Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 1993
| Jurisdiction | UK Non-devolved |
1993No. 3149 (S.298)
AGRICULTURE
The Environmentally Sensitive Areas (Machair of the
Uists and Benbecula, Barra and Vatersay) 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 (Machair of the Uists and Benbecula, Barra and Vatersay) 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;
(a) 1986 c.49; see paragraph 12 of Schedule 10 to the Natural Heritage (Scotland) Act 1991 (c.28).
"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 ( a);
"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 ( b);
"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;
"herb rich 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;
"machair" means sandy plains formed when calcareous shell-sand has been blown over glacial deposits and peat;
"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;
"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;
"traditional share of the common machair" means that portion of the common machair which has been allocated over time to individual crofters or farmers for cropping purposes by the common grazings committee;
"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 for a significant proportion of the year.
(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 in the Western Isles known as the Machair of the Uists and Benbecula, Barra and Vatersay and which is shown delineated red and coloured pink on the map marked "Environmentally Sensitive Area-Machair of the Uists and Benbecula, Barra and Vatersay" dated 9th December 1993 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...
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