sensitive Areas (Central Southern Uplands) Designation Order 1993
| Jurisdiction | UK Non-devolved |
1993 No. 996 (S.142)
AGRICULTURE
The Environmentally Sensitive Areas (Central Southern Uplands) Designation Order 1993
Made 31th March 1993
Laid before Parliament 15th April 1993
Coming into force 6th May 1993
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 (Nentral Southern Uplands) Designation Order 1993 and shall come into force on 6th May 1993.
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;
“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;
“heather moorland” means areas of land in which heather (calluna vulgaris) and 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;
“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;
“regenerate” means to perpetuate vegetation through self-seeding or vegetative 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 or suitable for use as grazing;
“scrub” means low growing woody vegetation;
“stone buchts and 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;
“upland vegetation” means vegetation types other than heather moorland which occur within the rough grazings;
“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 the Central Southern Uplands partly within the Cumnock and Doon Valley, the Clydesdale and the East Kilbride Districts of Strathclyde Region; partly within the Nithsdale and Annandale and Eskdale Districts of Dumfries and Galloway Region and partly...
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