AGRICULTURE Title and commencement 1 This Order may be cited as the Environmentally Sensitive Areas (West Penwith) Designation Order 1997 and shall come into force on 1st July 1997. Interpretation 2 1 In this Order— “access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements referred to in article 5(3); “agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3; “conservation plan” has the meaning given to it in article 5(5); “farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister; “recognised dairy breed” means one of the following breeds of cattle, namely Ayrshire, British Fresian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry; and “rough land” means heathland, wetland, semi-natural grassland or scrub. 2 Any reference in this Order to a numbered article or Schedule (with no corresponding reference to a specific instrument) is a reference to the article or Schedule bearing that number in this Order. Designation of environmentally sensitive area 3 There is hereby designated as an environmentally sensitive area the area of land in West Penwith in the County of Cornwall which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the West Penwith Environmentally Sensitive Area” dated 4th June 1997 signed by the Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, at Noble House, 17 Smith Square, London SW1P 3JR. Requirements and provisions of agreement 4 1 The requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in an agreement are those specified in Schedule 1. 2 The provisions relating to additional matters in respect of which the Minister may make payments in accordance with article 5 are specified in Schedules 2, 3, 4 and 5. Rates of payment under agreement 5 1 The Minister may make payments under an agreement in consideration of the requirements included pursuant to article 4(1), up to the maximum rate per annum set out in Part I of Schedule 6 for each hectare of land to which the agreement relates. 2 Where an agreement contains the additonal provisions specified in either or both of Schedule 2 or Schedule 3, the Minister may make payments in consideration of those provisions up to the maximum rate per annum for each hectare of land which under the agreement is subject to those provisions, as set out opposite the reference to the Schedule in question in Part II of Schedule 6. 3 An agreement may include the requirements as to public access specified in Schedule 4 and, where it does so, the Minister may make payments in consideration of those requirements up to the maximum rate per annum set out in Part III of Schedule 6 for each hectare of access route. 4 Where an agreement includes a conservation plan, the Minister may also make payments in consideration of the operations included in the plan up to the maximum sum set out in Part IV of Schedule 6. 5 For the purposes of paragraph (4) of this article, a conservation plan means a plan which the farmer undertakes or has undertaken as part of an agreement to implement within a period of two years, for the carrying out of one or more of the operations specified in Schedule 5. 6 In this article and Schedule 6 any reference to a payment rate in relation to any unit of measurement includes a proportionate rate for a proportionate part of that unit. Revocation, saving and amendment 6 1 The Environmentally Sensitive Areas (West Penwith) Designation Order 1986 is, in so far as it was made under section 18 of the Agriculture Act 1986, hereby revoked except that the provisons of that Order so made, as amended in accordance with Schedule 7, shall continue to apply to agreements made before the coming into force of this Order in relation to land within the area designated by that Order. 2 The Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1992 , the Environmentally Sensitive Areas (West Penwith) Designation (Amendment) ( No. 2) Order 1994 and the Environmentally Sensitive (West Penwith) Designation (Amendment) Order 1996 are hereby revoked, but not so as to affect the exception referred to in paragraph (1) if this article. Elliot Morley Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food 4th June 1997 We consent Bob Ainsworth Jon Owen Jones Two of the Lords Commissioners of Her Majesty's 5th June 1997