2008 No. 3143 (W.278)
The Nitrate Pollution Prevention (Wales) Regulations 2008
Made
Laid before the National Assembly for Wales
Coming into force in accordance with regulation 3
The Welsh Ministers are designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to matters relating to the protection of waters against pollution caused by nitrates from agricultural sources. In exercise of the powers conferred upon them by that section, and paragraph 1A of Schedule 2 to the European Communities Act 1972, the Welsh Ministers make the following Regulations.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for the references to European Community instruments in these Regulations to be construed as references to those instruments as amended from time to time.
PART 1 Introduction
Citation1
The title of these Regulations is the Nitrate Pollution Prevention (Wales) Regulations 2008.
Application2
1
These Regulations apply in relation to Wales in relation to any holding in a nitrate vulnerable zone designated as such in these Regulations.
2
In the case of a holding partly in a nitrate vulnerable zone, the Regulations apply only in the part of the holding inside the zone, and a reference to a holding is a reference to that part.
Coming into force3
1
These Regulations (other than regulation 22(1) and Part 7) come into force on 1 January 2009.
2
Regulation 22(1) and Part 7 come into force on 1 January 2012.
Transitional measures for holdings not previously in a nitrate-vulnerable zone4
In a holding or part of a holding not part of a nitrate vulnerable zone under the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 F3 or the Protection of Water Against Agricultural Nitrate Pollution (Amendment) (Wales) Regulations 2002 F4—
a
Parts 3 and 4, regulations 19 to 21, 22(2), 23, Part 6 and Part 8 do not apply until 1 January 2010, and
b
the requirements in regulations 35(1) and 36(1) to record the size of the holding and storage capacity do not apply until 30 April 2010.
Meaning of “polluted water”5
Water is polluted if—
a
it is freshwater and contains a concentration of nitrates greater than 50 mg/l, or could do so if these Regulations were not to apply there, or
b
it is eutrophic or may in the near future become eutrophic if these Regulations were not to apply there.
InterpretationF166
In these Regulations—
-
“Agency” (“yr Asiantaeth”) means the Environment Agency;
-
“agricultural area” (“ardal amaethyddol”) means any agricultural land used for agricultural purposes;
-
“agriculture” (“amaethyddiaeth”) has the same meaning as in section 109(3) of the Agriculture Act 1947;
-
“crop with high nitrogen demand” (“cnwd â galw mawr am nitrogen”) includes, but not limited to, grass, potatoes, sugar beet, maize, wheat, oilseed rape, barley, brassicas, rye and triticale;
-
“derogated holding” (“daliad a randdirymwyd”) means a holding over which a derogation has been granted;
-
“derogation” (“rhanddirymiad”) means a derogation from the limit of the total amount of nitrogen in livestock manure that can be applied to land each year as provided for in paragraph 2(b) of Annex III of Council Directive 91/676/EEC granted by the Commission Decision 2009/431/EEC granted by the Agency or, on appeal, the derogation application appeals panel under regulation 13B;
-
“derogation application” (“cais i randdirymu”) means an application for a derogation;
-
“eutrophic” (“ewtroffig”) means water that is enriched by nitrogen compounds, causing an accelerated growth of algae and higher forms of plant life that produces an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned;
-
“fertilisation plan” (“cynllun gwrteithio”) means a plan prepared under regulation 14(1)(c) or other similar plans required under Schedule 4;
-
“grass” (“porfa”) means—
- a
permanent grassland or temporary grassland (temporary means for less than four years);
- b
existing between the sowing and ploughing the grass; and
- c
including crops under-sown with grass,
but does not include grassland with 50% or more clover;
- a
-
“grazing livestock” (“da byw sy'n pori”) means any animal specified in Table 1 in Schedule 1;
-
“holding” (“daliad”) means all the land located within a nitrate vulnerable zone and its associated buildings that are at the disposal of the occupier and which are used for the growing of crops in soil or rearing of livestock for agricultural purposes;
-
“land that has a low run-off risk” (“tir y mae'r risg o oferu drosto yn isel”) means land that—
- a
has an average slope less than 3º;
- b
does not have land drains (other than a sealed impermeable pipe); and
- c
is at least 50 metres from a watercourse or conduit leading to a watercourse;
- a
-
“livestock” (“da byw”) means any animal (including poultry) specified in Schedule 1;
-
“manufactured nitrogen fertiliser” (“gwrtaith nitrogen a weithgynhyrchwyd”) means any nitrogen fertiliser (other than organic manure) manufactured by an industrial process;
-
“manufactured phosphate fertiliser” (“gwrtaith ffosffad a weithgynhyrchywd”) means any phosphate fertiliser (other than organic manure) manufactured by an industrial process;
-
“nitrogen fertiliser” (“gwrtaith nitrogen”) means any substance containing one or more nitrogen compounds used on land to enhance growth of vegetation and includes organic manure;
-
“non-grazing livestock” (“da byw nad ydynt yn pori”) means any animal specified in Table 2 in Schedule 1;
-
“organic manure” (“tail organig”) means any nitrogen fertiliser or phosphate fertiliser derived from animal, plant or human sources and includes livestock manure;
-
“phosphate fertiliser” (“gwrtaith ffosffad”) means any substance containing one or more phosphorus compounds used on land to enhance growth of vegetation and includes organic manure;
-
“poultry” (“dofednod”) means poultry specified in Schedule 1;
-
“sandy soil” (“pridd tywodlyd”) means any soil over sandstone, and any other soil where—
- a
in the layer up to 40 cm deep, there are—
- i
more than 50 per cent by weight of particles from 0.06 to 2 mm in diameter,
- ii
less than 18 per cent by weight of particles less than 0.02 mm diameter, and
- iii
less than 5 per cent by weight of organic carbon; and
- i
- b
in the layer from 40 to 80 cm deep, there are—
- i
more than 70 per cent by weight of particles from 0.06 to 2mm in diameter,
- ii
less than 15 per cent by weight of particles less than 0.02 mm diameter, and
- iii
less than 5 per cent by weight of organic carbon;
- i
- a
-
“shallow soil” (“pridd tenau”) is soil that is less than 40 cm deep;
-
“slurry” (“slyri”) means excreta produced by livestock (other than poultry) while in a yard or building (including any bedding, rainwater or washings mixed with it) that has a consistency that allows it to be pumped or discharged by gravity (in the case of excreta separated into its liquid and solid fractions, the slurry is the liquid fraction);
-
“spreading” (“taenu”) includes application to the surface of the land, injection into the land or mixing with the surface layers of the land but does not include the direct deposit of excreta on to land by animals.
PART 2 Designation of nitrate vulnerable zones
Designation of nitrate vulnerable zones7
1
The areas marked as nitrate vulnerable zones on the maps marked “Nitrate Vulnerable Zones Index Map 2008” (“Parthau Perygl Nitradau Map Mynegai 2008”) and deposited at the offices of the Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ, are designated as nitrate vulnerable zones for the purposes of these Regulations.
2
These are areas of land that drain into polluted waters and that contribute to the pollution of those waters.
Application for a declaration8
1
The owner or occupier of any holding within a nitrate vulnerable zone may apply to a person appointed by the Welsh Ministers for the purpose of these Regulations for a finding that the holding or part of it—
a
does not drain into water identified by the Welsh Ministers as being polluted, or
b
drains into water that the Welsh Ministers should not have identified as being polluted,
and accordingly the land should not be designated as a nitrate vulnerable zone.
2
An application must be based on either—
a
data provided by the applicant, or
b
evidence provided by the applicant that the data used by the Welsh Ministers were incorrect.
3
The Welsh Ministers must publish the manner and form in which the application must be made.
4
An application must be made in writing on or before 31 March 2009, must be made in such manner and form required by the Welsh Ministers and must include all the documentation that the applicant relies on.
Proceedings before the appointed person9
1
The appointed person must consider the application and make a finding whether or not the applicant has demonstrated, on the balance of probabilities, that the holding or part of the holding—
a
does not drain into water identified by the Welsh Ministers as being polluted; or
b
drains into water that the Welsh Ministers should not have identified as being polluted;
2
The appointed person must arrive at his or her decision based on documentation submitted to him or her unless he or she decides that he or she needs additional information to form a judgment, in which case he or she may request an applicant, or the Welsh Ministers, to provide additional material, and in exceptional circumstances may convene an oral hearing.
3
At an oral hearing the applicant and the Welsh Ministers have the right to appear, and the appointed person may permit any other party to appear.
4
All parties must bear their own costs.
Effect of findings made by the appointed person10
1
If the appointed person decides in favour of the applicant, the holding to which the application applies is no longer treated for the purposes of these Regulations as being in a nitrate vulnerable zone.
2
If the appointed person finds that any body of water should not have been identified as being polluted, any holding draining into that body of water is no longer treated for the purposes of these Regulations as being in a nitrate vulnerable zone, and the Welsh Minsters must immediately notify the occupier of such a holding.
3
The Welsh Ministers must publish all findings by the appointed person on the website of the Welsh Assembly Government.
Review of nitrate vulnerable zones11
1
The Welsh Ministers must keep under review the eutrophic state of fresh surface waters, estuarial and coastal waters.
2
Before 1 January 2013, and at least every four years subsequently, the Welsh Ministers must monitor the nitrate concentration in freshwaters over a period of one year—
a
at sampling stations that are representative of surface water, at least monthly and more frequently during flood periods, and
b
except for those sampling stations where the nitrate concentration in all previous samples taken for this purpose has been below 25 mg/l and no new factor likely to increase the nitrate content has appeared, in which case the monitoring programme need be repeated only every eight years.
3
At the end of each four year or eight year period at the latest the Welsh Ministers must—
a
identify water that is or could be affected by pollution if the controls in these Regulations are not applied in that area, using the criteria in Annex I to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources F6;
b
identify land that drains into those waters, or water similarly identified in England, and that contributes to the pollution of those waters;
c
take into account changes and factors unforeseen at the time of the previous designation; and
d
if necessary revise or add to the designation of nitrate vulnerable zones.
PART 3 Limiting the application of organic manure
Application of livestock manure — total nitrogen limit for the whole holding12
1
F22 Except where the occupier has been granted a derogation, the occupier of a holding must ensure that, in any year beginning 1 January, the total amount of nitrogen in livestock manure applied to the holding, whether directly by an animal or by spreading, does not exceed 170 kg multiplied by the area of the holding in hectares.
2
The amount of nitrogen produced by livestock must be calculated in accordance with Schedule 1.
3
In calculating the area of the holding for the purposes of ascertaining the amount of nitrogen permitted to be spread on the holding, no account is taken of surface waters, any hardstanding, buildings, roads or any woodland unless that woodland is used for grazing.
Spreading organic manure — nitrogen limits per hectare13
The occupier of a holding must ensure that, in any twelve month period, the total amount of nitrogen in organic manure spread on any given hectare on the holding does not exceed 250 kg.
F17 PART 3A Derogation
Pt. 3A inserted (24.3.2010) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2010 (S.I. 2010/489), regs. 1, 5
Application for a derogation13A
1
An occupier of any holding or any person on the occupier's behalf (“the applicant”) may apply to the Agency for a derogation where 80% or more of the agricultural area is sown with grass.
2
A derogation application must be submitted—
a
by 30 April 2010 for a 2010 derogation;
b
in relation to an application for any year after 2010, between the dates of 1 October and 31 December in the calendar year preceding that in respect of which the application is made.
3
The Welsh Ministers must publish the manner and form in which the application must be made.
4
The Agency must grant or refuse a derogation application as soon as practicable and notify the applicant of the decision in writing and, where the Agency refuses a derogation application, must give reasons for the refusal at the same time.
5
The Agency must refuse a derogation application where it considers the granting of the derogation would have an adverse effect on the integrity of—
a
a European site; or
b
a European offshore marine site,
where those sites have been subject to an appropriate assessment under regulation 48 of the Conservation (Natural Habitats, & c.) Regulations 1994.
6
Where the Agency has refused to grant the derogation application, the applicant may appeal in accordance with the procedure set out in regulation 13B.
7
Where the Agency has granted the derogation application, the holding to which the derogation applies must be designated by the Agency as a derogated holding for the calendar year in respect of which the application was made.
8
The occupier must keep a record of the derogation application and decision.
9
In this regulation—
a
“European offshore marine site” means a European offshore marine site within the meaning of regulation 15 (meaning of European offshore marine site) of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007; and
b
“European site” means a European site within the meaning of regulation 10 (meaning of European site) of the Conservation (Natural Habitats, &c.) Regulations 1994.
Appeal against refusal of a derogation application13B
1
Where the Agency has refused a derogation application, the applicant may by notice appeal the decision to an independent panel appointed by the Welsh Ministers for the purpose of these Regulations (“the derogation application appeals panel”).
2
An appeal against a refusal of a derogation application must be submitted within 30 days beginning on the day after the date of the refusal.
3
The Welsh Ministers must publish the manner and form in which an appeal must be made.
Proceedings of the derogation application appeals panel13C
1
The derogation application appeals panel must consist of an odd number of persons, not being less than 3 persons, and make its decision by a simple majority.
2
The derogation application appeals panel must consider the appeal and determine whether or not to allow the appeal.
3
The derogation application appeals panel must arrive at its decision based on documentation submitted to it by the appellant and the Agency, unless it decides that it needs additional information to form a judgement, in which case it may—
a
request the appellant, or the Agency, to provide additional material; and
b
in exceptional circumstances may convene an oral hearing.
4
At an oral hearing the appellant and the Agency have the right to appear.
5
All parties must bear their own costs.
Effect of derogation application appeals panel findings13D
1
If the derogation application appeals panel allows the appeal, the holding to which the derogation application applies must be designated by the Agency as a derogated holding for that calendar year.
2
The derogation application appeals panel must—
a
notify the Agency, the applicant and the Welsh Ministers, as soon as reasonably practicable, of its findings; and
b
where the appeal is refused, give reasons for the refusal.
Derogated holdings13E
Schedule 4 has effect in relation to derogated holdings.
PART 4 Crop requirements
Planning the spreading of nitrogen fertiliser14
1
An occupier of a holding who intends to spread nitrogen fertiliser must—
a
calculate the amount of nitrogen in the soil that is likely to be available for uptake by the crop during the growing season (“the soil nitrogen supply”);
b
calculate the optimum amount of nitrogen that should be spread on the crop, taking into account the amount of nitrogen available from the soil nitrogen supply; and
c
produce a plan for the spreading of nitrogen fertiliser for that growing season.
2
In the case of any crop other than permanent grassland, the occupier must do this before spreading any nitrogen fertiliser for the first time for the purpose of fertilising a crop planted or intended to be planted.
3
In the case of permanent grassland the occupier must do this each year beginning 1 January before the first spreading of nitrogen fertiliser.
4
The plan must be in permanent form.
5
The plan must record—
a
the reference or name of the relevant field;
b
the area of the field planted or intended to be planted; and
c
the type of crop.
6
For the area planted or intended to be planted the plan must record—
a
the soil type;
b
the previous crop (if the previous crop was grass, whether it was managed by cutting or grazing);
c
the soil nitrogen supply calculated in accordance with paragraph (1) and the method used to establish this figure;
d
the anticipated month that the crop will be planted;
e
the anticipated yield (if arable); and
f
the optimum amount of nitrogen that should be spread on the crop, taking into account the amount of nitrogen available from the soil nitrogen supply.
Additional information to be recorded during the year15
1
Before spreading organic manure, the occupier must on each occasion calculate the amount of nitrogen from that manure that is likely to be available for crop uptake in the growing season in which it is spread.
2
The occupier must, before spreading the organic manure, record—
a
the area on which the organic manure will be spread;
b
the quantity of organic manure to be spread;
c
the planned date for spreading (month);
d
the type of organic manure;
e
the total nitrogen content of the organic manure; and
f
the amount of nitrogen likely to be available from the manure intended to be spread for crop uptake in the growing season in which it is spread.
F233
Before spreading manufactured nitrogen fertiliser, the occupier must record–
a
the amount required; and
b
the planned date for spreading (month).
Total nitrogen spread on a holding16
Irrespective of the figure in the plan, an occupier must ensure that the total amount of—
F26a
nitrogen from manufactured nitrogen fertiliser, and
F27b
nitrogen available for crop uptake from livestock manure in the growing season in which it is spread, calculated in accordance with regulation 17,
spread on the following cropsF24... does not exceed the following limits in any twelve month period (the total amount of nitrogen permitted to be spread on any given crop is the figure in the second column, adjusted in accordance with the notes to the table and multiplied by the total area in hectares of that crop sown on the holding).
Crop |
Permitted amount of nitrogen (kg)1 |
Standard yield(tonne/ha) |
---|---|---|
Autumn or early winter sown wheat |
220234 |
8.0 |
Spring-sown wheat |
18034 |
7.0 |
Winter barley |
18023 |
6.5 |
Spring barley |
1503 |
5.5 |
Winter oilseed rape |
2505 |
3.5 |
Sugar beet |
120 |
n/a |
Potatoes |
270 |
n/a |
Forage maize |
150 |
n/a |
Field beans |
0 |
n/a |
Peas |
0 |
n/a |
Grass |
3306 |
n/a |
Notes |
||
1 An additional 80 kg per hectare is permitted to all crops grown in fields if the current or previous crop has had straw or paper sludge applied to it. |
||
2 An additional 20 kg per hectare is permitted on fields with shallow soil (other than shallow soils over sandstone). |
||
3 An additional 20 kg per hectare is permitted for every tonne that the expected yield exceeds the standard yield. |
||
4 An additional 40 kg per hectare is permitted to milling wheat varieties. |
||
5F25This is inclusive of any nitrogen that is applied as an exemption to the closed period for manufactured nitrogen fertiliser. The permitted amount may be increased by up to 30 kg per hectare for every half tonne that expected yield exceeds the standard yield. |
||
6 An additional 40 kg per hectare is permitted to grass that is cut at least three times a year. From 1 January 2012 the permitted amount of nitrogen drops to 300 kg per hectare. |
Calculating the amount of nitrogen available for crop uptake from livestock manure17
1
For the purposes of regulation 16, the occupier must first establish the total amount of nitrogen in the manure, either using the table in Schedule 2 or by sampling and analysis in accordance with that Schedule.
2
Once the total amount of nitrogen in the manure has been established, the following percentages are assumed to establish the amount of nitrogen in the manure that is available for crop uptake in the growing season in which it is spread.
Type of livestock manure |
Amount of nitrogen available for crop uptake in the growing season in which it is spread |
|
---|---|---|
Until 1 January 2012 |
From 1 January 2012 |
|
Cattle slurry |
20% |
35% |
Pig slurry |
25% |
45% |
Poultry manure |
20% |
30% |
Other livestock manure |
10% |
10% |
PART 5 Controlling the spreading of nitrogen fertiliser
Risk maps18
1
Before 1 January 2010 an occupier of a holding who spreads organic manure on that holding must produce a map of the holding (“a risk map”) in accordance with this regulation.
2
If circumstances change the occupier must update the risk map within three months of the change.
3
The risk map must show—
a
each field, with its area in hectares;
b
all surface waters;
c
any boreholes, springs or wells on the holding or within 50 metres of the holding boundary;
d
areas with sandy or shallow soils;
e
land with an incline greater than 12°;
f
land within 10 metres of surface waters;
g
land within 50 metres of a borehole, spring or well;
h
land drains (other than a sealed impermeable pipe);
i
sites suitable for temporary field heaps if this method of storing manure is to be used;
j
land that has a low run-off risk (this is optional for an occupier who does not intend to spread manure on low run-off risk land during the storage period in accordance with regulation 34).
4
The occupier must keep a copy.
When to spread fertiliser19
1
An occupier who intends to spread nitrogen fertiliser must first undertake a field inspection to consider the risk of nitrogen getting into surface water.
2
No person may spread nitrogen fertiliser on that land if there is a significant risk of nitrogen getting into surface water, taking into account in particular—
a
the slope of the land, particularly if the slope is more than 12°;
b
any ground cover;
c
the proximity to surface water
d
the weather conditions
e
the soil type; and
f
the presence of land drains
3
No person may spread nitrogen fertiliser if the soil is waterlogged, flooded or snow covered, or has been frozen for more than 12 hours in the previous 24 hours.
F18Spreading manufactured nitrogen fertiliser near surface water20
No person may spread manufactured nitrogen fertiliser within 2 metres of surface water.
Spreading organic manure near surface water, boreholes, springs or wells21
1
No person may spread organic manure within 10 metres of surface water.
2
But livestock manure (other than slurry and poultry manure) may be spread there if—
a
it is spread on land managed for breeding wader birds or as a species-rich semi-natural grassland and the land is—
i
notified as a Site of Special Scientific Interest under the Wildlife and Countryside Act 1981 F7; or
ii
subject to an agri-environment commitment entered into under Council Regulation (EC) No. 1257/1999 (on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) F8) or under Council Regulation (EC) No. 1698/2005 (on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) F9);
b
it is spread between 1 June and 31 October inclusive;
c
it is not spread directly on to surface water; and
d
the total annual amount does not exceed 12.5 tonnes per hectare.
3
No person may spread organic manure within 50 metres of a borehole, spring or well.
Controlling how nitrogen fertiliser is spreadF1922
1
Subject to paragraph (2), any person spreading slurry must use spreading equipment with a spreading trajectory less than 4 metres from the ground.
2
Spreading equipment with a spreading trajectory of more than 4 metres from the ground can be used on land that has a low run off risk where such equipment can achieve an average slurry application rate of not more than 2 millimetres per hour when it is operating continuously.
3
Any person spreading nitrogen fertiliser must do so in as accurate manner as possible.
Incorporating organic manure into the ground23
1
Any person who applies organic manure on to the surface of bare soil or stubble (other than soil that has been sown) must ensure that it is incorporated into the soil in accordance with this regulation.
2
Poultry manure must be incorporated as soon as practicable, and within 24 hours at the latest.
3
Slurry and liquid digested sewage sludge (that is, liquid from the treatment of sewage sludge by anaerobic digestion) must be incorporated as soon as practicable, and within 24 hours at the latest, unless it was applied in separated bands.
4
Any other organic manure (other than organic manure spread as a mulch on sandy soil) must be incorporated into the soil as soon as practicable, and within 24 hours at the latest, if the land is within 50 metres of surface water and slopes in such a way that there may be run-off to that water.
PART 6 Closed periods for spreading nitrogen fertiliser
Meaning of “organic manure with high readily available nitrogen”24
In this Part “organic manure with high readily available nitrogen” (“tail organig gyda chyfraddau uchel o nitrogen sydd ar gael yn rhwydd”) means organic manure in which more than 30 per cent of the total nitrogen content is available to the crop at the time of spreading.
Closed periods for spreading organic manure with high readily available nitrogen25
No person may spread organic manure with high readily available nitrogen on land during the following dates, all inclusive (“the closed period”)—
Soil type |
Grassland |
Tillage land |
---|---|---|
Sandy or shallow soil |
1 September to 31 December |
1 August to 31 December |
All other soils |
15 October to 15 January |
1 October to 15 January |
Exemptions: crops sown before 15 September26
Spreading organic manure with high readily available nitrogen on tillage land with sandy or shallow soil is permitted between 1 August and 15 September inclusive provided that the crop is sown on or before 15 September.
Exemptions for organic holdings27
F10An occupier of a holding registered as an organic producer with a body registered with the Advisory Committee on Organic Standards may spread organic manure with high readily available nitrogen at any time on—
F28a
crops specified in the table in Schedule 3 (permitted crops for the closed period), or
b
other crops in accordance with written advice from a person who is a member of the Fertiliser Advisers Certification and Training Scheme F11,
provided that each hectare on which organic manure is spread does not receive more than 150 kg total nitrogen between the start of the closed period and the end of February.
Restrictions following the closed period28
From the end of the closed period until the end of February—
a
the maximum amount of slurry that may be spread at any one time is 50 cubic metres per hectare and the maximum amount of poultry manure that may be spread at any one time is 8 tonnes per hectare; and
b
there must be at least three weeks between each spreading.
Times in which spreading manufactured nitrogen fertiliser is prohibited29
1
No person may spread manufactured nitrogen fertiliser on land during the following periods (all dates inclusive)—
a
in the case of grassland, from 15 September to 15 January, or
b
in the case of tillage land, from 1 September to 15 January.
2
Spreading fertiliser during these periods is permitted on the crops specified in the Table in Schedule 3, provided that the maximum rate in column 2 is not exceeded.
3
Spreading during those periods on crops not in Schedule 3 is permitted on the basis of written advice from a person who is a member of the Fertiliser Advisers Certification and Training Scheme.
Defence30
In any proceedings for any breach of a provision in this Part relating to organic manure, it is a defence for the defendant to prove that—
a
the breach took place before 1 January 2012, and
b
the holding did not have the storage facilities for organic manure required by Part 7 at the time of the breach.
PART 7 Storage of organic manure
Storage of organic manure31
An occupier of a holding who stores any organic manure (other than slurry), or any bedding contaminated with any organic manure, must store it—
a
in a vessel;
b
in a covered building;
c
on an impermeable surface; or
d
in the case of solid manure that can be stacked in a free standing heap and that does not drain liquid from the material, on a temporary field site.
Temporary field sites32
1
A temporary field site must not be—
a
in a field liable to flooding or becoming waterlogged;
b
within 50m of a spring, well or borehole or within 10m of surface water or a land drain (other than a sealed impermeable pipe);
c
located in any single position for more than 12 consecutive months;
d
located in the same place as an earlier one constructed within the last two years.
2
Solid poultry manure that does not have bedding mixed into it and is stored on a temporary field site must be covered with an impermeable material.
Separation of slurry33
Separation of slurry into its solid and liquid fractions must either be carried out mechanically or on an impermeable surface where the liquid fraction drains into a suitable receptacle.
Storage capacity34
1
An occupier of a holding who keeps any of the animals specified in Schedule 1 must provide sufficient storage for all slurry produced on the holding during the storage period, and all poultry manure produced in a yard or building on the holding during the storage period.
2
The volume of the manure produced by the animals on the holding must be calculated in accordance with Schedule 1.
3
A slurry store must have the capacity to store, in addition to the manure, any rainfall, washings or other liquid that enters the vessel (either directly or indirectly) during the storage period.
4
Storage facilities are not necessary for slurry or poultry manure—
a
sent off the holding; or
b
spread on land that has a low run-off risk (provided that this is done in accordance with the restrictions on spreading in these Regulations); but in this case storage facilities for an additional one week's manure must be provided as a contingency measure in the event of spreading not being possible on some dates.
5
For the purposes of this regulation the “storage period” (all dates inclusive) is—
a
the period between 1 October and 1 April for pigs and poultry;
b
the period between 1 October and 1 March in any other case.
PART 8 Calculations and records
Recording the size of the holding35
1
By 30 April 2009 the occupier of a holding must record the total size of the holding calculated in accordance with regulation 12(3).
2
If the size of the holding changes this record must be updated within one month.
Records relating to storage of manure during the storage period36
1
By 30 April 2009 an occupier of a holding with livestock must calculate and record—
a
the amount of manure that will be produced by the anticipated number of animals that will be kept in a building or on hardstanding during the storage period referred to regulation 34, using the figures in Schedule 1;
b
the amount of storage capacity (slurry vessels and hardstanding) required to enable compliance with regulation 34 (storage capacity), taking into account—
i
the amount of manure intended to be exported from the holding;
ii
the amount of manure intended to be spread on land that has a low run-off risk; and
iii
in the case of a slurry vessel the amount of liquid other than slurry likely to enter the vessel;
c
the current capacity for storage on the holding.
2
An occupier who introduces animals on to a holding for the first time must comply with paragraph (1) within one month of the introduction of the animals.
3
If the amount of storage capacity changes the occupier must record the change within one week.
Annual records relating to storage37
1
Before 30 April each year the occupier of a holding with livestock must record, for the previous storage period referred to in regulation 34 the number and category of animals in a building or on a hardstanding during the storage period.
2
The occupier must also record the sites used for field heaps and the dates of use.
Record of nitrogen produced by animals on the holding38
1
Before 30 April every year the occupier must make a record of—
a
the number and category (in accordance with the categories in Schedule 1) of animals on the holding during the previous calendar year, and
b
the number of days that each animal spent on the holding.
2
The occupier must then calculate the amount of nitrogen in the manure produced by the animals on the holding during that year using the Table in Schedule 1.
3
Alternatively, in the case of permanently housed pigs or poultry, the occupier may use—
a
software approved by the Welsh Ministers; or
b
in the case of a system of keeping livestock that only produces solid manure, sampling and analysis in accordance with Part 2 of Schedule 2.
4
The occupier must make a record of the calculations and how the final figures were arrived at.
5
An occupier who used software approved by the Welsh Ministers must keep a printout of the result.
Livestock manure brought on to or sent off the holding39
1
An occupier who brings livestock manure on to a holding must, within one week record—
a
the type and amount of livestock manure;
b
the date it is brought on to the holding;
c
the nitrogen content, and if known;
d
the name and address of the supplier.
2
An occupier who sends livestock manure off a holding must within one week record—
a
the type and amount of livestock manure;
b
the date it is sent off the holding;
c
the nitrogen content;
d
the name and address of the recipient; and
e
details of a contingency plan to be used in the event that an agreement for a person to accept the livestock manure fails.
3
If the nitrogen content of the livestock manure brought on to a holding is not known, the occupier must ascertain it, as soon as is reasonably practicable after arrival, and record it within one week.
4
All nitrogen content must be ascertained using either the standard figures in Part 1 of Schedule 2 or by sampling and analysis as set out in Part 2 of that Schedule.
Sampling and analysis40
1
Any person using sampling and analysis to determine nitrogen content in organic manure must keep the original report from the laboratory.
Records of crops sown41
An occupier who intends to spread nitrogen fertiliser must record within one week of sowing a crop—
a
the crop sown; and
b
the date of sowing.
Records of spreading nitrogen fertiliser42
1
Within one week of spreading organic manure the occupier must record—
a
the area on which organic manure is spread;
b
the quantity of organic manure spread;
c
the date or dates;
d
the methods of spreading;
e
the type of organic manure;
f
the total nitrogen content;
g
the amount of nitrogen that was available to the crop.
2
Within one week of spreading manufactured F21;nitrogen fertiliser the occupier must record—
a
the date of spreading; and
b
the amount of nitrogen spread.
Subsequent records43
1
An occupier who has used nitrogen fertiliser must record the yield achieved by an arable crop within one week of ascertaining it.
2
Before 30 April each year an occupier must record how any grassland was managed in the previous calendar year.
Keeping of advice44
An occupier must keep a copy of any advice from a person who is a member of the Fertiliser Advisers Certification and Training Scheme relied on for any purpose under these Regulations.
Duration of records45
Any person required to make a record under these Regulations must keep it for five years.
PART 9 Review
Monitoring and review46
1
At least every four years the Welsh Ministers must review the effectiveness of the restrictions in nitrate vulnerable zones imposed by these Regulations as a means of reducing or preventing water pollution caused by nitrates from agricultural sources and if necessary revise them.
2
In order to do this the Welsh Ministers must establish a monitoring programme to assess the effectiveness of the restrictions in these Regulations.
3
When carrying out this review the Welsh Ministers must take into account—
a
available scientific and technical data, particularly with reference to respective nitrogen contributions originating from agricultural and other sources; and
b
regional environmental conditions.
Public participation47
1
When carrying out this review the Welsh Ministers must ensure that the public is given early and effective opportunities to participate.
2
The Welsh Ministers must make adequate arrangements for public participation to enable the public to prepare and participate effectively.
3
the Welsh Ministers must ensure that—
a
the public is consulted about any proposals and that relevant information about such proposals is made available to the public, including information about the right to participate in decision-making and about the body to which comments or questions may be submitted; and
b
the public is entitled to express comments and opinions when all options are open before decisions on the plans and programmes are made.
4
The Welsh Ministers must identify the members of the public entitled to be consulted, including non-governmental organisations promoting environmental protection.
5
Reasonable time must be allowed for consultation.
6
Consultation must be taken into account in reaching a decision.
7
Following consultation the Welsh Ministers must inform the public about the decisions taken and the reasons and considerations upon which those decisions are based, including information about the public participation process.
PART 10 Enforcement
Offences and penalties48
1
Any person who breaches any provision of these Regulations is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to a fine.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
3
For the purposes of this regulation, “director” (“cyfarwyddwr”), in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Enforcement49
These Regulations are enforced by the Environment Agency.
Revocations50
The following are revoked in so far as they apply in relation to Wales—
a
the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 F12;
b
the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998 F13;
c
the Protection of Water Against Agricultural Nitrate Pollution (Amendment) (Wales) Regulations 2002 F14; and
d
the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) (Amendment) Regulations 2006 F15.
SCHEDULE 1F20Amount of manure, nitrogen and phosphate produced by grazing livestock and non-grazing livestock
Schs. 1-4 substituted for Schs. 1-3 (24.3.2010) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2010 (S.I. 2010/489), regs. 1, 10, Sch.
Category |
Daily manure produced by each animal (litres) |
Daily nitrogen produced by each animal (grams) |
Daily phosphate produced by each animal (grams) |
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1 Castrated male. |
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2 In the case of a ewe, this figure includes one or more suckled lambs until the lambs are aged six months. |
Category |
Daily manure produced by each animal (litres) |
Daily nitrogen produced by each animal (grams) |
Daily phosphate produced by each animal (grams) |
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1 Note: all figures for poultry include litter. |
SCHEDULE 2Calculating nitrogen in manure
PART 1 Standard table
Manure other than slurry |
Total nitrogen in each tonne (kg) |
---|---|
Manure other than slurry from— |
|
cattle: |
6 |
pigs: |
7 |
sheep: |
7 |
ducks: |
6.5 |
horses: |
7 |
goats: |
6 |
Manure from laying hens: |
19 |
Manure from turkeys or broiler chickens: |
30 |
Slurry |
Total nitrogen in each cubic metre (kg) |
---|---|
Cattle: |
2.6 |
Pigs: |
3.6 |
Separated cattle slurry (liquid fraction)— |
|
strainer box: |
1.5 |
weeping wall: |
2 |
mechanical separator: |
3 |
Separated cattle slurry (solid fraction): |
4 |
Separated pig slurry (liquid fraction): |
3.6 |
Separated pig slurry (solid fraction): |
5 |
Dirty water: |
0.5 |
PART 2 Sampling and analysis
Slurry1
1
In relation to slurry, at least five samples, each of 2 litres, must be taken.
2
The sample must be taken from a slurry vessel, and—
a
if reasonably practicable, the slurry must be thoroughly mixed before the samples are taken, and
b
each sample must be taken from a different location.
3
But if a tanker used for spreading is fitted with a suitable valve, the samples may be taken while spreading, and each sample must be taken at intervals during the spreading.
4
The samples must be poured into a larger container, stirred thoroughly and a 2 litre sample must be taken from that container and poured into a smaller clean container.
5
That sample must then be sent for analysis.
Solid manures2
1
In relation to solid manures, the samples must be taken from a manure heap.
2
At least ten samples of 1kg each must be taken, each from a different location in a heap.
3
Each sub-sample must be taken at least 0.5 metres from the surface of the heap.
4
If samples are being collected to calculate compliance with the whole farm limit for pigs and poultry, four samples for analysis must be taken in a calendar year (one taken in each quarter) from manure heaps not more than 12 months old.
5
The sub-samples must be placed on a clean, dry tray or sheet.
6
Any lumps must be broken up and the sub-samples must be thoroughly mixed together.
7
A representative sample of at least 2kg must then be sent for analysis.
SCHEDULE 3Permitted crops for the closed period
Crop |
Maximum nitrogen rate (kg/hectare) |
---|---|
Oilseed rape, winter1 |
30 |
Asparagus |
50 |
Brassica2 |
100 |
Grass13 |
80 |
Over-wintered salad onions |
40 |
Parsley |
40 |
Bulb onions |
40 |
1 Nitrogen must not be spread on these crops after 31 October. |
|
2 An additional 50kg of nitrogen per hectare may be spread every four weeks during the closed period up to the date of harvest. |
|
3 A maximum of 40kg of nitrogen per hectare may be spread at any one time. |
SCHEDULE 4Derogated holdings
1
The following additional requirements apply to derogated holdings.
Derogation from the measures governing the limit on application of livestock manure2
An occupier of a derogated holding must ensure that in any calendar year for which the derogation has been granted—
where—
A is the area of the derogated holding (hectares), as existing on 1 January for that calendar year,
Ngl is the total amount of nitrogen (kilogrammes) in livestock manure from grazing livestock, whether applied directly by an animal or by spreading, and
Nngl is the total amount of nitrogen (kilogrammes) in livestock manure from non-grazing livestock, whether applied directly by an animal or by spreading.
Planning the spreading of phosphate fertiliser3
1
In addition to the production of nitrogen spreading plans under regulation 14 (planning the spreading of nitrogen fertiliser) the occupier must–
a
assess the amount of phosphorus in the soil that is likely to be available for uptake by the crop during the growing season (“the soil phosphorus supply”);
b
calculate the optimum amount of phosphate fertiliser that should be spread on the crop, taking into account the amount of phosphorus available from the soil phosphorus supply; and
c
produce a plan for the spreading of phosphate fertiliser for that growing season.
2
The occupier must do this—
a
in the case of any crop other than permanent grassland, before spreading any phosphate fertiliser for the first time for the purpose of fertilising a crop planted or intended to be planted; and
b
in the case of permanent grassland, each year beginning on 1 January before the spreading of phosphate fertiliser.
4
In addition to the requirements under paragraph 3 the fertilisation plan must record—
a
the soil phosphorus supply and the method used to establish this figure;
b
the optimum amount of phosphate fertiliser that should be spread on the crop, taking into account the amount of phosphorus from the soil phosphorus supply;
c
the amount of nitrogen likely to be available for uptake by the crop from any organic manure intended to be spread for crop uptake in the growing season during the calendar year in which it is spread;
d
the amount of phosphate likely to be supplied to meet the requirement of the crop from any organic manure spread or intended to be spread during the calendar year;
e
the amount of manufactured nitrogen fertiliser required (that is, the optimum amount of nitrogen required by the crop less the amount of nitrogen that will be available for crop uptake from any organic manure spread during that calendar year); and
f
the amount of manufactured phosphate fertiliser required (that is, the optimum amount of phosphate required by the crop less the amount of phosphate supplied for crop uptake from any organic manure spread for the purpose of fertilising the crop during that calendar year).
Soil sampling and analysis5
1
At least every four years the occupier must undertake soil sampling and analysis for the supply of phosphorus of at least every five hectares of the agricultural area of the derogated holding under the same cropping regime and soil type.
2
An occupier may rely on the results of previous phosphorus soil sampling and analysis of the agricultural area of the derogated holding under the same cropping regime and soil type for the purposes of sub-paragraph (1), provided such sampling and analysis was carried out within four years before the derogation.
3
Where phosphorus soil sampling and analysis of the agricultural area of the derogated holding under the same cropping regime and soil type has not been carried out before 2010, such sampling and analysis must be carried out as follows—
a
75% of the agricultural area by 1 March 2011, and
b
100% of the agricultural area by 1 March 2012.
Additional information to be recorded during the year6
1
In addition to the information to be recorded under regulation 15 (additional information to be recorded during the year) the occupier must, before spreading organic manure, record—
a
the total phosphate content of the organic manure; and
b
the amount of phosphate likely to be supplied from the organic manure intended to be spread for the purpose of fertilising the crop in the growing season in which it is spread.
2
In addition to the requirements of sub-paragraph (1) the occupier must, before spreading manufactured phosphate fertiliser, record—
a
the amount required (that is, the optimum amount of phosphate required by the crop less the amount of phosphate that will be supplied for crop uptake from any organic manure spread); and
b
the planned date for spreading (month).
Risk maps7
1
In addition to the requirements under regulation 18 (risk maps), the risk map must—
a
show each field marked with a reference number or number to enable cross reference to fields recorded in fertilisation plans;
b
correspond with the agricultural area of the derogated holding; and
c
be completed by 1 March 2011 and 1 March 2012 for those calendar years.
2
The occupier must update the risk map within one month of any change in circumstances.
Maintaining the derogated holding as a grassland holding8
The occupier must maintain the holding to ensure 80% or more of the agricultural area available for manure application is sown with grass during that calendar year.
Closed period for ploughing grass on the derogated holding9
In relation to any grass ploughed on or after 1 April 2010, no person may—
a
plough temporary grassland on sandy soils between 1 July and 31 December;
b
plough grass on sandy soils before 16 January where livestock manure has been spread on that grass between 1 September and 31 December in the previous calendar year; and
c
plough grass on soils that are not sandy soils before 16 January where livestock manure has been spread on that grass between 15 October in the previous calendar year and 15 January.
Sowing of crops following grass on the derogated holding10
In relation to the sowing of crops or grass on any grass ploughed on or after 1 April 2010, the land must be—
a
sown with a crop with high nitrogen demand within four weeks beginning on the day after the date of ploughing grass; or
b
sown with grass within six weeks beginning on the day after the date of ploughing grass.
Crop rotation on the derogated holding11
Crop rotation must not include leguminous or other plants fixing atmospheric nitrogen except for grass with less than 50% clover and other leguminous plants that are under-sown with grass.
Recording the size of the derogated holding12
1
An occupier must record the total agricultural area and the area of grass within the derogated holding by 1 March 2011 and 1 March 2012 for those calendar years.
2
If the size of the derogated holding or area of grass changes the occupier must update the record within one month beginning on the day after the change.
Records relating to storage of manure during the storage period13
In addition to the requirements of regulation 36 (records relating to storage of manure during the storage period) the occupier must make a record describing the livestock housing and manure storage systems together with the volume of manure storage in place on the holding by 1 March 2011 and 1 March 2012 for those calendar years.
Record of nitrogen and phosphate produced by animals14
1
The occupier must make a record of the expected number and category (in accordance with the categories in Tables 1 and 2 in Schedule 1) of livestock to be kept on the holding during that calendar year.
2
Following the record making requirements in sub-paragraph (1), the occupier must then calculate and record the amount of nitrogen and phosphate in manure expected to be produced by the livestock on the holding during that year using Tables 1 and 2 in Schedule 1.
3
The records to be made in accordance with sub-paragraphs (1) and (2) must be made before 1 March 2011 and 1 March 2012 for those calendar years.
Livestock manure intended to be brought on to or sent off the derogated holding15
1
The occupier must—
a
make a record of the type and amount of livestock manure that is intended to be brought on to the holding and sent off the holding during that calendar year; and
b
calculate and record the amount of nitrogen in the livestock manure recorded under sub–paragraph (1)(a) in accordance with regulation 39(4).
2
The records to be made under sub-paragraph (1) must be made by 1 March 2011 and 1 March 2012 for those calendar years.
Records of crops sown16
In addition to the requirements of regulation 41(records of crops sown) an occupier who intends to spread phosphate fertiliser must, within one week of sowing a crop record—
a
the crop sown; and
b
the date of sowing.
Records of spreading phosphate fertiliser17
In addition to the requirements of regulation 42 (records of spreading nitrogen fertiliser), an occupier must record—
a
within one week of spreading organic manure—
i
the total phosphorus content; and
ii
the amount of phosphate that was supplied for uptake by the crop; and
b
within one week of spreading manufactured phosphate fertiliser—
i
the date of spreading; and
ii
the amount of phosphate spread.
Recording the date of ploughing18
In addition to the requirements of regulation 43 (subsequent records) an occupier must record within one week of ploughing, the date of that ploughing.
Fertilisation accounts19
1
An occupier, or any person on behalf of the occupier, must submit fertilisation accounts for the calendar year to the Agency by 30 April of the following year.
2
The Agency must publish the manner and form in which the fertilisation account must be made.
3
The fertilisation account must record—
a
the total agricultural area of the derogated holding;
b
the area of the derogated holding covered by–
i
winter wheat,
ii
spring wheat,
iii
winter barley,
iv
spring barley,
v
winter oilseed rape,
vi
sugar beet,
vii
potatoes,
viii
forage maize,
ix
grass, and
x
other crops;
c
the number and category of animals kept on the derogated holding during the previous calendar year in accordance with the categories described in Tables 1 and 2 in Schedule 1;
d
the amount of nitrogen and phosphate in the manure produced by the animals on the derogated holding during the previous calendar year using Tables 1 and 2 in Schedule 1;
e
the amount and type of livestock manure brought on to or sent off the derogated holding during the previous calendar year;
f
the amount of nitrogen and phosphate in the manure recorded under sub-paragraph (3)(e) calculated in accordance with paragraph 14(2);
g
the weight (tonnes) and nitrogen content of all manufactured nitrogen fertiliser stocks kept on the derogated holding between 1 January and 31 December in the previous calendar year; and
h
the weight (tonnes) and nitrogen content of all manufactured nitrogen fertiliser brought on to and sent off the derogated holding between 1 January and 31 December in the previous calendar year.
SeeS.I. 2001/2555 for the designation conferred upon the National Assembly for Wales. By virtue of section 59 of, and paragraph 28(1) of Schedule 11 to, the Government of Wales Act 2006, that designation is now vested in the Welsh Ministers.