.The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 4) Regulations 2023

Made: 14 December 2023

Laid before Senedd Cymru: 15 December 2023

Coming into force: 31 December 2023

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 92 and 219(2)(d) to (f) of the Water Resources Act 1991[^f00001].

Title and coming into force

1

The title of these Regulations is the Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 4) Regulations 2023 and they come into force on 31 December 2023.

Amendments to the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021

2

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021[^f00002] are amended in accordance with regulations 3 to 8.

Amendment of regulation 2 (transitional measures for holdings not previously in a nitrate vulnerable zone)

3

In regulation 2(b) (transitional measures for holdings not previously in a nitrate vulnerable zone) after “1 January 2024” insert “however, regulation 4 does not apply to qualifying grassland holdings until 1 January 2025”.

Amendment of regulation 3 (interpretation)

4

In regulation 3 (interpretation)—

• (a) after the definition of “crop with high nitrogen demand”, insert—

• “enhanced nutrient management plan” (“cynllun rheoli maethynnau uwch”) means a plan prepared in accordance with paragraphs 6 and 7 of Schedule 1A;

• (b) for the definition of “NRBW” substitute—

• “NRW” (“CNC”) means Natural Resources Wales;

• (c) after the definition of “poultry” insert—

• “precision spreading equipment” (“cyfarpar taenu manwl”) means a trailing shoe, dribble bar or injector system;
• “qualifying grassland holding” (“daliad glaswelltir cymhwysol”) means a holding or part of a holding that was not previously situated within a nitrate vulnerable zone as shown on the NVZ index map, where 80% or more of the agricultural area of the holding is sown with grass

• (d) after the definition of “reception pit” insert—

• “relevant period” (“cyfnod perthnasol”) means the period beginning with 1 January 2024 and ending with 31 December 2024;

Insertion of new regulations 4A and 4B

5

After regulation 4 (application of livestock manure – total nitrogen limit for the whole holding), insert—

(4A) (1) The occupier of a qualifying grassland holding must ensure that during the relevant period— $$A≥Ngl/250±Nngl/170$ where— A is the area of the holding (hectares), as existing on 1 January 2024; Ngl is the total amount of nitrogen (kg) in grazing livestock manure applied to the holding during the relevant period, whether directly by an animal or by spreading, calculated in accordance with table 1 in Schedule 1; Nngl is the total amount of nitrogen (kg) in non-grazing livestock manure, applied to the holding during the relevant period, whether directly by an animal or by spreading, calculated in accordance with table 2 in Schedule 1.$ (2) Where the occupier of a qualifying grassland holding intends during the relevant period to apply to the holding, whether directly by an animal or by spreading, a total amount of nitrogen in grazing livestock manure which exceeds 170 kg multiplied by the area of the holding in hectares, they must— (a) submit a notice to NRW in accordance with regulation 4B, and (b) comply with the enhanced nutrient management requirements in Schedule 1A. (3) In calculating the area of the holding for the purposes of ascertaining the amount of nitrogen 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). (4B) (1) A notice under this regulation must include— (a) the name of the occupier of the qualifying grassland holding, (b) the address of the qualifying grassland holding, (c) a written statement that the occupier intends during the relevant period to apply to the holding, whether directly by an animal or by spreading, a total amount of nitrogen in grazing livestock manure which exceeds 170 kg multiplied by the area of the holding in hectares, and (d) a written statement that the occupier will comply with the additional requirements set out in Schedule 1A. (2) A notice must be submitted to NRW by 31 March 2024 and must be accompanied by the enhanced nutrient management plan for the qualifying grassland holding. (3) The notice and accompanying enhanced nutrient management plan must be submitted to NRW by e-mail[^f00003].

Amendment of regulation 14 (spreading organic manure near surface water, boreholes, springs or wells)

6

In regulation 14 (spreading organic manure near surface water, boreholes, springs or wells)—

• (a) in paragraph (1), at the beginning insert “Except where paragraph 26 of Schedule 1A applies,”, and

• (b) omit paragraph 4.

Amendment of regulations 24, 30, 31, 32, 47 and Schedule 6

7

In the following regulations, for “NRBW” substitute “NRW”—

• (a) regulation 24(1)(c)(i),

• (b) regulation 30, in each place it occurs,

• (c) regulation 31, in each place it occurs,

• (d) regulation 32(2),

• (e) regulation 47, and

• (f) Schedule 6, in each place it occurs.

Insertion of new Schedule 1A (enhanced nutrient management requirements)

8

After Schedule 1 (amount of manure, nitrogen and phosphate produced by grazing livestock and non-grazing livestock), insert Schedule 1A (enhanced nutrient management requirements) as set out in the Schedule to these Regulations.

Revocation of the Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 3) Regulations 2023

9

The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 3) Regulations 2023[^f00004] are revoked.

SCHEDULE

Signed

Lesley Griffiths — Minister for Rural Affairs and North Wales, and Trefnydd, one of the Welsh Ministers — 14 December 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 (S.I. 2021/77 (W. 20)) (“the 2021 Regulations”).

Regulation 3 amends regulation 2 (transitional measures for holdings not previously in a nitrate vulnerable zone) of the 2021 Regulations. It changes the implementation date for regulation 4 (application of livestock manure – total nitrogen limit for the whole holding) for holdings or parts of holdings not previously situated within a nitrate vulnerable zone (“NVZ”) as shown on the NVZ index map, where 80% or more of the agricultural area is sown with grass (“qualifying grassland holdings”) from 1 January 2024 to 1 January 2025. This means that the total nitrogen limit in livestock manure for the whole holding (170kg multiplied by the area of the holding in hectares) in regulation 4 of the 2021 Regulations does not apply to qualifying grassland holdings until 1 January 2025.

Regulation 4 amends regulation 3 (interpretation) of the 2021 Regulations by inserting definitions of the terms “enhanced nutrient management plan”, “precision spreading equipment”, “qualifying grassland holding” and “relevant period”. It also substitutes a definition of “NRW” for “NRBW”.

Regulation 5 inserts new regulations 4A and 4B into the 2021 Regulations. Regulation 4A (application of grazing and non-grazing livestock manure on qualifying grassland holdings during the relevant period) requires the occupier of a qualifying grassland holding to ensure that for the calendar year 2024 (“the relevant period”) the area of the holding (in hectares) is greater than or equal to the sum of the total amount of nitrogen in grazing livestock manure applied to the holding divided by 250, plus the total amount of nitrogen in non-grazing livestock manure applied to the holding divided by 170. The purpose of this calculation is to limit the total amount of nitrogen in livestock manure that an occupier of a qualifying grassland holding is permitted to apply to the holding, whether directly by an animal or by spreading, during the relevant period. It ensures that where an occupier of a qualifying grassland holding is only applying grazing livestock manure to the holding, they must not apply more than 250kg of nitrogen in grazing livestock manure per hectare during the relevant period. It also ensures that where an occupier of a qualifying grassland holding is only applying non-grazing livestock manure to the holding, they must not apply more than 170kg of nitrogen in non-grazing livestock manure per hectare during the relevant period. Where an occupier of a qualifying grassland holding is applying both grazing and non-grazing livestock manures to the holding during the relevant period, the calculation also makes provision for the application of both to be adjusted on a pro-rata basis.

Regulation 4A(2) provides that where an occupier of a qualifying grassland holding intends to apply to the holding during the relevant period, a total amount of nitrogen in grazing livestock manure which exceeds 170kg multiplied by the area of the holding in hectares, they must comply with additional enhanced nutrient management requirements established under Schedule 1A (enhanced nutrient management requirements) and notify Natural Resources Wales (“NRW”). Regulation 4B (notice requirements) sets out the notice requirements that the occupier of a qualifying grassland holding must comply with when notifying NRW.

Regulation 6 makes minor amendments to regulation 14 (spreading organic manure near surface water, boreholes, springs or wells) of the 2021 Regulations to assist with clarity.

Regulation 7 replaces references to “NRBW with references to “NRW” wherever they occur in the Regulations. This is in consequence of replacing the definition of “NRBW” with “NRW” under regulation 3.

Regulation 8 inserts a new Schedule 1A (enhanced nutrient management requirements) into the 2021 Regulations which sets out the additional enhanced nutrient management requirements to be met by an occupier of a qualifying grassland holding if the occupier intends, during the relevant period, to apply to the holding a total amount of nitrogen in grazing livestock manure which exceeds 170kg multiplied by the area of the holding in hectares.

Regulation 9 revokes the Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 3) Regulations 2023.

The Welsh Ministers’ Code of Practice on the carrying out of regulatory impact assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

Footnotes

[^f00001]: 1991 c. 57. Section 92 was amended by section 120 of, and paragraphs 128 and 144 of Schedule 22 to, the Environment Act 1995 (c. 25), and by S.I. 2010/675 and S.I. 2013/755 (W. 90). There are amendments to section 219 which are not relevant to these Regulations. By virtue of article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) functions of the Secretary of State under section 92 were transferred to the National Assembly for Wales in relation to those parts of Wales which are outside the catchment areas of the rivers Dee, Wye and Severn. In relation to those parts of Wales which are within those catchment areas, functions under section 92 are exercisable by the National Assembly for Wales concurrently with the Secretary of State. By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32) functions of the National Assembly for Wales under sections 92 and 219 now vest in the Welsh Ministers.

[^f00002]: S.I. 2021/77 (W. 20), amended by S.I. 2022/1305 (W. 262), S.I. 2023/466 (W. 70) and S.I. 2023/1070 (W. 182).

[^f00003]: e-mail: NotificationENMA@cyfoethnaturiolcymru.gov.uk

[^f00004]: S.I. 2023/1266 (W. 221).

[^f00005]: The scheme is administered by Basis Registration Ltd, and a list of qualified persons is available from them on request or at their website, www.basis-reg.com.

[^f00006]: e-mail: NotificationENMA@cyfoethnaturiolcymru.gov.uk