The Nitrate Pollution Prevention Regulations 2015

9

• (1) Any temporary grassland on sandy soils on the holding must not be ploughed between 1stJuly and the following 31st December.

• (2) Where livestock manure has been spread on grass on sandy soils on the holding between 1st September and 31st December, the grass must not be ploughed before the following 16th January.

• (3) Where livestock manure has been spread on grass not on sandy soils on the holding between 15th October and the following 15th January, the grass must not be ploughed before the following 16th January.

Sowing crops following grass

10

• (1) Where any grass on the holding is ploughed, the land must—

• (a) be sown with a crop with high nitrogen demand within four weeks beginning with the day after the ploughing, or

• (b) be sown with grass within six weeks beginning with that day.

• (2) The reference to a crop with high nitrogen demand includes a reference to grass, potatoes, sugar beet, maize, wheat, oilseed rape, barley, brassica, rye and triticale.

Crop rotation

11

Crop rotation on the holding must not include leguminous or other plants fixing atmospheric nitrogen except for—

• (a) grass with less than 50% clover, or

• (b) any other leguminous plant that is under-sown with grass.

Recording the size of the holding

12

• (1) The occupier must record the total agricultural area and the area of the grass within the holding by 1st March for each calendar year.

• (2) If the size of the holding or the area of the grass within it changes, the occupier must update the record under sub-paragraph (1) within one month beginning with the day after the day of the change.

Records relating to storage of manure during storage period

13

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 1st March for each calendar year.

Record of nitrogen and phosphate produced by animals

14

• (1) The occupier must make a record of the expected number of livestock animals to be kept on the holding during the calendar year to which the derogation relates, and the category for each animal by reference to the categories in Schedule 1.

• (2) Having complied with the duty under sub-paragraph (1), the occupier must calculate and record the amount of nitrogen and phosphate in manure expected to be produced by the livestock on the holding during that year by reference to Schedule 1.

• (3) A record required under this paragraph must be made by 1st March for the calendar year concerned.

Livestock manure intended to be brought on to or sent off the holding

15

• (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 the calendar year to which the derogation relates, and

• (b) calculate and record the amount of nitrogen in the livestock manure recorded under paragraph (a) in accordance with Part 1 or 2 of Schedule 2.

• (2) A record required under this paragraph must be made by 1st March for the calendar year concerned.

Records of crops sown

16

The occupier must, within one week of sowing a crop on which the occupier spreads or intends to spread nitrogen fertiliser, record the crop sown and the date of sowing.

Records of spreading phosphate fertiliser

17

The 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 ploughing

18

The occupier must, within one week of ploughing on the holding, record the date of the ploughing.

Fertilisation accounts

19

• (1) The occupier must prepare accounts for the calendar year to which the derogation relates and must submit the accounts to the Agency by the following 30th April.

• (2) The accounts must be in the form and manner published by the Agency.

• (3) The accounts must record—

• (a) the total agricultural area of the holding,

• (b) the area of the holding covered by each of the following—

• (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 of animals kept on the holding and the category for each animal by reference to the categories in Schedule 1,

• (d) the amount of nitrogen and phosphate in the manure produced by the animals on the holding by reference to that Schedule,

• (e) the amount, type and characteristics of livestock manure brought on to or sent off the holding,

• (f) the amount of nitrogen and phosphate in the manure recorded under paragraph (e) calculated in accordance with paragraph 14(2),

• (g) the weight in tonnes and the nitrogen content of all manufactured nitrogen fertiliser stocks kept on the holding between 1st January and 31st December, and

• (h) the weight in tonnes and the nitrogen content of all manufactured nitrogen fertiliser brought on to and sent off the holding between those dates.

Signed

Dan Rogerson — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 2015-03-09

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations consolidate, with minor corrections and drafting changes, the provisions set out in regulation 44.

They continue to implement in England Council Directive 91/676/EEC (concerning the protection of waters against pollution by nitrates from agricultural sources) and Commission Decision 2009/431/EC granting a derogation pursuant to that Directive.

Part 2 of the Regulations provides for the designation of land as nitrate vulnerable zones. It requires the Environment Agency to make recommendations to the Secretary of State about designations and for the Secretary of State to publish proposals. It establishes an appeals procedure against a proposed designation to the First-tier Tribunal.

Part 3 imposes annual limits on the amount of nitrogen from organic manure that may be applied or spread in a holding in a nitrate vulnerable zone.

Part 4 establishes requirements relating to the amount of nitrogen to be spread on a crop, and requires an occupier to plan in advance how much nitrogen fertiliser will be spread.

Part 5 requires an occupier to provide a risk map of the holding and imposes conditions on how, where and when to spread nitrogen fertiliser. It also establishes closed periods during which the spreading of nitrogen fertiliser is prohibited.

Part 6 makes provision for how nitrogen fertiliser must be stored.

Part 7 specifies which records must be kept.

Part 8 provides for the procedure for an application for a derogation and establishes an appeals procedure against the refusal of an application. Schedule 3 sets out the additional requirements to be met by an occupier of a derogated holding.

Part 9 requires the Secretary of State to review the Regulations.

Part 10 makes provision about enforcement. Breach of the Regulations is an offence punishable with a fine on summary conviction or on conviction on indictment. The Environment Agency is responsible for enforcing the Regulations.

An impact assessment has not been produced for this instrument as, given that it is a consolidation, no additional impact on business or the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 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).

[^f00002]: SI 2008/301.

[^f00003]: OJ No. L 375, 31.12.1991, p.1

[^f00004]: 1947 c.48

[^f00006]: 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

[^f00007]: OJ No. L 375, 31.12.1991, p.1.

[^f00008]: OJ No. L 330, 5.12.1998, p.32.

[^f00009]: OJ No. L 277, 21.10.2005, p.1. This was repealed by Regulation (EU) 1305/2013 subject to transitional provisions (see Article 88).

[^f00010]: OJ No. L 189, 20.7.2007, p.1.

[^f00011]: OJ No. L 327, 22.12.2000, p.1.

[^f00012]: OJ No. L 347, 20.12.2013, p.487.

[^f00013]: The First-tier Tribunal was established by section 3(1) of the Tribunals, Courts and Enforcement Act 2007 (c. 15). By virtue of article 3 of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 (S.I. 2010/2655), the General Regulatory Chamber of the First-tier Tribunal is allocated all functions related to proceedings in respect of the decisions and actions of regulatory bodies which are not allocated to the Health, Education and Social Care Chamber or to the Tax Chamber by other provisions of that Order.

[^f00014]: S.I. 2009/1976.

[^f00015]: Published by the British Standards Institution, 389 Chiswick High Road, London W5 5AL (www.bsigroup.com), ISBN 978-0-580-65307-0.

[^f00016]: See regulation 17 of S.I. 2008/2349 as substituted by S.I. 2013/1001.

[^f00017]: Published by TSO, June 2010, ISBN 978-0-11-243286-9.

[^f00018]: 1981 c.69. See section 28 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37).

[^f00019]: Council Regulation (EC) 1698/2005 was repealed by Article 88 of Regulation (EU) 1305/2013 but commitments entered into under it remain in force by virtue of the transitional provision in that Article.

[^f00020]: S.I. 1989/1263; see regulation 2.

[^f00023]: S.I. 2008/2349.

[^f00026]: SI 2010/1157.

[^f00027]: SI 2008/2349.

[^f00028]: SI 2009/3160.

[^f00029]: SI 2010/1159.

[^f00030]: SI 2012/1849.

[^f00031]: SI 2013/1001.

[^f00032]: SI 2013/2619.

Transitional periods for new holdings

5A

The requirements of the regulations listed in Schedule 4 do not apply in relation to a new holding until the dates set out in that Schedule.

Appeal

Record of size of holding

25A

The occupier of a new holding must record the total size of the holding, calculated in accordance with regulation 7(4).

Record of storage capacity

25B

The occupier of a new holding with livestock must calculate and record—

• (a) the amount of manure that will be produced by the number of animals expected to be kept in a building or on hardstanding during the storage period (as defined by regulation 25), using the figures in Schedule 1;

• (b) the amount of storage capacity (in slurry vessels and hardstanding) required to enable compliance with regulation 25, 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 liquids other than slurry likely to enter the vessel; and

• (c) the current storage capacity of the holding.

SCHEDULE4 — Transitional dates for new holdings

1

The following regulations do not apply in relation to a new holding until the beginning of the second calendar year after the year in which the Secretary of State revises or adds to the designation of nitrate vulnerable zones under regulation 4(5) so as to include the new holding—

• (a) regulation 7 (application of livestock manure);

• (b) regulation 8 (spreading organic manure);

• (c) regulation 10 (planning the spreading of nitrogen fertiliser);

• (d) regulation 11 (additional information to be recorded);

• (e) regulation 12 (total nitrogen spread on a holding);

• (f) regulation 13 (grass grown for dehydration or chlorophyll production);

• (g) regulation 15 (risk map);

• (h) regulation 16 (restrictions on spreading nitrogen fertiliser);

• (i) regulation 17 (spreading organic manure near surface water, boreholes, springs or wells);

• (j) regulation 19 (incorporating organic manure into the ground);

• (k) regulation 23 (storage of organic manure);

• (l) regulation 25A (record of size of holding);

• (m) regulation 25B (record of storage capacity);

• (n) regulation 26 (annual records relating to storage);

• (o) regulation 27 (record of nitrogen produced by animals);

• (p) regulation 28 (livestock manure brought on to or sent off the holding);

• (q) regulation 29 (sampling and analysis);

• (r) regulation 30 (records of crops sown);

• (s) regulation 31 (records of spreading nitrogen fertiliser);

• (t) regulation 32 (subsequent records);

• (u) regulation 34 (keeping records up to date).

2

The following regulations do not apply in relation to a new holding until 31st July in the third calendar year after the year in which the Secretary of State revises or adds to the designation of nitrate vulnerable zones under regulation 4(5) so as to include the new holding—

• (a) regulation 18 (restrictions on spreading slurry);

• (b) regulation 20 (closed periods for organic manure);

• (c) regulation 21 (exemption for organic holdings);

• (d) regulation 22 (closed period for manufactured nitrogen fertiliser);

• (e) regulation 24 (separation of slurry);

• (f) regulation 25 (storage capacity).

Editorial notes

[^key-94bdc16e415e78fcc6fdb900a2dcb0ad]: Reg. 5A inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 5(1)

[^key-cb6895bd67dbad04cb4bdfc04cd9083f]: Regs. 25A, 25B inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 6

[^key-ef6099581b8585c1d56f72289cce80c4]: Reg. 24 substituted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 9(4)

[^key-55dc76bc493279290cf4a902be53b2f8]: Sch. 4 inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 5(2), Sch.

[^key-12cf5dc2f6ffb2c9e80f98794df2fef0]: Words in reg. 2(1) substituted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 9(1)(b)

[^key-f5abb38df917d168cfe1e50b365f22f8]: Reg. 5(3A) inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 4(b)

[^key-43b19c05a9daa3392db8b5ab39a24883]: Words in reg. 5(3) inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 4(a)

[^key-0bd30dcb6c8566dd11233b2156be54d9]: Words in reg. 5(4) inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 4(c)

[^key-768c6b5f6abe4d6af525477b867c80e7]: Reg. 5(4)(a) substituted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 4(d)

[^key-b37c1083bf4ffb7013be6aba8de3c322]: Words in reg. 5(4)(b) inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 4(e)

[^key-f0f23f4032e88cbe6e0c35513655eddf]: Words in reg. 6(1) inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1254), regs. 1(1), 2(2)(a)(i)

[^key-427075d119266d3b7dfa20342ec2d386]: Words in reg. 6(1) inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1254), regs. 1(1), 2(2)(a)(ii)

[^key-e0603ae0c69a4bfe40c96a7c3af63107]: Word in reg. 6(2)(a) omitted (31.12.2016) by virtue of The Nitrate Pollution Prevention (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1254), regs. 1(1), 2(2)(b)(i)

[^key-de25c585c31b7b144cf676ffb9bdacf0]: Reg. 6(2)(aa) inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1254), regs. 1(1), 2(2)(b)(ii)

[^key-f928ba05d7ca29f13a47e5e45aa2971b]: Reg. 18(2) omitted (31.12.2016) by virtue of The Nitrate Pollution Prevention (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1254), regs. 1(1), 2(3)

[^key-a82b02c61a96eba85fdc839f1550521f]: Reg. 20(6) omitted (31.12.2016) by virtue of The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 9(2)

[^key-ea536fd15359d86a48525455ef5d8fa0]: Reg. 21(6) omitted (31.12.2016) by virtue of The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 9(3)

[^key-938e5b4c4555bfbd33c40362cccd88d5]: Reg. 34(1) substituted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 7(a)

[^key-3f7dae61d10e543674eb48f01ad91d32]: Reg. 34(3) substituted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 7(b)

[^key-665edc9fc969bd182c14f748efa246e4]: Reg. 36(5A) inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 8(b)

[^key-65b4d09850eae720b7e1a0d4267e4917]: Reg. 36(4)(4A) substituted for reg. 36(4) (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 8(a)

[^key-41dd8a03bd54f07d6307e9eb991c8cf2]: Words in reg. 40(5) substituted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 9(5)

[^key-0e973a56296ef2b20a44ad5d07d2735e]: Reg. 41(1) substituted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 9(6)

[^key-4638e4852b2b4606c214f6b539f82c91]: Words in reg. 2(1) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 87 (with regs. 1(3), 77-79, Sch. 4)

[^key-331a1de612296318d0dc897668cd660d]: Words in reg. 37(6) substituted (30.11.2017) by The Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013), reg. 1, Sch. 4 para. 17(2) (with regs. 3, 4(2))

[^key-8c66ca94ac6434a02f6ef56b9d712c28]: Words in reg. 37(5) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 53

[^key-42d709cb27625bb4f44508274712ad4d]: Words in reg. 2(3) inserted (1.6.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (S.I. 2018/575), regs. 1(2), 10(2)

[^key-da51d996f0035f9cf413a382761a8af8]: Words in reg. 4(4) substituted (1.6.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (S.I. 2018/575), regs. 1(2), 10(3)

[^key-d6d333e5f5aa300d40560caa60322695]: Words in reg. 2(1) substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 5(2)

[^key-2f149dd78f9174178221a9679ab49893]: Reg. 3(3) inserted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 5(3)(b)

[^key-93e7c70e5f3a2f5aad4e44e59a2410b3]: Reg. 3(2) substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 5(3)(a)

[^key-6cd165164bd40750cf87e1776d5068bb]: Words in reg. 4(2) substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 5(4)

[^key-dea799ce586ad29f88d4861fdc0408c3]: Words in reg. 5(1) substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 5(5)

[^key-19f530d6d6773d7f3d6a48c92c0fc857]: Words in Sch. 4 para. 1 substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 5(6)(a)

[^key-cc333f8de920632966e6727059e25f9e]: Words in Sch. 4 para. 2 substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 5(6)(b)

[^key-79dae0e7f5263ac5eaea1b65e2b709fd]: Reg. 40A inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 16(6); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7968c4a78d74a751083fc9a2f731ea9b]: Reg. 2(4)(5) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 16(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-df8383069cd61db118cf5362d5d8cd42]: Words in reg. 4(2)(b) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 16(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-eb26c33819a36e5cdbddfee75e0e2062]: Reg. 4(7) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 16(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_48835fdb-d9b3-473e-e73d-402b1ea63ecf]: S.I. 2016/614, amended by S.I. 2017/506, 2018/378, 2018/706.

[^M_F_215f9c92-b75f-4270-c3bb-3d9fb709fc63]: S.I. 2016/618, amended by S.I. 2017/506, 2018/707.

[^M_F_d3aa216f-da3c-4f7f-abb1-2fc768323a43]: OJ No L 375, 31.12.1991, p 1, as last amended by Regulation (EC) No 1137/2008 (OJ No L 311, 21.11.2008, p 1).

[^key-74b150d78d285725558e2ca51145d464]: Reg. 36(2A) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 16(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fb0cebc6b3d29606391ce657c0920190]: Reg. 36(7) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 16(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0c9bebe96adf91d7045dc2968b78051d]: Words in reg. 39 heading inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 16(5); 2020 c. 1, Sch. 5 para. 1(1)

Review of the action programme

Implementation report

40A

• (1) The Secretary of State must prepare a report on the implementation of these Regulations for each relevant period.

• (2) A report under paragraph (1) must contain—

• (a) details of any steps taken to promote good agricultural practice;

• (b) the map published under regulation 3(2), accompanied by a statement detailing the nature of, and reasons for, any revisions to the designated nitrate vulnerable zone since the end of the previous reporting period;

• (c) a summary of the monitoring results obtained by the Agency under regulation 4;

• (d) a summary of the most recent review conducted under regulation 39.

• (3) A report under paragraph (1) must be published—

• (a) in such manner as the Secretary of State considers appropriate;

• (b) by the last day of the six month period beginning with the day on which the relevant period ends.

• (4) In this regulation, “relevant period” means the period of four years beginning with 1st January 2016 and each successive period of four years.