# The Nitrate Pollution Prevention (Wales) Regulations 2013

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Welsh Statutory Instruments

# 2013 No. 2506 (W. 245)

Agriculture, Wales

Water, Wales

# The Nitrate Pollution Prevention (Wales) Regulations 2013

Made

1 October 2013

Laid before the National Assembly for Wales

2 October 2013

Coming into force

25 October 2013

The Welsh Ministers are designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to matters relating to the protection of waters against pollution caused by nitrates from agricultural sources.                           In exercise of the powers conferred upon them by that section the Welsh Ministers make the following Regulations.                        

F1See S.I. 2001/2555 for the designation conferred upon the National Assembly for Wales. By virtue of section 59 of, and paragraph 28(1) of Schedule                              11 to, the Government of Wales Act 2006, that designation is now vested in the Welsh Ministers.

F21972 c. 68.

## **PART 1**E+WIntroduction

### TitleE+W

1.  The title of these Regulations is the Nitrate Pollution Prevention (Wales) Regulations 2013.                  

### ApplicationE+W

2.—(1) These Regulations apply in relation to Wales.                  

(2) Parts 3 to 8 only apply to a holding in a nitrate vulnerable zone designated as such by these Regulations.

(3) In the case of a holding which is partly in a nitrate vulnerable zone designated as such by these Regulations, Parts 3 to                     8 apply only in the part of the holding inside the zone, and a reference to a holding is a reference to that part.                  

### Coming into forceE+W

3.  These Regulations come into force on 25 October 2013.                  

### Transitional measures for holdings not previously in a nitrate-vulnerable zoneE+W

4.—[F3(1)] In a holding or part of a holding that was not situated within a nitrate vulnerable zone under the Nitrate Pollution Prevention                     (Wales) Regulations 2008 M1 but which is situated within an area designated as a nitrate vulnerable zone under these Regulations—                  

(a)regulations 12 to 22, regulation 23(2), regulations 24 and 25, 30 to 33 and regulations 36 to 46 do not apply until 1 January                        2014;                  

(b)regulation 23(1) does not apply until 1 January 2016; and                  

(c)regulations 26 to 29 and 34 and 35 do not apply until 1 August 2015.                  

[F4(2)In relation to a new holding—                  

(a)regulations 12 to 22, 23(3), 24, 25, 30 to 33 and 36 to 46 do not apply until the beginning of the second calendar year after                           the year in which the Welsh Ministers revise or add to the designation of nitrate vulnerable zones under regulation 11(3)                           so as to include the new holding;                  

(b)regulations 23(1) and (2), 26 to 29, 34 and 35 do not apply until 31 July in the third calendar year after the year in which                           the Welsh Ministers revise or add to the designation of nitrate vulnerable zones under regulation 11(3) so as to include the                           new holding.]                  

F3 Reg. 4(1): reg. 4 renumbered as reg. 4(1) (3.5.2019) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019 (S.I. 2019/863), regs. 1, **3(a)**

F4Reg. 4(2) inserted (3.5.2019) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019 (S.I. 2019/863), regs. 1, **3(b)**

Marginal Citations

M1S.I. 2008/3143 (W. 278).

### Meaning of “polluted water”E+W

5.  Water is polluted if—                  

(a)it is freshwater and contains a concentration of nitrates greater than 50 mg/l, or could do so if these Regulations were not                        to apply there, or                  

(b)it is eutrophic or may in the near future become eutrophic if these Regulations were not to apply there.                  

### InterpretationE+W

6.  In these Regulations—                  

“agricultural area” (“*ardal amaethyddol*”) means any agricultural land used for agricultural purposes;                  

“agriculture” (“*amaethyddiaeth*”) has the same meaning as in section 109(3) of the Agriculture Act 1947;                  

“crop with high nitrogen demand” (“*cnwd ï¿1⁄2 galw mawr am nitrogen*”) includes, but not limited to, grass, potatoes, sugar beer, maize, wheat, oilseed rape, barley, brassicas, rye and triticale;                  

[F5“derogated holding” (“*daliad a randdirymwyd*”) means a holding over which a derogation has effect;]                   

 “derogation” (“*rhanddirymiad*”) means a derogation granted under Part 3A from the limit of the total amount of nitrogen in livestock manure that can be                     applied to land each year in accordance with paragraph 2(b) of Annex III of Council Directive 91/676/EECF6...;                   

[F5“derogation application” (“*cais i randdirymu*”) means an application for a derogation;]                   

“eutrophic” (“*ewtroffig*”) means water that is enriched by nitrogen compounds, causing an accelerated growth of algae and higher forms of plant life                     that produces an undesirable disturbance to the balance of organisms present in the water and to the quality of the water                     concerned;                  

“fertilisation plan” (“*cynllun gwrteithio*”) means a plan prepared under regulation 14(1)(c) [F7or other similar plans required under Schedule 5];                  

“grass” (“*porfa*”) means—                  

permanent grassland or temporary grassland (temporary means for less than four years);

that exists between the sowing and ploughing of the grass; and

includes crops under-sown with grass,

but does not include grassland with 50% or more clover;

“grazing livestock” (“*da byw sy'n pori*”) means any animal specified in Table 1 in Schedule 1;                  

“holding” (“*daliad*”) means all the land located within a nitrate vulnerable zone and its associated buildings that are at the disposal of the                     occupier and which are used for the growing of crops in soil or rearing of livestock for agricultural purposes;                  

“land that has a low run-off risk” (“*tir y mae'r risg o oferu drosto yn isel*”) means land that:                  

has an average slope of less than 3ï¿1⁄2 (3 degrees);

does not have land drains (other than a sealed impermeable pipe); and

is at least 50 metres from a watercourse or conduit leading to a watercourse;

“livestock” (“*da byw*”) means any animal (including poultry) specified in Schedule 1;                  

“manufactured nitrogen fertiliser” (“*gwrtaith nitrogen a weithgynhyrchwyd*”) means any nitrogen fertiliser (other than organic manure) manufactured by an industrial process;                  

“manufactured phosphate fertiliser” (“*gwrtaith ffosffad a weithgynhyrchywd*”) means any phosphate feriliser (other than organic manure) manufactured by an industrial process;                  

[F8“new holding” (“*daliad newydd*”) means land and its associated buildings which become a holding as a result of the Welsh Ministers revising or adding to                        the designation of nitrate vulnerable zones following a review under regulation 11(3), and which were not a holding immediately                        before the date of that revision or addition;]                   

“nitrogen fertiliser” (“*gwrtaith nitrogen*”) means any substance containing one or more nitrogen compounds used on land to enhance growth of vegetation and includes                     organic manure;                  

“non-grazing livestock” (“*da byw nad ydynt yn pori*”) means any animal specified in Table 2 in Schedule 1;                  

“organic manure” (“*tail organig*”) means any nitrogen fertiliser or phosphate fertiliser derived from animal, plant or human sources and includes livestock                     manure;                  

“phosphate fertiliser” (“*gwrtaith ffosffad*”) means any substance containing one or more phosphorus compounds used on land to enhance growth of vegetation and includes                     organic manure;                  

“poultry” (“*dofednod*”) means poultry specified in Schedule 1;                  

“sandy soil” (“*pridd tywodlyd*”) means any soil over sandstone, and any other soil where—                  

in the layer up to 40 cm deep, there are—

more than 50 % by weight of particles from 0.06 to 2 mm in diameter,

less than 18 % by weight of particles less than 0.02 mm diameter, and

less than 5 % by weight of organic carbon, and

in the layer from 40 to 80 cm deep, there are—

more than 70 % by weight of particles from 0.06 to 2 mm in diameter;

less than 15 % by weight of particles less than 0.02 mm diameter;

less than 5 % by weight of organic carbon;

“shallow soil” (“*pridd tenau*”) is soil that is less than 40 cm deep;                  

“slurry” (“*slyri*”) means excreta produced by livestock (other than poultry) while in a yard or building (including any bedding, rainwater                     or washings mixed 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);                  

“spreading” (“*taenu*”) includes 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.                  

F5Words in reg. 6 inserted (8.1.2016) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015 (S.I. 2015/2020), regs. 1, **3(1)**

F6Words in reg. 6 omitted (17.12.2018) by virtue of The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), **13(2)**

F7Words in reg. 6 inserted (8.1.2016) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015 (S.I. 2015/2020), regs. 1, **3(2)**

F8Words in reg. 6 inserted (3.5.2019) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019 (S.I. 2019/863), regs. 1, **4**

## **PART 2**E+WDesignation of nitrate vulnerable zones

### Designation of nitrate vulnerable zonesE+W

7.—(1) In this Part—                  

“the appointed person” (“*y person penodedig*”) means a person appointed by the Welsh Ministers;                  

“relevant holding” (“*daliad perthnasol*”) means land and its associated buildings that are at the disposal of the occupier and which are used for the growing of                     crops in soil or rearing of livestock for agricultural purposes, and which are wholly or partly within an area which—                  

the Natural Resources Body for Wales recommends; and

in relation to which the Welsh Ministers are minded to accept that recommendation (with or without amendment), be, or continue                              to be, designated as a nitrate vulnerable zone for the purposes of these Regulations.                           

[F9(2)An area is designated as a nitrate vulnerable zone for the purposes of these Regulations if, as an area of land that drains                        into polluted waters and contributes to the pollution of those waters, it is marked as such a zone on a relevant map.                  

(3)For the purposes of this regulation—                  

(a)for the period beginning with 25 October 2013 and ending with the day on which the Welsh Ministers next revise or add to the                           designation of nitrate vulnerable zones under regulation 11(3), “map” means the map marked “Nitrate Vulnerable Zones Index                           Map 2013” and deposited at the offices of the Welsh Government at Cathays Park, Cardiff, CF10 3NQ;                  

(b)following any subsequent review under regulation 11(3), “map” means a map which is deposited at the offices of the Welsh Government                           at Cathays Park, Cardiff, CF10 3NQ and which—                  

(i)is marked “This map identifies those areas of Wales designated by the Welsh Ministers as a Nitrate Vulnerable Zone for the                           purposes of the Nitrate Pollution Prevention (Wales) Regulations 2013”; and                  

(ii)specifies the period to which it relates.]                  

(4) To assist the Welsh Ministers in relation to the duty to review under regulation 11(3), the Natural Resources Body for Wales                     must, on the date on which these Regulations come into force, and [F10before 1 January of every fourth year thereafter], make recommendations to the Welsh Ministers by reference to the matters mentioned in regulation 11(3)(a) to (c) as to which                     areas be designated, or continue to be designated, as nitrate vulnerable zones for the purposes of these Regulations.                  

(5) Any recommendations as to the matters stated at regulation 7(4) which have been made by the Natural Resources Body for Wales                     prior to the date on which these Regulations come into force have effect as if made on that date.                  

(6) The Welsh Ministers must publish the recommendations of the Natural Resources Body for Wales which they are minded to accept                     (with or without amendment) and send notice of the recommendations to any owner or occupier of a relevant holding.                  

(7) A notice must contain a reference to a page on a website maintained by the Natural Resources Body for Wales or the Welsh Ministers                     where the relevant recommendation (with any amendment the Welsh Ministers are minded to make to it) can be found.                  

F9Reg. 7(2)(3) substituted (3.5.2019) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019 (S.I. 2019/863), regs. 1, **5(a)**

F10Words in reg. 7(4) substituted (3.5.2019) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019 (S.I. 2019/863), regs. 1, **5(b)**

### AppealsE+W

8.—(1) The owner or occupier of a relevant holding who is sent a notice under regulation 7(6) may make an appeal against that notice                     to the Welsh Ministers.                  

(2) The appeal is to be made only on one or more of the grounds stated in paragraph (3).

(3) The grounds are that in relation to the relevant holding or any part of it, the recommendations of the Natural Resources Body                     for Wales (subject to any amendment the Welsh Ministers are minded to make to them) should not be accepted by the Welsh Ministers                     because the relevant holding or any part of it—                  

(a)does not drain into water which the Welsh Ministers are minded to identify, or continue to identify, as being polluted; or                  

(b)drains into water that the Welsh Ministers should not identify, or continue to identify, as being polluted.                  

(4) The appeal is to be based on either—

(a)data provided by the appellant; or                  

(b)evidence provided by the appellant that the data relied on by the Welsh Ministers is incorrect.                  

(5) The appeal must—

(a)be made in writing in the manner and form published by the Welsh Ministers;                  

(b)include details of all the evidence that the appellant intends to rely on; and                  

(c)be received by the Welsh Ministers no later than 35 days after the date on which the Welsh Ministers sent the notice to which                        the appeal relates.                  

(6) The Welsh Ministers must remit the appeal to the appointed person for consideration and determination.

### Proceedings before the appointed personE+W

9.—(1) If the appointed person is satisfied that a submitted appeal complies with the requirements of regulation 8 in all material                     particulars, the appointed person must proceed to determine the appeal.                  

(2) The procedure for determining the appeal is to be decided by the appointed person.

(3) But that is subject to the following provisions of this regulation.

(4) Before determining the appeal the appointed person must, allowing such time as is reasonable—

(a)invite the appellant and the Welsh Ministers to submit representations and supporting documents in relation to the appeal;                  

(b)send to the Welsh Ministers a copy of any representations and supporting documents submitted by the appellant;                  

(c)send to the appellant a copy of any representations and supporting documents submitted by the Welsh Ministers;                  

(d)allow the appellant and the Welsh Ministers an opportunity to submit comments on each other's representations and supporting                        documents to the appointed person.                  

(5) The appointed person may at any time request further information from the appellant or the Welsh Ministers.

(6) The appointed person may invite any person appearing to have a significant interest in an appeal to submit representations,                     but must allow the appellant and the Welsh Ministers an opportunity to submit comments on any representations made.                  

(7) The appointed person may disregard any representations, comments or documents which have been submitted other than in accordance                     with the provisions of these Regulations.                  

(8) The appointed person may, if satisfied that exceptional circumstances exist, convene an oral hearing.

(9) At an oral hearing the appellant and the Welsh Ministers have the right to appear, and the appointed person may permit any                     other party to appear.                  

(10) On determining an appeal, the appointed person must send a copy of the determination to all parties to the appeal.

(11) All parties to an appeal are to bear their own costs.

(12) An appeal may be withdrawn by the appellant at any time before it is determined by the appointed person.

(13) Withdrawal of an appeal is to be effected by the appellant giving notice in writing to the appointed person.

(14) If an appeal is withdrawn, the appointed person ceases to be under a duty to consider and determine it.

### Effect of a determination made by the appointed personE+W

10.—(1) The Welsh Ministers are bound by a determination of an appeal by the appointed person.                  

(2) The Welsh Ministers must publish on a website maintained by them all determinations of appeals by the appointed person.

### Review of nitrate vulnerable zonesE+W

11.—(1) The Welsh Ministers must keep under review the eutrophic state of fresh surface waters, estuarial and coastal waters.                  

(2) Before 1 January 2017, and [F11before 1 January of every fourth year thereafter], the Welsh Ministers must monitor the nitrate concentration in freshwaters over a period of one year—                  

(a)at sampling stations that are representative of surface water, at least monthly and more frequently during flood periods,                        and                  

(b)at sampling stations that are representative of groundwater, at regular intervals and taking into account the provisions of                        Council Directive 98/83/EC on the quality of water intended for human consumptionM2[F12, as last amended by Commission Directive (EU) 2015/1787],                   

except for those sampling stations where the nitrate concentration in all previous samples taken for this purpose has been                     below 25 mg/l and no new factor likely to increase the nitrate content has appeared, in which case the monitoring programme                     need be repeated only every eight years.                  

(3) At the end of each four year or eight year period at the latest the Welsh Ministers must—

(a)identify water that is or could be affected by pollution if the controls in these Regulations are not applied in that area,                        using the criteria in Annex I to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources M3;                  

(b)identify land that drains into those waters, or water similarly identified in England, and that contributes to the pollution                        of those waters;                  

(c)take into account changes and factors unforeseen at the time of the previous designation; and                  

(d)if necessary revise or add to the designation of nitrate vulnerable zones.                  

F11Words in reg. 11(2) substituted (3.5.2019) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019 (S.I. 2019/863), regs. 1, **6**

F12Words in reg. 11(2)(b) inserted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), **13(3)**

Marginal Citations

M2OJ No. L330, 5.12.1998, p.32.

M3OJ No. L375, 31.12.1991, p.1 as last amended by Regulation (EC) 1137/2008 (OJ No. L311, 21.11.2008, p.1).

## **PART 3**E+WLimiting the application of organic manure

### Application of livestock manure – total nitrogen limit for the whole holdingE+W

12.—(1) [F13Except where the occupier has been granted a derogation,] the occupier of a holding must ensure that, in any year beginning 1 January, the total amount of nitrogen in livestock manure                     applied to the holding, whether directly by an animal or by spreading, does not exceed 170 kg multiplied by the area of the holding in hectares.                  

(2) The amount of nitrogen produced by livestock must be calculated in accordance with Schedule 1.

(3) In calculating the area of the holding for the purposes of ascertaining the amount of nitrogen permitted 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.                  

F13Words in reg. 12(1) inserted (8.1.2016) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015 (S.I. 2015/2020), regs. 1, **4(1)**

### Spreading organic manure – nitrogen limits per hectareE+W

13.—(1) Subject to paragraph (2), the occupier of a holding must ensure that, in any twelve month period, the total amount of nitrogen                     in organic manure spread on any given hectare on the holding does not exceed 250 kg.                  

(2) The occupier of a holding must ensure that the total amount of nitrogen in organic manure exclusively in the form of certified                     compost applied to any given hectare on the holding does not exceed—                  

(i)1000 kg in any four year period if it is applied as mulch to orchard land; or                  

(ii)500 kg in any two year period if it is applied to any other land.                  

(3) For the purposes of paragraphs (1) and (2), the total amount of nitrogen in organic manure must be calculated by reference                     to the methods described in regulation 17 for establishing nitrogen content.                  

(4) In this regulation—

(a)“orchard land” (“*tir perllan*”) means land on which any fruit listed in Schedule 2 is grown.                  

(b)“certified compost” (“*compost ardystiedig*”) means green compost or green/food compost in relation to which the supplier confirms in writing that it meets the standards                        set out in the publication *PAS 100:2011* on composted materials dated January 2011 M4 and contains no livestock manure.                  

(c)The occupier must retain written confirmation that the organic manure complies with sub-paragraph (b).                  

Marginal Citations

M4Published by the British Standards Institution, 389 Chiswick High Road, London W5 5AL (www.bsigroup.com), ISBN 978-0-580-65307-0.

## [F14PART 3AE+WDerogation

F14Pt. 3A inserted (8.1.2016) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015 (S.I. 2015/2020), regs. 1, **5**

### Application for a derogationE+W

13A.—(1)An occupier of any holding or any person on the occupier’s behalf (“the applicant”) may apply to the Natural Resources Body                        for Wales for a derogation where 80% or more of the agricultural area is sown with grass.                  

(2)An application under this regulation must be accompanied by a written declaration that the occupier will meet the conditions                        set out in Schedule 5.                  

(3)A derogation application must be submitted by 31 December in the calendar year preceding that in respect of which the application                        is made.                  

(4)The Welsh Ministers must publish the manner and form in which the application must be made.                  

(5)The Natural Resources Body for Wales must grant or refuse a derogation application as soon as practicable and notify the applicant                        of the decision in writing and, where the Natural Resources Body for Wales refuses a derogation application, it must give                        reasons for the refusal at the same time.                  

(6)The Natural Resources Body for Wales must refuse a derogation application where it considers the granting of the derogation                        would have an adverse effect on the integrity of—                  

(a)a European site; or                  

(b)a European offshore marine site,                  

where those sites have been subject to an appropriate assessment under [F15regulation 63 of the Conservation of Habitats and Species Regulations 2017].                  

(7)Where the Natural Resources Body for Wales has refused to grant the derogation application, the applicant may appeal in accordance                        with the procedure set out in regulation 13B.                  

(8)The Natural Resources Body for Wales must (subject to paragraph (8)) refuse the application if the occupier has been found                        in breach of the derogation conditions during the calendar year preceding that to which the application relates.                  

(9)If the occupier is found in breach of the derogation conditions after the date of the application but before it has been determined                        (and before the calendar year to which the application relates), the Natural Resources Body for Wales may, taking into account                        the seriousness of the breach, grant or refuse the application.                  

(10)If the occupier is found in breach of the derogation conditions after the application has been granted (but before the calendar                        year to which the application relates), the Natural Resources Body for Wales may, taking into account the seriousness of the                        breach, revoke the derogation by sending written notice to the applicant before the calendar year for which the derogation                        was granted.                  

(11)Where the Natural Resources Body for Wales grants an application in a case within paragraph (8) or decides not to revoke a                        derogation in a case within paragraph (9), it must refuse the next application made under regulation 13A by or on behalf of                        the occupier.                  

(12)For the purposes of this regulation, a person is to be regarded as having been found in breach of the derogation conditions                        if—                  

(a)the person has been convicted of an offence under regulation 49 which arises from a breach of those conditions and either                           no further appeal may be made against the conviction or, where there was an appeal, it was decided against the person;                  

(b)the person has accepted a simple caution for such an offence.                  

(13)Where the Natural Resources Body for Wales has granted the derogation application, the holding to which the derogation applies                        must be designated by the Natural Resources Body for Wales as a derogated holding for the calendar year in respect of which                        the application was made.                  

(14)The occupier must keep a record of the derogation application and decision.                  

(15)In this regulation—                  

[F16(a)“European offshore marine site” has the meaning given in regulation 18 of the Conservation of Offshore Marine Habitats and                              Species Regulations 2017; and]                  

(b)“European site” has the meaning given by regulation 8 of [F17the Conservation of Habitats and Species Regulations 2017].                  

F15Words in reg. 13A(6)(b) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), **Sch. 6 para. 33(2)(a)**

F16Words in reg. 13A(15)(a) substituted (30.11.2017) by The Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013), reg. 1, **Sch. 4 para. 13(2)** (with regs. 3, 4(2))

F17Words in reg. 13A(15)(b) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), **Sch. 6 para. 33(3)(a)**

### Appeal against refusal of a derogation applicationE+W

13B.—(1)Where the Natural Resources Body for Wales has refused a derogation application, the applicant may by notice appeal against                        the refusal to an independent panel appointed by the Welsh Ministers for the purpose of these Regulations.                  

(2)An appeal under this regulation must be submitted before the end of 30 days beginning with the day after the date of the refusal.                  

(3)An appeal under this regulation must be made in the form and manner published by the Welsh Ministers.                  

(4)The panel appointed under this regulation must consist of an odd number of persons (and must consist of at least 3 persons).                  

(5)A decision of the panel is to be made by simple majority.                  

(6)The panel must base its decision on—                  

(a)documents submitted to it by the appellant;                  

(b)documents submitted to it by the Natural Resources Body for Wales; and                  

(c)such additional information from the appellant or the Natural Resources Body for Wales as it considers necessary.                  

(7)For the purposes of paragraph (6)(c), the panel may—                  

(a)request the appellant or the Natural Resources Body for Wales to provide the additional information; or                  

(b)in exceptional circumstances, convene an oral hearing at which the appellant and the Natural Resources Body for Wales may                           appear.                  

(8)If the panel allows an appeal under this regulation, the Natural Resources Body for Wales must designate the holding concerned                        as a derogated holding for the calendar year for which the application was made.                  

(9)Having determined an appeal under this regulation, the panel must—                  

(a)as soon as reasonably practicable, notify in writing the Natural Resources Body for Wales, the appellant and the Welsh Ministers                           of its determination; and                  

(b)where it refuses the appeal, give the reasons for its refusal.                  

(10)Each party to an appeal under this regulation must bear its own costs.                  

### Derogated holdingsE+W

13C.Schedule 5 has effect in relation to derogated holdings.]                  

## **PART 4**E+WCrop Requirements

### Planning the spreading of nitrogen fertiliserE+W

14.—(1) An occupier of a holding who intends to spread nitrogen fertiliser must—                  

(a)calculate the amount of nitrogen in the soil that is likely to be available for uptake by the crop during the growing season                        (“the soil nitrogen supply”);                  

(b)calculate the optimum amount of nitrogen that should be spread on the crop, taking into account the amount of nitrogen available                        from the soil nitrogen supply; and                  

(c)produce a plan for the spreading of nitrogen fertiliser for that growing season.                  

(2) In the case of any crop other than permanent grassland, the occupier must do this before spreading any nitrogen fertiliser                     for the first time for the purpose of fertilising a crop planted or intended to be planted.                  

(3) In the case of permanent grassland the occupier must do this each year beginning 1 January before the first spreading of nitrogen                     fertiliser.                  

(4) The plan must be in permanent form.

(5) The plan must record—

(a)the reference or name of the relevant field;                  

(b)the area of the field planted or intended to be planted; and                  

(c)the type of crop.                  

(6) For the area planted or intended to be planted the plan must record—

(a)the soil type;                  

(b)the previous crop (if the previous crop was grass, whether it was managed by cutting or grazing);                  

(c)the soil nitrogen supply calculated in accordance with paragraph (1) and the method used to establish this figure;                  

(d)the anticipated month that the crop will be planted;                  

(e)the anticipated yield (if arable); and                  

(f)the optimum amount of nitrogen that should be spread on the crop, taking into account the amount of nitrogen available from                        the soil nitrogen supply.                  

### Additional information to be recorded during the yearE+W

15.—(1) Before spreading organic manure, the occupier must on each occasion calculate the amount of nitrogen from that manure that                     is likely to be available for crop uptake in the growing season in which it is spread.                  

(2) The occupier must, before spreading, record—

(a)the area on which the organic manure will be spread;                  

(b)the quantity of organic manure to be spread;                  

(c)the planned date for spreading (month);                  

(d)the type of organic manure;                  

(e)the total nitrogen content; and                  

(f)the amount of nitrogen likely to be available from the organic manure intended to be spread for crop uptake in the growing                        season in which it is spread.                  

(3) Before spreading nitrogen fertiliser, the occupier must record—

(a)the amount required; and                  

(b)the planned date for spreading (month).                  

### Total nitrogen spread on a holdingE+W

16.—(1) Until 31 December 2013, irrespective of the figure in the plan, an occupier must ensure that the total amount of—                  

(a)nitrogen from manufactured nitrogen fertiliser, and                  

(b)nitrogen available for crop uptake from livestock manure in the growing season in which it is spread calculated in accordance                        with regulation 17,                  

does not in any twelve month period exceed the limits set out in regulation 18.

(2) On or after 1 January 2014, irrespective of the figure in the plan, an occupier must ensure that the total amount of—

(a)nitrogen from manufactured nitrogen fertiliser, and                  

(b)nitrogen available for crop uptake from organic manure, in the growing season in which it is spread calculated in accordance                        with regulation 17,                  

does not in any twelve month period exceed the limits set out in regulation 18.

### Calculating the amount of nitrogen available for crop uptake from organic manureE+W

17.—(1) The occupier must establish the total amount of nitrogen in livestock manure, for the purposes of regulation 16, by—                  

(a)using the table in Part 1 of Schedule 3; or                  

(b)sampling and analysis in accordance with Part 2 of Schedule 3.                  

(2) Once the total amount of nitrogen in the livestock manure has been determined, the following percentages are assumed in order                     to establish the amount of nitrogen in the livestock manure that is available for crop uptake in the growing season in which                     it is spread;                  

#### Available percentage

(3) In relation to all other organic manure, the occupier must establish the total amount of nitrogen available for crop uptake                     in the growing season in which it is spread, for the purposes of regulation 16—                  

(a)by reference to technical analyses provided by the supplier;                  

(b)to the extent that such information is unavailable, by reference to the values given in the Fertiliser Manual (RB 209) (8th Edition) M5 (referred to therein as “nitrogen available to the next crop”); or                  

(c)by sampling and analysis in accordance with Part 2 of Schedule 3.                  

Marginal Citations

M5The Fertiliser Manual (RB209), 8th edition, is published by TSO, June 2010, ISBN 978-0-11-243286-9.

### Maximum nitrogen limits by cropE+W

18.—(1) The total amount of nitrogen permitted to be spread on any crop listed in the first column below is the figure given in the                     second column below, adjusted in accordance with the notes to the table and multiplied by the total area in hectares of that                     crop sown on the holding.                  

#### Maximum nitrogen

## **PART 5**E+WControlling the spreading of nitrogen fertiliser

### Risk mapsE+W

19.—(1) An occupier of a holding who spreads organic manure on that holding must maintain a map of the holding (“a risk map”) in accordance                     with this regulation.                  

(2) If circumstances change the occupier must update the risk map within three months of the change.

(3) The risk map must show—

(a)each field, with its area in hectares;                  

(b)all surface waters;                  

(c)any boreholes, springs or wells on the holding or within 50 metres of the holding boundary;                  

(d)areas with sandy or shallow soils;                  

(e)land with an incline greater than 12ï¿1⁄2;                  

(f)land within 10 metres of surface waters;                  

(g)land within 50 metres of a borehole, spring or well;                  

(h)land drains (other than a sealed impermeable pipe);                  

(i)sites suitable for temporary field heaps if this method of storing manure is to be used; and                  

(j)land that has a low run-off risk (this is optional for an occupier who does not intend to spread manure on low run-off risk                        land during the storage period in accordance with regulation 35).                  

(4) If an occupier spreads organic manure by using precision spreading equipment up to 6 metres from surface water as permitted                     by regulation 22(1) the risk map must identify land within 6 metres of surface waters.                  

(5) The occupier must keep a copy of the risk map.

### When to spread fertiliserE+W

20.—(1) An occupier who intends to spread nitrogen fertiliser must first undertake a field inspection to consider the risk of nitrogen                     getting into surface water.                  

(2) No person may spread nitrogen fertiliser on that land if there is a significant risk of nitrogen getting into surface water,                     taking into account in particular—                  

(a)the slope of the land, particularly if the slope is more than 12ï¿1⁄2;                  

(b)any ground cover;                  

(c)the proximity to surface water;                  

(d)the weather conditions;                  

(e)the soil type; and                  

(f)the presence of land drains.                  

(3) No person may spread nitrogen fertiliser if the soil is waterlogged, flooded or snow covered, or has been frozen for more                     than 12 hours in the previous 24 hours.                  

### Spreading manufactured nitrogen fertiliser near surface waterE+W

21.  No person may spread manufactured nitrogen fertiliser within 2 metres of surface water.                  

### Spreading organic manure near surface water, boreholes, springs or wellsE+W

22.—(1) 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.                  

(2) 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 M6; or                  

(ii)subject to an agri-environment commitment entered into under Council Regulation (EC) 1698/2005 (on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) M7)[F18, or Regulation (EU) 1305/2013];                  

(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.                  

(3) No person may spread organic manure within 50 metres of a borehole, spring or well.

(4) For the purposes of this regulation “precision spreading equipment” (“*cyfarpar taenu manwl*”) is defined as a trailing shoe, dribble bar or injector system.                  

F18Words in reg. 22(2)(a)(ii) inserted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), **13(4)**

Marginal Citations

M61981 c. 69.

M7OJ No. L277, 21.10.2005, p.1.

### Controlling how nitrogen fertiliser is spreadE+W

23.—(1) Subject to paragraph (2), any person spreading slurry must use spreading equipment with a low spreading trajectory, that is,                     below 4 metres from the ground.                  

(2) Spreading equipment with a spreading trajectory of more than 4 metres from the ground can be used on land that has a low run                     off risk where such equipment can achieve an average slurry application rate of not more than 2 millimetres per hour when                     it is operating continuously.                  

(3) Any person spreading nitrogen fertiliser must do so in as accurate a manner as possible.

### Incorporating organic manure into the groundE+W

24.—(1) Any person who applies organic manure onto the surface of bare soil or stubble (other than soil that has been sown) must ensure                     that it is incorporated into the soil in accordance with this regulation.                  

(2) Poultry manure must be incorporated as soon as practicable, and within 24 hours at the latest.

(3) Slurry and liquid digested sewage sludge (that is, liquid from the treatment of sewage sludge by anaerobic digestion) must                     be incorporated as soon as practicable, and within 24 hours at the latest, unless it was applied using equipment of a type                     described in regulation 22(4).                  

(4) Any other organic manure (other than organic manure spread as a mulch on sandy soil) must be incorporated into the soil as                     soon as practicable, and within 24 hours at the latest, if the land is within 50 metres of surface water and slopes in such                     a way that there may be run-off to that water.                  

## **PART 6**E+WClosed periods for spreading nitrogen fertiliser

### Meaning of “organic manure with high readily available nitrogen”E+W

25.  In this Part “organic manure with high readily available nitrogen” (“*tail organig sydd ï¿1⁄2 chyfran uchel o nitrogen ar gael yn rhwydd*”) means organic manure in which more than 30 % of the total nitrogen content is available to the crop at the time of spreading.                  

### Closed periods for spreading organic manure with high readily available nitrogenE+W

26.  Subject to regulations 27 and 28, no person may spread organic manure with high readily available nitrogen on land between                     the following dates, all inclusive (“the closed period”)—                  

#### The closed period

### Exemptions: crops sown before 15 SeptemberE+W

27.  Spreading organic manure with high readily available nitrogen on tillage land with sandy or shallow soil is permitted between                     1 August and 15 September inclusive provided that the crop is sown on or before 15 September.                  

### Exemptions for organic holdingsE+W

28.  An occupier of a holding registered as an organic producer with a body registered with the Advisory Committee on Organic Standards                     M8 may spread organic manure with high readily available nitrogen at any time on—                  

(a)crops listed in the table in Schedule 4 (permitted crops for the closed period), or                  

(b)other crops in accordance with written advice from a person who is a member of the Fertiliser Advisers Certification and Training                        Scheme M9,                  

provided that each hectare on which organic manure is spread does not receive more than 150 kg total nitrogen between the                     start of the closed period and the end of February.                  

Marginal Citations

M8The Advisory Committee on Organic Standards is a non-executive, non departmental public body that approves organic inspection                              bodies.

M9The 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.

### Restrictions following the closed periodE+W

29.  From the end of the closed period until the end of February—                  

(a)the maximum amount of slurry that may be spread at any one time is 30 cubic metres per hectare and the maximum amount of poultry                        manure that may be spread at any one time is 8 tonnes per hectare; and                  

(b)there must be at least three weeks between each spreading.                  

### Times in which spreading manufactured nitrogen fertiliser is prohibitedE+W

30.—(1) No person may spread manufactured nitrogen fertiliser on land during the following periods (all dates inclusive)—                  

(a)in the case of grassland, from 15 September to 15 January, or                  

(b)in the case of tillage land, from 1 September to 15 January.                  

(2) Spreading fertiliser during these periods is permitted on the crops specified in the Table in Schedule 4, provided that the                     maximum rate in column 2 is not exceeded.                  

(3) Spreading during those periods on crops not in Schedule 4 is permitted on the basis of written advice from a person who is                     a member of the Fertiliser Advisers Certification and Training Scheme.                  

## **PART 7**E+WStorage of Organic Manure

### Storage of organic manureE+W

31.  An occupier of a holding who stores any organic manure (other than slurry), or any bedding contaminated with any organic manure,                     must store it—                  

(a)in a vessel;                  

(b)in a covered building;                  

(c)on an impermeable surface; or                  

(d)in the case of solid manure that can be stacked in a free standing heap and that does not drain liquid from the material,                        on a temporary field site.                  

### Temporary field sitesE+W

32.—(1) A temporary field site must not be—                  

(a)in a field liable to flooding or becoming waterlogged;                  

(b)within 50m of a spring, well or borehole or within 10m of surface water or a land drain (other than a sealed impermeable pipe);                  

(c)located in any single position for more than 12 consecutive months; or                  

(d)located in the same place as an earlier one constructed within the last two years.                  

(2) Solid poultry manure that does not have bedding mixed into it and is stored on a temporary field site must be covered with                     an impermeable material.                  

### Further requirements applicable to temporary field sites from 1 January 2014E+W

33.  Further to regulation 32, from 1 January 2014—                  

(a)topsoil must not be removed from the ground upon which a temporary field site is to be constructed;                  

(b)a temporary field site must not be located within 30m of a watercourse on land identified on the risk map as having an incline                        of greater than 12ï¿1⁄2; and                  

(c)the surface area of a temporary field site should be as small as reasonably practicable to minimise the leaching effect of                        rainfall.                  

### Separation of slurryE+W

34.  Separation of slurry into its solid and liquid fractions must either be carried out mechanically or on an impermeable surface                     where the liquid fraction drains into a suitable receptacle.                  

### Storage capacityE+W

35.—(1) An occupier of a holding who keeps any of the animals specified in Schedule 1 must provide sufficient storage for all slurry                     produced on the holding during the storage period, and all poultry manure produced in a yard or building on the holding during                     the storage period.                  

(2) The volume of the manure produced by the animals on the holding must be calculated in accordance with Schedule 1.

(3) A slurry store must have the capacity to store, in addition to the manure, any rainfall, washings or other liquid that enters                     the vessel (either directly or indirectly) during the storage period.                  

(4) Storage facilities are not necessary for slurry or poultry manure—

(a)sent off the holding; or                  

(b)spread on land that has a low run-off risk (provided that this is done in accordance with the restrictions on spreading in                        these Regulations); but in this case storage facilities for an additional one week's manure must be provided as a contingency                        measure in the event of spreading not being possible on some dates.                  

(5) For the purposes of this regulation the “storage period” (“*cyfnod storio*”) (all dates inclusive) is—                  

(a)the period between 1 October and 1 April for pigs and poultry;                  

(b)the period between 1 October and 1 March in any other case.                  

## **PART 8**E+WCalculations and records

### Recording the size of the holdingE+W

36.—(1) The occupier of a holding must maintain a record of the total size of the holding calculated in accordance with regulation                     12(3).                  

(2) If the size of the holding changes this record must be updated within one month.

[F19(3)The occupier of a new holding must record the total size of the holding calculated in accordance with regulation 12(3).]                  

F19Reg. 36(3) inserted (3.5.2019) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019 (S.I. 2019/863), regs. 1, **7**

### Records relating to storage of manure during the storage periodE+W

37.—(1) The occupier of a holding with livestock must maintain a record—                  

(a)of the amount of manure that will be produced by the anticipated number of animals that will be kept in a building or on hardstanding                        during the storage period referred to regulation 35, using the figures in Schedule 1;                  

(b)the amount of storage capacity (slurry vessels and hardstanding) required to enable compliance with regulation 35, 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 liquid other than slurry likely to enter the vessel;                  

(c)the current capacity for storage on the holding.                  

(2) An occupier who introduces animals on to a holding for the first time must comply with paragraph (1) within one month of the                     introduction of the animals.                  

(3) If the amount of storage capacity changes the occupier must record the change within one week.

[F20(4)The occupier of a new holding must calculate and record the matters listed in paragraph (1) (a) to (c).]                  

F20Reg. 37(4) inserted (3.5.2019) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019 (S.I. 2019/863), regs. 1, **8**

### Annual records relating to storageE+W

38.—(1) Before 30 April each year the occupier of a holding with livestock must record, for the previous storage period referred to                     in regulation 35 the number and category of animals in a building or on a hardstanding during the storage period.                  

(2) The occupier must also record the sites used for field heaps and the dates of use.

### Record of nitrogen produced by animals on the holdingE+W

39.—(1) Before 30 April every year the occupier must make a record of—                  

(a)the number and category (in accordance with the categories in Schedule 1) of animals on the holding during the previous calendar                        year, and                  

(b)the number of days that each animal spent on the holding.                  

(2) The occupier must then calculate the amount of nitrogen in the manure produced by the animals on the holding during that year                     using the Table in Schedule 1.                  

(3) Alternatively, in the case of permanently housed pigs or poultry, the occupier may use—

(a)software approved by the Welsh Ministers; or                  

(b)in the case of a system of keeping livestock that only produces solid manure, sampling and analysis in accordance with Part                        2 of Schedule 3.                  

(4) The occupier must make a record of the calculations and how the final figures were arrived at.

(5) An occupier who used software approved by the Welsh Ministers must keep a printout of the result.

### Livestock manure brought on to or sent off the holdingE+W

40.—(1) Subject to paragraph (3), an occupier who brings livestock manure on to a holding must, within one week record—                  

(a)the type and amount of livestock manure;                  

(b)the date it is brought on to the holding;                  

(c)the nitrogen content; and                  

(d)if known the name and address of the supplier.                  

(2) An occupier who sends livestock manure off a holding must within one week record—

(a)the type and amount of livestock manure;                  

(b)the date it is sent off the holding;                  

(c)the nitrogen content;                  

(d)the name and address of the recipient; and                  

(e)details of a contingency plan to be used in the event that an agreement for a person to accept the livestock manure fails.                  

(3) If the nitrogen content of the livestock manure brought on to a holding is not known, the occupier must ascertain it, as soon                     as is reasonably practicable after arrival, and record it within one week of ascertaining it.                  

(4) All nitrogen content of the livestock manure must be ascertained using either the standard figures in Part 1 of Schedule 3                     or by sampling and analysis as set out in Part 2 of that Schedule.                  

### Sampling and analysisE+W

41.  Any person using sampling and analysis to determine nitrogen content in organic manure must keep the original report from                     the laboratory.                  

### Records of crops sownE+W

42.  An occupier who intends to spread nitrogen fertiliser must record within one week of sowing a crop—                  

(a)the crop sown; and                  

(b)the date of sowing.                  

### Records of spreading nitrogen fertiliserE+W

43.—(1) Subject to paragraph (3) below, within one week of spreading organic manure the occupier must record—                  

(a)the area on which organic manure is spread;                  

(b)the quantity of organic manure spread;                  

(c)the date or dates;                  

(d)the methods of spreading;                  

(e)the type of organic manure;                  

(f)the total nitrogen content;                  

(g)the amount of nitrogen that was available to the crop.                  

(2) Subject to paragraph (3) below, within one week of spreading manufactured nitrogen fertiliser the occupier must record—

(a)the date of spreading; and                  

(b)the amount of nitrogen spread.                  

(3) Paragraphs (1) and (2) do not apply to the occupier of a holding in any calendar year in which 80% of the agricultural area                     of a holding is sown with grass, and—                  

(a)the total amount of nitrogen in organic manure applied to the holding, whether directly by animal or a result of spreading,                        is no more than 100 kg per hectare;                  

(b)the total amount of nitrogen in manufactured nitrogen fertiliser applied to the holding is no more than 90 kg per hectare;                        and                  

(c)the occupier does not bring any organic manure onto the holding.                  

### Subsequent recordsE+W

44.—(1) An occupier who has used nitrogen fertiliser must record the yield achieved by an arable crop within one week of ascertaining                     it.                  

(2) Before 30 April each year an occupier must record how any grassland was managed in the previous calendar year.

### Keeping of adviceE+W

45.  An occupier must keep a copy of any advice from a person who is a member of the Fertiliser Advisers Certification and Training                     Scheme that is relied on for any purpose under these Regulations for five years.                  

### Duration of recordsE+W

46.  Any person required to make a record under these Regulations must keep it for five years.                  

## **PART 9**E+WReview

### Monitoring and reviewE+W

47.—(1) At least every four years the Welsh Ministers must review the effectiveness of the restrictions in nitrate vulnerable zones                     imposed by these Regulations as a means of reducing or preventing water pollution caused by nitrates from agricultural sources                     and if necessary revise them.                  

(2) In order to do this the Welsh Ministers must establish a monitoring programme to assess the effectiveness of the restrictions                     in these Regulations.                  

(3) When carrying out this review the Welsh Ministers must take into account—

(a)available scientific and technical data, particularly with reference to respective nitrogen contributions originating from                        agricultural and other sources; and                  

(b)regional environmental conditions.                  

### Public participationE+W

48.—(1) When carrying out this review the Welsh Ministers must ensure that the public is given early and effective opportunities to                     participate.                  

(2) The Welsh Ministers must make adequate arrangements for public participation to enable the public to prepare and participate                     effectively.                  

(3) The Welsh Ministers must ensure that—

(a)the public is consulted about any proposals and that relevant information about such proposals is made available to the public,                        including information about the right to participate in decision-making and about the body to which comments or questions                        may be submitted; and                  

(b)the public is entitled to express comments and opinions when all options are open before decisions on the plans and programmes                        are made.                  

(4) The Welsh Ministers must identify the members of the public entitled to be consulted, including non-governmental organisations                     promoting environmental protection.                  

(5) Reasonable time must be allowed for consultation.

(6) Consultation must be taken into account in reaching a decision.

(7) Following consultation the Welsh Ministers must inform the public about the decisions taken and the reasons and considerations                     upon which those decisions are based, including information about the public participation process.                  

## **PART 10**E+WEnforcement

### Offences and penaltiesE+W

49.—(1) Any person who breaches any provision of these Regulations is guilty of an offence and liable—                  

(a)on summary conviction, to a fine not exceeding the statutory maximum, or                  

(b)on conviction on indictment, to a fine.                  

(2) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed                     with the consent or connivance of, or to have been attributable to any neglect on the part of—                  

(a)any director, manager, secretary or other similar person of the body corporate, or                  

(b)any person who was purporting to act in any such capacity,                  

that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(3) For the purposes of this regulation, “director” (“*cyfarwyddwr*”), in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.                  

### EnforcementE+W

50.  These Regulations are enforced by the Natural Resources Body for Wales.                  

### RevocationsE+W

51.  The Nitrate Pollution Prevention (Wales) Regulations 2008 M10 are revoked.                  

Marginal Citations

M10S.I. 2008/3143 (W.278).

Alun Davies

 Minister for Natural Resources and Food, one of the Welsh Ministers

 Regulations 6 and 39

## SCHEDULE 1E+WAmount of manure, nitrogen and phosphate produced by grazing livestock and non-grazing livestock

### Table 1

### Grazing livestock

### Table 2

### Non-grazing livestock

 Regulation 13

## SCHEDULE 2E+WFruit Species

 Regulations 17, 39 and 40

## SCHEDULE 3E+WCalculating nitrogen in organic manure

### **PART 1**E+WStandard table

#### Total amount of nitrogen in livestock manure

### **PART 2**E+WSampling and analysis of organic manure

#### Slurry and other liquid and semi-liquid organic manureE+W

1.—(1) In relation to slurry and other liquid and semi-liquid organic manure, at least five samples, each of 2 litres, must be taken.                  

(2) Subject to sub-paragraph (3), the five samples must be taken from a vessel, and—

(a)if reasonably practicable, the slurry must be thoroughly mixed before the samples are taken, and                  

(b)each sample must be taken from a different location.                  

(3) If a tanker used for spreading is fitted with a suitable valve, the samples may be taken while spreading, and each sample                     must be taken at intervals during the spreading.                  

(4) Whether taken as described in sub-paragraph (2) or (3), the five samples must be poured into a larger container, stirred thoroughly                     and a 2 litre sample must be taken from that container and poured into a smaller clean container.                  

(5) The 2 litre sample produced in accordance with sub-paragraph (4) must then be sent for analysis.

#### Solid manuresE+W

2.—(1) In relation to solid manures, the samples must be taken from a manure heap.                  

(2) At least ten samples of 1kg each must be taken, each from a different location in a heap.

(3) Each sub-sample must be taken at least 0.5 metres from the surface of the heap.

(4) If samples are being collected to calculate compliance with the whole farm limit for pigs and poultry, four samples for analysis                     must be taken in a calendar year (one taken in each quarter) from manure heaps not more than twelve months old.                  

(5) The sub-samples must be placed on a clean, dry tray or sheet.

(6) Any lumps must be broken up and the sub-samples must be thoroughly mixed together.

(7) A representative sample of at least 2kg must then be sent for analysis.

 Regulations 28 and 30

## SCHEDULE 4E+WPermitted crops for the closed period

Regulation 13C

## [F21SCHEDULE 5E+WDerogated holdings

F21Sch. 5 inserted (8.1.2016) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015 (S.I. 2015/2020), regs. 1, 6, **Sch.**

1.The following additional requirements apply to derogated holdings.E+W

### IntroductoryE+W

2.In this Schedule “the occupier” means the occupier of a derogated holding.                  

### Derogation from the measures governing the limit on application of livestock manureE+W

3.An occupier of a derogated holding must ensure that in any calendar year for which the derogation has been granted—                  

where—                     
            -  *A* is the area of the derogated holding (hectares), as existing on 1 January for that calendar year;                            
            -  *Ngl* is the total amount of nitrogen (kilogrammes) in livestock manure from grazing livestock, whether applied directly by an                                 animal or by spreading;                            
            -  *Nngl* is the total amount of nitrogen (kilogrammes) in livestock manure from non-grazing livestock, whether applied directly by                                 an animal or by spreading.                            

### Planning the spreading of phosphate fertiliserE+W

4.—(1)In addition to the production of nitrogen spreading plans under regulation 14 (planning the spreading of nitrogen fertiliser)                        the occupier must—                  

(a)assess the amount of phosphorus in the soil that is likely to be available for uptake by the crop during the growing season                           (“the soil phosphorus supply”);                  

(b)calculate the optimum amount of phosphate fertiliser that should be spread on the crop, taking into account the amount of                           phosphorus available from the soil phosphorus supply; and                  

(c)produce a plan for the spreading of phosphate fertiliser for that growing season.                  

(2)The occupier must do this—                  

(a)in the case of any crop other than permanent grassland, before spreading any phosphate fertiliser for the first time for the                           purpose of fertilising a crop planted or intended to be planted; and                  

(b)in the case of permanent grassland, each year beginning on 1 January before the spreading of phosphate fertiliser.                  

### Other requirements for fertilisation plansE+W

5.—(1)The fertilisation plan for the derogated holding must—                  

(a)include a sketch plan indicating the location of the fields to which the plan relates; and                  

(b)clearly state in relation to any field referred to in the plan the nature of the fertilizer to be used.                  

(2)The fertilisation plan must record—                  

(a)the soil phosphorus supply and the method used to establish this figure;                  

(b)the optimum amount of phosphate fertiliser that should be spread on the crop, taking into account the amount of phosphorus                           from the soil phosphorus supply;                  

(c)the amount of nitrogen likely to be available for uptake by the crop from any organic manure intended to be spread for crop                           uptake in the growing season during the calendar year in which it is spread;                  

(d)the amount of phosphate likely to be supplied to meet the requirement of the crop from any organic manure spread or intended                           to be spread during the calendar year;                  

(e)the amount of manufactured nitrogen fertiliser required (that is, the optimum amount of nitrogen required by the crop less                           the amount of nitrogen that will be available for crop uptake from any organic manure spread during that calendar year); and                  

(f)the amount of manufactured phosphate fertiliser required (that is, the optimum amount of phosphate required by the crop less                           the amount of phosphate supplied for crop uptake from any organic manure spread for the purpose of fertilising the crop during                           that calendar year).                  

### Soil sampling and analysisE+W

6.—(1)At least every four years the occupier must undertake soil sampling and analysis for the supply of phosphorus of at least                        every five hectares of the agricultural area of the derogated holding under the same cropping regime and soil type.                  

(2)An occupier may rely on the results of previous phosphorus soil sampling and analysis of the agricultural area of the derogated                        holding under the same cropping regime and soil type for the purposes of sub-paragraph (1), provided such sampling and analysis                        was carried out within four years before the derogation.                  

(3)Where phosphorus soil sampling and analysis of the agricultural area of the derogated holding under the same cropping regime                        and soil type has not been carried out within four years before the grant of the derogation, such sampling and analysis must                        be carried out as follows—                  

(a)75% of the agricultural area no later than 12 months after the grant of the derogation; and                  

(b)100% of the agricultural area no later than 12 months after the date on which the derogation is next granted to the occupier.                  

### Additional information to be recorded during the yearE+W

7.—(1)In addition to the information to be recorded under regulation 15 (additional information to be recorded during the year)                        the occupier must, before spreading organic manure, record—                  

(a)the total phosphate content of the organic manure; and                  

(b)the amount of phosphate likely to be supplied from the organic manure intended to be spread for the purpose of fertilising                           the crop in the growing season in which it is spread.                  

(2)In addition to the requirements of sub-paragraph (1) the occupier must, before spreading manufactured phosphate fertiliser,                        record—                  

(a)the amount required (that is, the optimum amount of phosphate required by the crop less the amount of phosphate that will                           be supplied for crop uptake from any organic manure spread); and                  

(b)the planned date for spreading (month).                  

### Risk mapsE+W

8.—(1)In addition to the requirements under regulation 19 (risk maps), the risk map must—                  

(a)show each field marked with a reference number or number to enable cross reference to fields recorded in fertilisation plans;                  

(b)correspond with the agricultural area of the derogated holding; and                  

(c)be completed by 1 March in the calendar year to which the derogation applies.                  

(2)Where a change in circumstances affects a matter referred to in paragraph (1), the occupier must update the map within one                        month of the change.                  

### Maintaining the derogated holding as a grassland holdingE+W

9.The occupier must maintain the holding to ensure at least 80% of the agricultural area is sown with grass during the calendar                        year to which the derogation applies.                  

### Closed period for ploughing grass on the derogated holdingE+W

10.No person shall—                  

(a)plough temporary grassland on sandy soils between 1 July and 31 December;                  

(b)plough grass on sandy soils before 16 January where livestock manure has been spread on that grass between 1 September and                           31 December in the previous calendar year; and                  

(c)plough grass on soils that are not sandy soils before 16 January where livestock manure has been spread on that grass between                           15 October in the previous calendar year and 15 January.                  

### Sowing of crops following grass on the derogated holdingE+W

11.Where any grass on the derogated holding is ploughed, the land must be—                  

(a)sown with a crop with high nitrogen demand within four weeks beginning on the day after the date of ploughing grass; or                  

(b)sown with grass within six weeks beginning on the day after the date of ploughing grass.                  

### Crop rotation on the derogated holdingE+W

12.Crop rotation on the derogated holding must not include leguminous or other plants fixing atmospheric nitrogen except for                        grass with less than 50% clover, or any other leguminous plants that are under-sown with grass.                  

### Recording the size of the derogated holdingE+W

13.—(1)An occupier must record the total agricultural area and the area of grass within the derogated holding by 1 March in the calendar                        year to which the derogation applies.                  

(2)If the size of the derogated holding or area of grass within it changes the occupier must update the record within one month                        beginning on the day after the change.                  

### Records relating to storage of manure during the storage periodE+W

14.In addition to the requirements of regulation 37 (records relating to storage of manure during the storage period) 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 1 March in the calendar year to which the derogation applies.                  

### Record of nitrogen and phosphate produced by animalsE+W

15.—(1)The occupier must make a record of the expected number and category (in accordance with the categories in Tables 1 and 2 in                        Schedule 1) of livestock to be kept on the derogated holding during the calendar year to which the derogation relates.                  

(2)Following the record making requirements in sub-paragraph (1), the occupier must then calculate and record the amount of nitrogen                        and phosphate in manure expected to be produced by the livestock on the holding during that year using Tables 1 and 2 in Schedule                        1.                  

(3)The records to be made in accordance with sub-paragraphs (1) and (2) must be made before 1 March for the calendar year concerned.                  

### Livestock manure intended to be brought on to or sent off the derogated holdingE+W

16.—(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)assess and record the amount of nitrogen in the livestock manure recorded under sub-paragraph (1)(a) in accordance with regulation                           39(4) and Parts 1 and 2 of Schedule 3.                  

(2)The records to be made under sub-paragraph (1) must be made by 1 March for the calendar year to which the derogation relates.                  

### Records of crops sownE+W

17.In addition to the requirements of regulation 42 (records of crops sown) an occupier who intends to spread phosphate fertiliser                        must, within one week of sowing a crop record—                  

(a)the crop sown; and                  

(b)the date of sowing.                  

### Records of spreading phosphate fertiliserE+W

18.In addition to the requirements of regulation 43 (records of spreading nitrogen fertiliser), an 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 ploughingE+W

19.In addition to the requirements of regulation 44 (subsequent records) an occupier must record within one week of ploughing                        on the derogated holding, the date of that ploughing.                  

### Fertilisation accountsE+W

20.—(1)An occupier, or any person on behalf of the occupier, must submit fertilisation accounts for the calendar year to the Natural                        Resources Body for Wales by 30 April of the following year.                  

(2)The Natural Resources Body for Wales must publish the manner and form in which the fertilisation account must be made.                  

(3)The fertilisation account must record—                  

(a)the total agricultural area of the derogated holding;                  

(b)the area of the derogated holding covered by—                  

(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 and category of animals kept on the derogated holding during the previous calendar year in accordance with the                           categories described in Tables 1 and 2 in Schedule 1;                  

(d)the amount of nitrogen and phosphate in the manure produced by the animals on the derogated holding during the previous calendar                           year using Tables 1 and 2 in Schedule 1;                  

(e)the amount, type and characteristics of livestock manure brought on to or sent off the derogated holding during the calendar                           year to which the derogation relates;                  

(f)the amount of nitrogen and phosphate in the manure recorded under sub-paragraph (3)(e) calculated in accordance with paragraph                           14(2);                  

(g)the weight (tonnes) and nitrogen content of all manufactured nitrogen fertiliser stocks kept on the derogated holding between                           1 January and 31 December in the calendar year to which the derogation relates; and                  

(h)the weight (tonnes) and nitrogen content of all manufactured nitrogen fertiliser brought on to and sent off the derogated                           holding between 1 January and 31 December in the calendar year to which the derogation relates.]                  

## Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Nitrate Pollution Prevention (Wales) Regulations 2008 which controlled the application                        of nitrogen fertiliser in nitrate sensitive areas.                     

In relation to Wales, these Regulations continue to implement Council Directive 91/676/EEC concerning the protection of waters against pollution by nitrates from agricultural sources (OJ No. L375, 31.12.91, p.1).                     

### Principal changesE+W

The principal changes are as follows.

Regulation 4 makes transitional provision for those holdings newly designated within a Nitrate Vulnerable Zone by virtue of                        these Regulations, with most provisions not applying to them until 1 January 2014. Provisions relating to closed period for                        spreading nitrogen fertiliser and for storage of organic manure do not apply until 1 August 2015.                     

Regulation 7 designates nitrate vulnerable zones.

Regulation 13 introduces an exception to the 250 kg limit on nitrogen which may be spread on a given hectare within nitrate                        vulnerable zones.                     

Regulation 16 requires that when calculating the total amount of nitrogen applied to land the occupier must include the nitrogen                        contribution from all organic manure applied to the land in that calculation.                     

Regulation 17 increases the nitrogen value attributed to livestock manure and prescribes how the nitrogen value of other organic                        manure must be established.                     

Regulation 22 permits the spreading of organic manure within 6 meters of surface water if it is spread by precision spreading                        equipment.                     

Regulation 26 extends the closed periods for spreading organic manure with high readily available nitrogen for all soils other                        than sandy or shallow to 31 January with effect from 2014.                     

Regulation 29 reduces the amount of slurry that can be spread following the end of the closed period to 30 cubic metres per                        hectare.                     

Regulation 43 exempts holdings upon which 80% or more of the agricultural area is sown with grass and which limit their application                        of nitrogen from certain record keeping requirements.                     

### The RegulationsE+W

Part 2 of these Regulations designate nitrate vulnerable zones, and establish an appeals procedure against the designation.

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.                     

Part 6 establishes closed periods during which it is prohibited to spread nitrogen fertiliser.

Part 7 makes provision for how nitrogen fertiliser must be stored, and requires storage capacity for manure produced on the                        holding during the period specified in that Part.                     

Part 8 specifies what records must be kept.

Part 9 requires the Welsh Ministers to review the Regulations within set time scales.

These Regulations are enforced by the Natural Resources Body of Wales.

Breach of these Regulations is an offence punishable—

on summary conviction, with a fine not exceeding the statutory maximum, or

on conviction on indictment, with a fine.

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 the Sustainable Land Management Branch, Welsh Government, Rhodfa Padarn,                        Llanbadarn Fawr, Aberystwyth, SY23 3UR.