The Nutrient Action Programme Regulations (Northern Ireland) 2019

¹ The amount of phosphate applied for establishment shall be deducted from the first season's grazing, silage or hay crop requirement for phosphorus.	¹ The amount of phosphate applied for establishment shall be deducted from the first season's grazing, silage or hay crop requirement for phosphorus.	¹ The amount of phosphate applied for establishment shall be deducted from the first season's grazing, silage or hay crop requirement for phosphorus.	¹ The amount of phosphate applied for establishment shall be deducted from the first season's grazing, silage or hay crop requirement for phosphorus.	¹ The amount of phosphate applied for establishment shall be deducted from the first season's grazing, silage or hay crop requirement for phosphorus.	¹ The amount of phosphate applied for establishment shall be deducted from the first season's grazing, silage or hay crop requirement for phosphorus.	¹ The amount of phosphate applied for establishment shall be deducted from the first season's grazing, silage or hay crop requirement for phosphorus.
	Soil phosphorus index	Soil phosphorus index	Soil phosphorus index	Soil phosphorus index	Soil phosphorus index	Soil phosphorus index
	0	1	2-	2+	3	4
	Phosphorus recommendation (kg P₂O₅ ha⁻¹)	Phosphorus recommendation (kg P₂O₅ ha⁻¹)	Phosphorus recommendation (kg P₂O₅ ha⁻¹)	Phosphorus recommendation (kg P₂O₅ ha⁻¹)	Phosphorus recommendation (kg P₂O₅ ha⁻¹)	Phosphorus recommendation (kg P₂O₅ ha⁻¹)
At grass establishment	120	80	65	50	30	0
Grazing¹	80	50	35	20	0	0
Silage cut¹
1st	100	70	55	40	20	0
2nd	25	25	25	25	0	0
3rd	15	15	15	15	0	0
4th	10	10	10	10	0	0
Hay¹	80	55	43	30	0	0
¹ Subject to Table 2b.	¹ Subject to Table 2b.	¹ Subject to Table 2b.	¹ Subject to Table 2b.	¹ Subject to Table 2b.	¹ Subject to Table 2b.	¹ Subject to Table 2b.
---	---	---	---	---	---	---
	Soil phosphorus index	Soil phosphorus index	Soil phosphorus index	Soil phosphorus index	Soil phosphorus index	Soil phosphorus index
	0	1	2-	2+	3	4
At grass establishment	80	65	50	30	0	0
Grazed grass (whole season)	50	35	20	0	0	0
First cut silage¹	70	55	40	0	0	0
Hay¹	55	43	30	0	0	0
	Soil phosphorus index	Soil phosphorus index	Soil phosphorus index	Soil phosphorus index	Soil phosphorus index	Soil phosphorus index
---	---	---	---	---	---	---
	0	1	2-	2+	3	4
First cut silage	100	70	55	40	0	0
Hay	80	55	43	30	0	0
¹ For potatoes and vegetable crops, these availabilities should be used regardless of soil phosphorus index.	¹ For potatoes and vegetable crops, these availabilities should be used regardless of soil phosphorus index.	¹ For potatoes and vegetable crops, these availabilities should be used regardless of soil phosphorus index.	¹ For potatoes and vegetable crops, these availabilities should be used regardless of soil phosphorus index.
---	---	---	---
² 50% of phosphate availability assumed at soil phosphorus index of 0 or 1 and for potatoes and vegetables.	² 50% of phosphate availability assumed at soil phosphorus index of 0 or 1 and for potatoes and vegetables.	² 50% of phosphate availability assumed at soil phosphorus index of 0 or 1 and for potatoes and vegetables.	² 50% of phosphate availability assumed at soil phosphorus index of 0 or 1 and for potatoes and vegetables.
³ Figures in bold are most common values.	³ Figures in bold are most common values.	³ Figures in bold are most common values.	³ Figures in bold are most common values.
⁴ 60% phosphate availability assumed at soil phosphorus index of 0 or 1 and for potatoes and vegetables.	⁴ 60% phosphate availability assumed at soil phosphorus index of 0 or 1 and for potatoes and vegetables.	⁴ 60% phosphate availability assumed at soil phosphorus index of 0 or 1 and for potatoes and vegetables.	⁴ 60% phosphate availability assumed at soil phosphorus index of 0 or 1 and for potatoes and vegetables.
Liquid or slurry manure types	Dry matter content (%)	Soil phosphorus index of 0 or 1, available phosphorus (kg P₂O₅/m³)¹	Soil phosphorus index of 2- or greater, available phosphorus (kg P₂O₅/m³)
Liquids²	Liquids²	Liquids²	Liquids²
Dirty water	0.5	0.05	0.10
Cattle slurries²	Cattle slurries²	Cattle slurries²	Cattle slurries²
Cattle slurry³	2	0.3	0.6
Cattle slurry³	6	0.6	1.2
Cattle slurry³	10	0.9	1.8
Separated cattle slurries (liquid portion)²	Separated cattle slurries (liquid portion)²	Separated cattle slurries (liquid portion)²	Separated cattle slurries (liquid portion)²
Strainer box	1.5	0.15	0.3
Weeping wall	3	0.25	0.5
Mechanical separator	4	0.6	1.2
Pig slurries²	Pig slurries²	Pig slurries²	Pig slurries²
Pig slurry³	2	0.4	0.8
Pig slurry³	4	0.75	1.5
Pig slurry³	6	1.1	2.2
Separated pig slurry (liquid portion)	3	0.55	1.1
Solid manure types	Dry matter content (%)	Soil phosphorus index of 0 or 1, available phosphate (kg P₂O₅/t)	Soil phosphorus of 2- or greater, available phosphate (kg P₂O₅/t)
Poultry manures⁴	Poultry manures⁴	Poultry manures⁴	Poultry manures⁴
Broiler litter	66	9.6	16
Layer manure	30	7.8	13
Turkey litter	60	15	25
Duck manure	25	3.3	5.5
Farmyard manures⁴	Farmyard manures⁴	Farmyard manures⁴	Farmyard manures⁴
Cattle manures	25	1.9	3.2
Sheep manures	25	1.9	3.2
Goat manure	25	1.7	2.8
Pig manure	25	3.6	6.0
Horse manure	30	3.0	5.0
Miscellaneous manures²	Miscellaneous manures²	Miscellaneous manures²	Miscellaneous manures²
Spent mushroom compost	35	1.7	3.4
Separated cattle slurry (solid portion)	20	1.0	2.0
Separated pig slurry (solid portion)	20	2.3	4.6
Other organic manures	Dry matter content and total phosphorus content to be declared in accordance with the Waste Management Licencing Regulations (Northern Ireland) 2003 . 60% phosphate availability assumed at soil phosphorus index or 0 or 1¹, 100% phosphate availability assumed at soil phosphorus index greater than 1. For anaerobic digestate the record of nutrient content analysis as required by regulation 12(1) shall be used.	Dry matter content and total phosphorus content to be declared in accordance with the Waste Management Licencing Regulations (Northern Ireland) 2003 . 60% phosphate availability assumed at soil phosphorus index or 0 or 1¹, 100% phosphate availability assumed at soil phosphorus index greater than 1. For anaerobic digestate the record of nutrient content analysis as required by regulation 12(1) shall be used.	Dry matter content and total phosphorus content to be declared in accordance with the Waste Management Licencing Regulations (Northern Ireland) 2003 . 60% phosphate availability assumed at soil phosphorus index or 0 or 1¹, 100% phosphate availability assumed at soil phosphorus index greater than 1. For anaerobic digestate the record of nutrient content analysis as required by regulation 12(1) shall be used.
Chemical fertilisers	Dry matter content and total phosphorus content as certified by the producer. Phosphate availability assumed to be 100% for all soil phosphate indices.	Dry matter content and total phosphorus content as certified by the producer. Phosphate availability assumed to be 100% for all soil phosphate indices.	Dry matter content and total phosphorus content as certified by the producer. Phosphate availability assumed to be 100% for all soil phosphate indices.

SCHEDULE 4 — Risk assessment for fertiliser application to steeply sloping land

1

If an application of organic manure (including livestock manure) or chemical fertiliser to steeply sloping land is proposed, a risk assessment must be undertaken in addition to meeting all relevant requirements of these Regulations. The factors set out in Table 1 shall be considered in making this risk assessment. Table 2 shall be consulted to ascertain whether fertiliser application is permitted.

SCHEDULE 5 — Soil test for Phosphorus

1

Reference to the results of a soil test is a reference to the results of an analysis of a soil sample carried out by a soil testing laboratory competent to analyse soils for phosphorus. Each analysis, provided by the competent laboratory, will require a UKAS accreditation or (National equivalent) statement.

2

The taking of soil samples and the analysis for phosphorus shall be carried out in accordance with the procedures below.

Soil sampling procedure

3

Area to sample: The size of the area from which one sample can be taken varies but shall not be more than four hectares. Generally one sample shall be collected from each field. Within one field, areas which are not uniform for crop growth and areas which have been cropped or fertilised differently shall be sampled separately.

4

Time of sampling: Sampling every fourth year shall be satisfactory as a basis for phosphorus fertiliser recommendations. A field shall not be sampled for phosphorus until at least three months after the last application of any fertiliser (organic or chemical) containing this nutrient.

5

Depth of sampling: Grassland shall be sampled to a depth of 75 millimetres and arable land to a depth of 150 millimetres.

6

Method of sampling: A soil sample shall be made up by bulking at least 25 sub-samples taken from the area to be sampled. The sub-sampling points shall be selected systematically to give an even distribution over the whole sampling area. This distribution shall be achieved by following the pattern of a letter “W” and taking sub-samples at regularly spaced intervals. Taking sub-samples from headland, dung and urine patches, areas where stock gather or other unusual features shall be avoided. Each sub-sample shall be taken using a soil auger which takes an even core of soil throughout the sampling depth. The soil sample shall be stored in a clean, labelled plastic bag.

Soil analysis for phosphorus

7

The soil test for phosphorus shall be carried out after the soil sample has been air-dried and ground.

8

Air-drying and grinding soil: The entire soil sample shall be dried to constant weight in an oven with a current of air at a temperature not exceeding 30 °C. Then the whole of the air-dried sample, excluding stones and fibrous material from roots, shall be ground to pass a two millimetre sieve.

9

Soil analysis for Olsen extractable phosphorus: The measure of phosphorus which is available for crop growth shall be given by the amount extracted from soil at 20 ± 1 °C with a sodium bicarbonate solution of pH 8.5. Details of the analytical procedure are given in The Analysis of Agricultural Materials, Third Edition, pp183-185, Ministry of Agriculture, Fisheries and Food reference Book 427, 1986. Olsen extractable phosphorus results are expressed as milligrammes phosphorus per litre (mg P/l) of soil, rounded to the nearest whole number.

10

Classification of soil analysis results into indices: The Olsen extractable phosphorus concentration in soil is classified into an index according to the following scale.

SCHEDULE 6 — Requirement for slurry storage systems

1

The requirements which have to be satisfied in relation to a slurry storage system are as follows.

2

The base of the slurry storage tank, the base and walls of any effluent tank, channels and reception pit and the walls of any pipes shall be impermeable.

3

The base and walls of the slurry storage tank, any effluent tank, channels and reception pit and the walls of any pipes shall be protected against corrosion in accordance with paragraph 7.2 of the Code of Practice on Building and Structures for Agriculture published by the British Standards Institution and numbered BS 5502-50:1993+A2:2010 .

4

The base and walls of the slurry storage tank and any reception pit shall be capable of withstanding characteristic loads calculated on the assumptions and in the manner indicated by paragraph 5 of that Code of Practice.

5

• (1) Any facilities used for the temporary storage of slurry before it is transferred to a slurry storage tank shall have adequate capacity to store the maximum quantity of slurry which (disregarding any slurry which will be transferred directly into a slurry storage tank) is likely to be produced on the premises in any two day period or such smaller capacity as the Department may agree in writing is adequate to avoid any significant risk of pollution of a waterway.

• (2) Where slurry flows into a channel before discharging into a reception pit and the flow of slurry out of the channel is controlled by means of a sluice, the capacity of the reception pit shall be adequate to store the maximum quantity of slurry which can be released by opening the sluice.

6

• (1) Subject to sub-paragraph (2), the capacity of storage facilities for slurry of a holding shall be sufficient and adequate to provide for the storage of all the slurry which is likely to require storage on the holding for such period as may be necessary to ensure compliance with these Regulations.

• (2) The matters to which regard is to be had under sub-paragraph (1) are—

• (a) the likely quantities of rainfall (including any fall of snow, hail or sleet) which may fall or drain into the slurry storage tank during the likely maximum storage period;

• (b) the need to make provision for not less than 750 millimetres of freeboard in the case of a tank with walls made of earth and 300 millimetres of freeboard in all other cases; and

• (c) soil quality in the vicinity of the slurry storage tank.

7

• (1) Subject to paragraphs (2) and (3), no part of the slurry storage tank or any effluent tank, channel or reception pit shall be situated within 10 metres of any waterway into which slurry could enter if it were to escape, unless paragraph (3) is satisfied.

• (2) Where the construction of an above ground slurry tank is commenced after 31December 2019, paragraph (1) shall apply as if for 10 metres there were substituted 50 metres.

• (3) This paragraph is satisfied if the Department agrees in writing that adequate precautions to avoid a significant risk of pollution are taken.

8

The slurry storage tank and any effluent tank, channels, pipes and reception pit shall be designed and constructed so that with proper maintenance they are likely to satisfy the requirements of paragraphs 2 to 4 for a period of at least 20 years.

9

Where the walls of the slurry tank are not impermeable, the base of the tank shall extend beyond its walls and shall be provided with channels designed and constructed so as to collect any slurry which may escape from the tank and adequate provision shall be made for the drainage of the slurry from the channels to an effluent tank through a channel or pipe.

10

• (1) Subject to sub-paragraph (2), where the slurry storage tank, any effluent tank or reception pit is fitted with a drainage pipe, there shall be two valves in series on the pipe and each valve shall be capable of stopping the flow of slurry through the pipe and shall be kept shut and locked in that position when not in use.

• (2) Sub-paragraph (1) does not apply in relation to a slurry storage tank which drains through the pipe into another slurry storage tank of equal or greater capacity or where the tops of the tanks are at the same level.

11

In the case of a slurry storage tank with walls which are made of earth, the tank shall not be filled to a level which allows less than 750 millimetres of freeboard, and in all other cases the tank shall not be filled to a level which allows less than 300 millimetres of freeboard.

12

Any slurry storage tank constructed, substantially enlarged or substantially reconstructed after 31st December 2019, which is not contained within or underneath a roofed building, shall be covered in a manner which minimises emissions of odour and ammonia.

SCHEDULE 7 — Requirements for silos

1

The requirements which have to be satisfied in relation to a silo are that—

• (a) it complies with paragraphs 2 to 9; or

• (b) if it is designed and constructed, before 20th August 2013, in accordance with the standard on cylindrical forage tower silos published by the British Standards Institution and numbered BS 5061: 1974 .

2

The base of the silo shall, where the silo has retaining walls made other than of earth, extend beyond those walls and shall in all cases be provided with channels so constructed as to collect any silage effluent which may escape from the silo and adequate provision shall be made for the drainage of that effluent from the channels to an effluent tank through a channel or pipe.

3

• (1) Subject to sub-paragraph (2), the capacity of the effluent tank—

• (a) in the case of a silo with a capacity of less than 1500 cubic metres, shall be not less than 3 cubic metres for each 150 cubic metres or part thereof of silo capacity;

• (b) in the case of a silo with a capacity of 1500 cubic metres or more, shall be not less than 30 cubic metres plus one cubic metre for each 150 cubic metres or part thereof of silo capacity in excess of 1500 cubic metres.

• (2) The effluent collection system associated with silos may, with the agreement of the Department, incorporate a system of pumps and sumps, together with detailed sizing, pumping and management requirements, designed to reduce the capacity of the effluent tank.

4

The base of the silo, the base and walls of its effluent tank and channels and the walls of any pipes shall be impermeable.

5

The base and any walls of the silo, its effluent tank and channels and the walls of any pipes shall, so far as reasonably practicable, be resistant to attack by silage effluent and, where the walls are made of earth, they shall be lined with an impermeable membrane.

6

No part of the silo, its effluent tank or channels or any associated pipes shall be situated within 10 metres of any waterway into which silage effluent could enter if it were to escape.

7

If the silo has retaining walls—

• (a) the retaining walls shall be capable of withstanding minimum wall loadings calculated on the assumptions and in the manner indicated by paragraph 15.6.1 to 15.6.3 of the Code of Practice on Buildings and Structures for Agriculture published by the British Standards Institution and numbered BS 5502-22:2003+A1:2013 ;

• (b) the silo shall at no time be loaded to a depth exceeding the maximum depth consistent with the design assumption made in respect of the loadings of the retaining walls; and

• (c) notices shall be displayed on the retaining walls in accordance with paragraph 18 of the Code of Practice referred to in sub-paragraph (a).

8

Subject to paragraph 9, the silo, its effluent tank and channels and any pipes shall be designed and constructed so that with proper maintenance they are likely to satisfy the requirements of paragraphs 2 to 5 and, if applicable, 7(a) for a period of at least 20 years.

9

Where any part of an effluent tank is installed below ground level, it shall be designed and constructed in accordance with the Code of Practice referred to in paragraph 7(a) so that with proper maintenance it is likely to satisfy the requirements of paragraphs 4 and 5 for a period of at least 20 years.

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 8th April 2019.

Dave Foster — A senior officer of the

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2008/301

[^f00002]: 1972 c.68

[^f00003]: S.I. 1997 No.2778 (N.I. 19)

[^f00004]: S.R. 2016 No. 76, article 8(1)(c)

[^f00005]: S.R. 2004 No. 419

[^f00006]: 1954 c.33 (N.I.)

[^f00007]: 1949 c.2 (N.I.)

[^f00008]: S.I. 2006/3336 (N.I. 21)

[^f00009]: OJL 347, 20.12.13, p. 865-883

[^f00010]: OJL 347, 20.12.13, p. 487-547

[^f00011]: S.I. 1997/2778 (N.I. 19)

[^f00013]: S.R. 2003 No. 493

[^f00014]: available from the Department’s website: www.daera-ni.gov.uk

[^f00015]: S.I. 2006/3336 (N.I. 21)

[^f00016]: S.R. 2014 No. 307 to which there are amendments not relevant to these regulations.

[^f00017]: S.R. 2014 No.308

[^f00018]: S.R. 2003 No.493, relevant amending Regulations are S.R. 2006 No. 208, S.R. 2006 No. 489, S.R. 2008 No. 18, S.R. 2010 No. 411 and S.R. 2014 No. 307

[^f00019]: S.R. 2014 No. 291; relevant amending Regulations are S.R. 2014 No. 307

[^f00020]: S.R. 2014 No. 308

[^f00021]: S.R. 2015 No. 369

[^f00022]: S.R. 2018 No. 188

[^f00023]: S.R. 2003 No. 493

[^f00024]: Publication date: 15th April 1993. ISBN 978-0-580-71245-6.

[^f00025]: Publication date: 11th April 1974. ISBN 0-580-08070-6.

[^f00026]: Publication date: 10th June 2003. ISBN 978-0-580-78768-3.

Livestock unit in respect of a bovine animal listed in Column 1 means the number of units specified in Column 2 opposite that bovine animal.

Column 1	Column 2
Dairy cow	1.0
Beef cow	0.8
Bull kept wholly or mainly for breeding	1.0
Other cattle	Other cattle
Under 1 year old	0.4
Between 1 and 2 years old	0.6
Over 2 years old	0.8

Editorial notes

[^c23707361]: S.I. 2008/301

[^c23707371]: 1972 c.68

[^c23707391]: S.R. 2016 No. 76, article 8(1)(c)

[^c23707401]: S.R. 2004 No. 419

[^c23707411]: 1954 c.33 (N.I.)

[^c23707421]: 1949 c.2 (N.I.)

[^c23707431]: S.I. 2006/3336 (N.I. 21)

[^c23707441]: OJL 347, 20.12.13, p. 865-883

[^c23707451]: OJL 347, 20.12.13, p. 487-547

[^c23707461]: S.I. 1997/2778 (N.I. 19)

[^c23707481]: S.R. 2003 No. 493

[^c23707491]: available from the Department's website: www.daera-ni.gov.uk

[^c23707501]: S.I. 2006/3336 (N.I. 21)

[^c23707511]: S.R. 2014 No. 307 to which there are amendments not relevant to these regulations.

[^c23707521]: S.R. 2014 No.308

[^c23707531]: S.R. 2003 No.493, relevant amending Regulations are S.R. 2006 No. 208, S.R. 2006 No. 489, S.R. 2008 No. 18, S.R. 2010 No. 411 and S.R. 2014 No. 307

[^c23707541]: S.R. 2014 No. 291; relevant amending Regulations are S.R. 2014 No. 307

[^c23707551]: S.R. 2014 No. 308

[^c23707561]: S.R. 2015 No. 369

[^c23707571]: S.R. 2018 No. 188

[^c23707581]: S.R. 2003 No. 493

[^c23707591]: Publication date: 15th April 1993. ISBN 978-0-580-71245-6.

[^c23707601]: Publication date: 11th April 1974. ISBN 0-580-08070-6.

[^c23707611]: Publication date: 10th June 2003. ISBN 978-0-580-78768-3.

[^key-a27ab9515b4f92b03b7168f512d860ee]: Words in reg. 3(2) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 4

[^key-c34dabef0d890fca22575651b4ea72db]: Words in reg. 8(2)(f) subsituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 5(a)

[^key-e34d03076d2e9ca60b34e5a12cda70f5]: Reg. 8(2)(g) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 5(b)

[^key-ee977032f2dc458cd04d1f45083774cc]: Reg. 8(9)(d) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 5(c)

[^key-0d0684d81729db59a161d948dea767e0]: Reg. 8(11)(c) omitted (15.10.2019) by virtue of The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 5(d)(i)

[^key-74503976a392b7284d7dae5794ae5008]: Reg. 8(11)(d) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 5(d)(ii)

[^key-409821a690be6cba17254527b5bfce66]: Words in reg. 9(1) subsituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 6

[^key-14a5130b7f3c011c31dd20fdd8a7220d]: Reg. 12(4A) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 7

[^key-1cf3f008cf23284b1e4bbe88f81d9f9e]: Reg. 13(4) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 8

[^key-4906bcf16632bcb76e4d7c13b1647bca]: Word in reg. 16(2)(h) omitted (15.10.2019) by virtue of The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 9(a)

[^key-87013a3978414ad59c685f11db232ad1]: Words in reg. 16(2)(i) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 9(b)

[^key-8d01093bbac76a236ce2cb0de5e0eaca]: Reg. 16(2)(j) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 9(c)

[^key-163ed5bc56e03a051126fa3b9841214c]: Word in reg. 20(3) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 10

[^key-a6b969706fa928dead5eb190044b87bb]: Reg. 21(2) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 11(a)

[^key-8065b6aaf442f782c2b0df1bf3ceb73d]: Reg. 21(3) omitted (15.10.2019) by virtue of The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 11(b)

[^key-2353c7db72d2728025d4c9da9dc3a6e0]: Words in reg. 21(4) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 11(c)

[^key-f90184df5480155a1ac26ae38fb41052]: Words in reg. 27(1)(h) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 12(a)

[^key-563e9b567b7887ca3e72f0dc920854c9]: Words in reg. 27(1)(k) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 12(b)

[^key-7fc57bcc2d48180ae138f8ed6b093116]: Word in reg. 27(1)(m) omitted (15.10.2019) by virtue of The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 12(c)

[^key-640b439884a1857b6060855fa93cc462]: Words in reg. 27(1)(n) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 12(d)

[^key-d9a7fd7a3887bad30ffd5331cc7e48c6]: Reg. 27(1)(o) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 12(e)

[^key-0f08349c4cbf2ff0257f0fc2adf8816d]: Words in reg. 27(2) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 12(f)

[^key-2193d22d06d7c1971acfa64b5180c410]: Reg. 27(3) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 12(g)

[^key-a4be9ed760d203314173d03399e1a8ba]: Reg. 27(3A) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 12(h)

[^key-ef8d7e72475a75911933b89402fd3241]: Reg. 31(2) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 13

[^key-ad83d6413608150f4265e7a5a16d3f8d]: Reg. 32(1) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 14(a)

[^key-da82957674acf5903c2ef4122786a713]: Reg. 32(3) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 14(b)

[^key-c1a5b428ced75e494d584c3be8bb97ca]: Reg. 32(3A) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 14(c)

[^key-bd3ad39f2cdf15999c1aab2d1dd2a781]: Reg. 35(7) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 15

[^key-0e22d7b973b70ff13a01c0e7798996b5]: Pt. 10 inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 16

[^key-a850597fdec09bf423508c2172739109]: Sch. 2 para. 1 inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 17

[^key-d508187729fa77fea20b827aae8d014a]: Word in Sch. 3 Table 2b heading substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 18(a)

[^key-74ae57143f9d213fec4de9e4b5bad2ce]: Words in Sch. 3 substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 18(b)(i)

[^M_F_0e2e7be7-6dc1-4810-9b3b-9c94d7c6f011]: Words in Sch. 3 inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 18(b)(ii)

[^key-0f44d32924571d5a98dc3c64b7c0941c]: Sch. 8 inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), reg. 1, Sch.

[^key-cea5a32feb1b6ef8fde5d1e7f059bebc]: Words in Sch. 4 inserted (Sch.4 renumbered as Sch. 4 Pt. 1) (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 19(a)

[^key-6f80ffc7e8d200ed8fab6e2f95b38317]: Words in Sch. 4 substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 19(b)(i)

[^key-21166878cec6f0c2fb41de89fcb26e31]: Words in Sch. 4 substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 19(b)(ii)

[^key-b69c3c6e147b46d584c2b9db1981af9e]: Sch. 4 Pt. 2 inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 19(c)

PART10 — Derogation from measures governing the limits on land application of livestock manure

39

• (1) A controller may submit to the Department an application for an annual authorisation by such date as may be specified by the Department in a calendar year to apply grazing livestock manure containing up to 250kg nitrogen per hectare in that year.

• (2) In the application referred to in paragraph (1), the controller shall undertake in writing to submit to all the controls provided for in regulation 40 and to fulfil the conditions set out in Schedule 8.

• (3) An authorisation to apply an amount of livestock manure containing up to 250kg nitrogen per hectare per year shall be granted by the Department, subject to the conditions set out in Schedule 8.

40

• (1) The Department shall carry out administrative controls in respect of all applications for authorisation for the assessment of compliance with the conditions set out in Schedule 8.

• (2) The Department shall refuse a derogation application as follows—

• (a) where it is demonstrated that those conditions are not fulfilled, the Department shall refuse the application within a period of 28 days from the date specified by the Department in accordance with regulation 39(1) and the applicant shall be informed of the reasons for refusal, but;

• (b) where the Department has not notified the applicant of a refusal within the period mentioned in sub-paragraph (a), the derogation shall be deemed to have been granted.

• (3) Where it is established that in any year, a grassland holding covered by an authorisation did not fulfil the conditions set out in Schedule 8, the controller commits an offence and shall not be eligible for an authorisation the following year.

• (4) The controller may appeal the decision by the Department in relation to a refusal under paragraph (2) or in relation to an authorisation under paragraph (3) in accordance with the procedure set out in regulation 31.

• (5) Where the derogation has been granted or deemed to have been granted, the controller shall prepare and retain a fertilisation plan.

Criteria as to calculation of phosphorus balance

1

• (1) Phosphorus balance is the difference between phosphorus inputs to the holding less the total of phosphorus outputs leaving the holding. It is calculated per unit area of agricultural land on the holding for each calendar year.

• (2) Phosphorus inputs include, when imported on to the holding—

• (a) the total amount of phosphorus in chemical fertiliser;

• (b) the total amount of phosphorus in feedstuffs (calculated using values from Table 7); and

• (c) the total amount of phosphorus in organic manure (calculated using values from Table 2).

• (3) Phosphorus outputs include, when exported from the holding—

• (a) the total amount of phosphorus in produce, for example, meat, milk and crops (calculated using values from Table 7); and

• (b) the total amount of phosphorus in organic manure (calculated using values from Table 2).

• (4) Inputs of phosphorus to agricultural land in precipitation and losses of phosphorus from the holding to any waterway or water contained in any underground strata are excluded from the balance calculation.

Agricultural product	Phosphorus content (% fresh weight)
Poultry concentrate	0.5 (or actual declared content)
Pig concentrate	0.48 (or actual declared content)
Ruminant concentrate	0.55 (or actual declared content)
All other concentrates	0.58 (or actual declared content)
Cattle	0.66
Milk	0.10
Sheep	0.54
Wool	0.04
Pigs	0.50
Poultry	0.58
Eggs	0.22
Straw	0.10
Silage	0.06
Hay	0.30
Potatoes	0.04
Oats	0.29
Barley	0.30
Wheat	0.26
Maize	0.25
Full fat soya	0.45
Linseed	0.81
Rape	1.10
Soya	0.68
Sunflower	0.93
Gluten	0.96
Citrus	0.1
Wheat distillers	0.77
Corn distillers	0.77
Peas	0.44
Palm kernel	0.63
Pollard	1.00
Soya hulls	0.14
Sugar beet	0.1
Grass fresh	0.06
Whole crop wheat fresh	0.09
Whole crop wheat silage	0.09
Forage maize fresh	0.07
Forage maize silage	0.07

PART1

PART2 — Risk assessment for fertiliser application to land other than steeply sloping land

1

If an application of organic manure (including livestock manure) or chemical fertiliser to sloping land is proposed, a risk assessment must be undertaken in addition to meeting all relevant requirements of these Regulations. The factors set out in Table 3 shall be considered in making this risk assessment. Table 4 shall be consulted to ascertain whether fertiliser application is permitted.

Factor	Risk Level	Organic Manures	Organic Manures	Chemical Fertiliser	Chemical Fertiliser
		Grassland	Other land	Grassland	Other land
Slope percentage incline	High	20% or more (See Part 1)	15% or more (See Part 1)	20% or more (See Part 1)	15% or more (See Part 1)
Slope percentage incline	Medium	10 to less than 20%	10 to less than 15%	10 to less than 20%	10 to less than 15%
Slope percentage incline	Low	Less than 10%	Less than 10%	Less than 10%	Less than 10%
Distance from spreading area to waterway other than lakes	High	Less than 10 metres (see Note 1)	Less than 10 metres (see Note 1)	Less than 2 metres	Less than 2 metres
Distance from spreading area to waterway other than lakes	Medium	10 to 20 metres (see Note 2)	10 to 20 metres (see Note 2)	2 to 5 metres	2 to 5 metres
Distance from spreading area to waterway other than lakes	Low	More than 20 metres	More than 20 metres	More than 5 metres	More than 5 metres
Distance from spreading area to lake	High	Less than 20 metres	Less than 20 metres	Less than 10 metres	Less than 10 metres
Distance from spreading area to lake	Medium	20 to 30 metres	20 to 30 metres	10 to 15 metres	10 to 15 metres
Distance from spreading area to lake	Low	More than 30 metres	More than 30 metres	More than 15 metres	More than 15 metres
Amount applied per hectare per application	High	More than 50m³ (liquid) or 50 tonnes (solid)	More than 50m³ (liquid) or 50 tonnes (solid)	More than 150kg Nitrogen	More than 150kg Nitrogen
Amount applied per hectare per application	Medium	25 to 50m³ (liquid) or 25 to 50 tonnes (solid) (see Note 2)	25 to 50m³ (liquid) or 25 to 50 tonnes (solid) (see Note 2)	120 to 150kg Nitrogen	120 to 150kg Nitrogen
Amount applied per hectare per application	Low	Less than 25m³ (liquid) or 25 tonnes (solid)	Less than 25m³ (liquid) or 25 tonnes (solid)	Less than 120kg Nitrogen	Less than 120kg Nitrogen
Soil conditions at time of proposed slurry application	High	Very wet, compacted soil	Very wet, compacted soil	Very wet, compacted soil	Very wet, compacted soil
Soil conditions at time of proposed slurry application	Medium	Wet, poached soil	Wet, poached soil	Wet, poached soil	Wet, poached soil
Soil conditions at time of proposed slurry application	Low	Dry, firm trafficable soil	Dry, firm trafficable soil	Dry, firm trafficable soil	Dry, firm trafficable soil
Forecast weather conditions for next 48 hours	High	Heavy rainfall (more than 4mm per hour)	Heavy rainfall (more than 4mm per hour)	Heavy rainfall (more than 4mm per hour)	Heavy rainfall (more than 4mm per hour)
Forecast weather conditions for next 48 hours	Medium	Moderate rainfall (0.5 to 4mm per hour)	Moderate rainfall (0.5 to 4mm per hour)	Moderate rainfall (0.5 to 4mm per hour)	Moderate rainfall (0.5 to 4mm per hour)
Forecast weather conditions for next 48 hours	Low	Low rainfall (less than 0.5mm per hour)	Low rainfall (less than 0.5mm per hour)	Low rainfall (less than 0.5mm per hour)	Low rainfall (less than 0.5mm per hour)
Arable land only – time to incorporation		Liquid	Solid
Arable land only – time to incorporation	High	More than 48 hours (see Note 3)	More than 5 days	Not applicable	Not applicable
Arable land only – time to incorporation	Medium	12 to 48 hours	3 to 5 days	Not applicable	Not applicable
Arable land only – time to incorporation	Low	Less than 12 hours	less than 3 days	Not applicable	Not applicable

SCHEDULE8 — Conditions applying in relation to a Derogation

1

The following are the conditions for the purposes of regulation 40(1) in relation to the application to land on a grassland holding in any year of livestock manure in excess of the amount specified in regulation 9.

Application of manure and other fertilisers

2

The amount of livestock manure from grazing livestock applied to land each year on a grassland holding, including by the animals themselves, shall not exceed the amount of manure containing 250kg nitrogen per hectare, subject to the conditions laid down in paragraphs 3 to 7.

3

The total nitrogen inputs shall neither exceed the foreseeable nutrient demand of the crop nor the maximum fertilisation rate applicable to the grassland holding, established in these Regulations, and shall take into account the supply from the soil.

4

A fertilisation account, including information related to the management of nitrogen and phosphorus inputs and the management of dirty water shall be prepared and kept for each grassland holding and submitted to the Department for each calendar year by 1st March of the following calendar year.

5

Periodic sampling and analyses of the soil with respect to nitrogen and phosphorus shall be performed by each grassland holding, at least every four years for each homogeneous area of grassland, with regard to crop rotation and soil characteristics.

6

At least one analysis per four hectares shall be carried out.

7

Livestock manure shall not be spread in the autumn before grass cultivation.

8

For each grassland holding, the controller shall ensure that the phosphorus balance, calculated in accordance with paragraph 1 of Schedule 2 and Tables 2 and 7 of that Schedule, does not exceed a surplus of 10kg phosphorus per hectare per year.

9

At least 50% of slurry produced on the holding shall be applied on or before 15th June of each year. Low emission slurry spreading equipment shall be used for any slurry applications after 15th June of each year.

Condition regarding land management

10

Temporary grassland shall be ploughed in spring.

11

Ploughed grass on all soil types shall be followed immediately by a crop with high nitrogen demand.

12

Crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen. However, crop rotation may include clover in grassland with less than 50% clover and other leguminous plants that are undersown with grass.

Definitions

13

In this Schedule—

• (a) “autumn” means the months of September, October and November;

• (b) “fertilisation account” means the nutrient balance based on the real use and uptake of nutrients;

• (c) “spring” means the months of March, April and May.