AGRICULTURE Title and commencement 1 This Order may be cited as the Environmentally Sensitive Areas (Test Valley) Designation Order 1993 and shall come into force on 27th March 1993. Interpretation 2 1 In this Order– “agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3; “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; “grassland” means land on which the vegetation consists primarily of grass species and includes meadowland, pasture and rough grazing; “livestock unit” means– 1 bovine animal more than two years old, or 1.66 bovine animals from six months old to two years old inclusive, or 6.66 sheep; “unimproved permanent grassland” means grassland which has not been regularly ploughed, levelled, drained or reseeded, or treated with fertiliser, lime, slag, herbicides or pesticides for at least five years; “woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes. 2 Any reference in this Order to a numbered article or Schedule shall be construed as 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 the Test Valley in the County of Hampshire which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Test Valley environmentally sensitive area” dated 3rd March 1993, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3HX. Requirements and provisions of agreement 4 An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment. Breach of requirements or provisions 5 An agreement shall include provisions that– a in the event of a breach by the farmer of the requirements referred to in article 4, the Minister may give the farmer notice in writing terminating the agreement forth-with and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify; b any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force. Rates of payment under agreement 6 1 Subject to paragraph (2) below, the Minister shall make payment under an agreement for land to which the agreement relates at the rate of £10 per annum for each hectare of improved permanent grassland and £105 per annum for each hectare of unimproved permanent grassland. 2 Where an agreement includes the additional provisions specified in Schedule 2 in relation to any land, the Minister shall make payments at the rate of £240 per annum for each hectare of that land. 3 Where an agreement includes one or more of the conservation plan operations specified in Schedule 3, the Minister shall also make payments in respect of the aggregate of the operations included in the agreement at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3000 per agreement. Revocation and saving 7 The Environmentally Sensitive Areas (Test Valley) Designation Order 1987 is hereby revoked, except that the provisions of that Order shall continue to apply to agreements made in relation to it on or before 28th February 1993. In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on John Selwyn Gummer Minister of Agriculture, Fisheries and Food 3rd March 1993. We consent, Tim Wood Irvine Patnick Two of the Lords Commissioners of Her Majesty’s Treasury 4th March 1993