The Nitrate Pollution Prevention (Amendment) and Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) (Amendment) Regulations 2013

Made: 25th April 2013

Laid before Parliament: 26th April 2013

Coming into force in accordance with regulation 1(2)

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment. In respect of the amendments to the Nitrate Pollution Prevention Regulations 2008 , the Secretary of State makes the following Regulations under the powers conferred by that section.

In respect of the amendment to the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 , the Secretary of State makes the following Regulations under the powers conferred by sections 92(1) and 219(2)(e) and (f) of the Water Resources Act 1991 .

Citation and commencement

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• (1) These Regulations—

• (a) may be cited as the Nitrate Pollution Prevention (Amendment) and Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) (Amendment) Regulations 2013;

• (b) apply in relation to England only.

• (2) These Regulations come into force on 17th May 2013, save as follows—

• (a) the following come into force on 1st January 2014—

• (i) regulation 9(b) and (c)(ii);

• (ii) regulation 11, except in so far as necessary to give effect to amendments introduced by regulations 4, 6 and 10;

• (iii) regulation 12, except in so far as the amendment it introduces refers to regulations 4(5)(b), 13(5) and 16A(4) of the Nitrate Pollution Prevention Regulations 2008;

• (iv) regulation 24, except in so far as necessary to give effect to amendments introduced by regulations 4, 6 and 10;

• (b) regulation 20 comes into force on 16th May 2014.

• (3) In paragraph (2), references to amendments are references to amendments by these Regulations to the Nitrate Pollution Prevention Regulations 2008.

Amendment of the Nitrate Pollution Prevention Regulations 2008

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Amendments in respect of the designation of nitrate vulnerable zones

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Amendments in respect of the action programme measures

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Greenhouse exemptions and transitional provisions for holdings newly in a nitrate vulnerable zone

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Other amendments to Schedules

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Amendments to grassland derogation conditions

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Amendment of the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010

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In the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 , for regulation 9 (notice of construction etc), substitute—

(9) (1) This regulation applies to any silo, slurry or fuel oil storage system whose construction is to be begun on or after 15th June 2013 (“a new or improved store”). (2) A person who proposes to have custody or control of silage, slurry or fuel oil that is to be kept in a new or improved store must give the Agency notice specifying the type of silo or storage system and its location, at least 14 days before work constructing the new or improved store is to be begun. (3) In this regulation, “construction” includes substantial enlargement and reconstruction.

Signed

Richard Benyon — Parliamentary Under Secretary of State — 2013-04-25

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: SI 2008/301.

[^f00002]: 1972 c. 68. Section 2(2) was amended by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7) and by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51).

[^f00003]: SI 2008/2349, amended by SI 2009/3160, 2010/1159 and 2012/1849.

[^f00004]: SI 2010/639, as amended by SI 2010/1091.

[^f00005]: 1991 c. 57. The functions of the Secretary of State and of the Minister of Agriculture, Fisheries and Food under section 92, so far as exercisable in relation to Wales outside of the catchments of the rivers Dee, Wye and Severn, were transferred to the National Assembly for Wales under article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672), and subsequently to Welsh Ministers under section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32.). In relation to those parts of the catchments of the rivers Dee, Wye and Severn in Wales, it was directed in the 1999 Order that the functions of the Secretary of State and of the Minister of Agriculture, Fisheries and Food be exercisable by the National Assembly for Wales concurrently with the Secretary of State. Remaining functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State under article 2 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (SI 2002/794).

[^f00006]: SI 2010/675, as amended by SI 2012/630.

[^f00007]: published by the British Standards Institution, 389 Chiswick High Road, London W5 5AL (www.bsigroup.com ), ISBN 978-0-580-65307-0.

[^f00008]: The scheme is administered by Basis Registration Ltd, and a list of qualified persons is available from them on request at http://www.basis-reg.com/contact.aspx

[^f00009]: The Fertiliser Manual RB209, 8th edition, is published by TSO, June 2010, ISBN 978-0-11-243286-9.

[^f00010]: SI 1989/1263; relevant amending instruments are SI 1990/880 and 1996/593.

[^f00011]: SI 2010/639, as amended by SI 2010/1091.

Greenhouse exemptions and transitional provisions for holdings newly in a nitrate vulnerable zone

Other amendments to Schedules

Amendments to grassland derogation conditions

Amendment of the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010

Editorial notes

[^c21777291]: SI 2008/301.

[^c21777301]: 1972 c. 68. Section 2(2) was amended by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7) and by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51).

[^c21777311]: SI 2008/2349, amended by SI 2009/3160, 2010/1159 and 2012/1849.

[^c21777321]: SI 2010/639, as amended by SI 2010/1091.

[^c21777331]: 1991 c. 57. The functions of the Secretary of State and of the Minister of Agriculture, Fisheries and Food under section 92, so far as exercisable in relation to Wales outside of the catchments of the rivers Dee, Wye and Severn, were transferred to the National Assembly for Wales under article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672), and subsequently to Welsh Ministers under section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32.). In relation to those parts of the catchments of the rivers Dee, Wye and Severn in Wales, it was directed in the 1999 Order that the functions of the Secretary of State and of the Minister of Agriculture, Fisheries and Food be exercisable by the National Assembly for Wales concurrently with the Secretary of State. Remaining functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State under article 2 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (SI 2002/794).

[^c21777391]: SI 2010/639, as amended by SI 2010/1091.

[^key-049dbda2a33a6787f3b6810c5180dcc6]: Regs. 2-25 revoked (1.5.2015) by The Nitrate Pollution Prevention Regulations 2015 (S.I. 2015/668), regs. 1(2), 44(e)