2014 No. 371 (W. 39)
The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2014
Made
Laid before the National Assembly for Wales
Coming into force
Title, application and commencement1
1
The title of these Regulations is the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2014.
2
These Regulations apply in relation to Wales.
3
These Regulations come into force on 21 February 2014.
Amendments2
The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004 F3 are amended as follows.
3
For paragraph 27 of the Schedule (buffer strips along water courses) substitute—
27Buffer strips for water protection
1
No person may spread manufactured nitrogen fertiliser within 2 metres of surface water.
2
No person may spread organic manure within 10 metres of surface water unless using precision spreading equipment in which case no person may spread organic manure within 6 metres of surface water.
3
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; or
ii
subject to an agri-environment commitment entered into under Council Regulation (EC) No 1698/2005 (on support for rural development by the European Agricultural Fund for Rural Development (EAFRD));
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.
4
No person may spread organic manure within 50 metres of a borehole, spring or well.
5
For the purposes of this paragraph—
“livestock” means cattle, chickens, deer, ducks, goats, horses, pigs, sheep, ostriches and turkeys;
“manufactured nitrogen fertiliser” means any nitrogen fertiliser (other than organic manure) manufactured by an industrial process;
“nitrogen fertiliser” means any substance containing one or more nitrogen compounds used on land to enhance growth of vegetation and includes organic manure;
“organic manure” means any nitrogen fertiliser or phosphate fertiliser derived from animal, plant or human sources and includes livestock manure;
“precision spreading equipment” means a trailing shoe, dribble bar or injector system;
“phosphate fertiliser” means any substance containing one or more phosphorous compounds used on land to enhance growth of vegetation and includes organic manure;
“poultry” means chickens, ducks, ostriches and turkeys;
“slurry” means excreta produced by livestock (other than poultry) while in a yard or building (including any bedding, rainwater or washings mixed in 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);
“spread” includes the 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.
4
In the Schedule after paragraph 27 (buffer strips for water protection) insert—
28Protection of groundwater
1
No person may cause, or knowingly permit, a groundwater activity except under and to the extent authorised by an environmental permit in accordance with regulation 12(1)(b) of the Environmental Permitting Regulations (England and Wales) 2010 F4.
2
A farmer must comply with the requirements relating to groundwater activities in accordance with regulation 35(2)(p) of, and Schedule 22 to, the Environmental Permitting Regulations (England and Wales) 2010 F5.
3
For the purposes of this paragraph—
“groundwater activity” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2010;
“environmental permit” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2010.
1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).