Authorized under section 112 of the Water Act 1989 (a summary was published in FAO Food and Agricultural Legislation No. 39, Dec. 1990, p.51), this Order designates certain lands as Nitrate Sensitive Areas (Schedule 3) to prevent or control the entry of nitrate into controlled waters in connection with the use of any land for agricultural purposes. This Order applies to England only. The Minister is authorized to enter into an agreement imposing obligations with respect to the management of the land by the holder of the freehold interest in any agricultural land in a Nitrate Sensitive Area. This Order sets up a basic scheme agreement and a premium scheme agreement and specifies requirements as to the obligations which must be included in each type of agreement (Schedules 1 and 2).These obligations include time and use restrictions on fertilizer application, slurry storage, pig and poultry housing, grassland cultivation and grassland conversion. The Order also provides for applications to enter into an agreement, the condition of entry into an agreement, monitoring of compliance with the agreement, payments (Schedule 4) and recovery of payments. With specific exceptions, the Minister is authorized to withhold the whole or any part of any payment due to the farmer if there is a change of occupation of the land during the period of the agreement. Arbitration is provided for disputes under a land management agreement. A separate dispute resolution procedure is provided for disputes about the economic optimum.
Implements: Water Act 1989 (Chapter 15). (1989-07-06)
Amended by: Nitrate Sensitive Areas (Designation) (Amendment) Order 1990. (1990-06-06)
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