Environmental Protection Citation and commencement 1 These Regulations may be cited as the Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 and come into force on 24th January 2010. Amendments to the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 2 The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 are amended in accordance with regulations 3 to 9. Amendment of regulation 3 3 1 Regulation 3 (interpretation) is amended as follows. 2 After the definition of “crop requirement” insert— “derogated farm” means a farm over which a derogation has been granted; “derogation” means a derogation from the annual limit of nitrogen in livestock manure that can be applied to land granted by the Scottish Ministers in accordance with regulations 14, 14A and 14B; “derogation application” means an application for a derogation submitted by the occupier of a farm; . 3 After the definition of “farmyard manure” insert— “fertilisation accounts” means accounts providing such information relating to the management of nitrogen and phosphate inputs during the preceding calendar year as the Scottish Ministers may specify in accordance with regulation 25(3); . 4 After the definition of “grassland” insert— “grassland farm” means a farm where 80% or more of the agricultural area available for manure application is permanent grassland or temporary grassland (temporary implying leys of less than four years), including crops under-sown with grass but excluding grassland with 50% or more clover; “grazing livestock” means cattle (with the exclusion of veal calves), sheep, deer, goats and horses; . 5 After the definition of “organic manure with high available nitrogen content” insert— “phosphate fertiliser” means any substance containing one or more phosphate compounds used on land to enhance growth of vegetation and includes organic manure; . Amendment of regulation 5 4 1 Regulation 5 (fertiliser and manure management plan) is amended as follows. 2 Omit “and” where it appears at the end of regulation 5(3)(b). 3 After regulation 5(3)(c), insert— and d in respect of derogated farms, in addition to the requirements of sub-paragraphs (a) to (c)— i a note of the number of livestock and a description of the housing and storage system that includes the volume of manure storage available; ii a calculation of manure nitrogen (less losses in housing and storage) and phosphate produced in the farm; iii a description of the crop rotation and area of each crop, including a sketch map indicating location of individual fields; iv a calculation of the foreseeable nitrogen and phosphate crop requirements; v a note of the amount and the type of manure delivered outside the farm or to the farm; vi the results of soil analysis related to nitrogen and phosphate soil status, if available; vii a note of the nitrogen and phosphate application from manure over each field; and viii a calculation of the application of nitrogen and phosphate with chemical and other fertilisers over each field. . 4 After regulation 5(5), insert— 6 Fertiliser and manure management plans in respect of derogated farms shall be revised no later than 7 days after any changes in agricultural practice at the farm. . Amendment of regulation 14 5 1 Regulation 14 (annual farm limit of nitrogen in livestock manure) is amended as follows. 2 At the beginning of paragraph (1), insert “Subject to paragraph (4),”. 3 After paragraph (3), insert— 4 The occupier of any grassland farm within a nitrate vulnerable zone may apply to the Scottish Ministers for a derogation from the annual farm limit of nitrogen in livestock manure specified in paragraph (1). 5 Any derogation granted shall last until the conclusion of the calendar year to which it relates, and shall be subject to renewal. 6 Where the Scottish Ministers grant a derogation, the total annual amount of nitrogen in livestock manure from grazing livestock applied to the derogated farm, whether directly by an animal or by spreading, must not exceed 250kg multiplied by the area of the derogated farm in hectares. 7 Any application for a derogation shall be made in accordance with regulation 14A and any grant of a derogation shall be subject to the conditions of regulation 14B. . Insertion of regulations 14A and 14B 6 1 After regulation 14, insert— Application for a derogation from the annual farm limit of nitrogen in livestock manure 14A 1 The occupier of any grassland farm within a nitrate vulnerable zone who wishes to apply to the Scottish Ministers for a derogation must submit an application— a by 30th April of the calendar year to which the application pertains (in respect of applications other than those pertaining to 2009); b by 31st January 2010 in respect of applications pertaining to 2009. 2 The Scottish Ministers must publish electronically the manner and form in which the derogation application must be made. 3 Where the farm in respect of which a derogation is applied for benefited from a derogation during the calendar year preceding that to which the application relates, the application shall be accompanied by the fertilisation accounts for that preceding calendar year. 4 The Scottish Ministers must approve or refuse a derogation application within 21 days from its receipt and notify the applicant of the decision in writing. 5 Where the Scottish Ministers refuse a derogation application, they shall give the occupier reasons for the refusal. Conditions of a derogation from the annual farm limit of nitrogen in livestock manure 14B A derogation shall be subject to the following conditions— a total nitrogen inputs shall not exceed the foreseeable nutrient demand of the considered crop, taking into account the supply from the soil; b livestock manure shall not be spread in the autumn before grass cultivation; c grass on sandy soils, if ploughed, shall only be ploughed in spring; d ploughed grass on all soil types shall be followed immediately by a crop with high nitrogen demand; e crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen, other than clover in grassland with less than 50% clover or leguminous plants under-sown with grass; f nitrogen and phosphate soil sampling and analysis shall be carried out at least once every four years for, as a minimum, every five hectares of the farm that, having regard to crop rotation and soil characteristics, can reasonably be considered homogeneous; and g fertilisation accounts for each calendar year for which a derogation is granted shall be prepared and submitted to the Scottish Ministers by 30 th April of the following year. . Amendment of Regulation 25 7 1 Regulation 25 (records to be kept) is amended as follows. 2 For regulation 25(2) substitute— 2 The occupier of a derogated farm must, in addition to the records to be kept under paragraph (1), keep records of— a the derogation application and decision; b the fertiliser and manure management plan referred to in regulation 5; c fertilisation accounts; and d the results of nitrogen and phosphate analysis in soil referred to in regulation 14B. 3 The Scottish Ministers must publish electronically the manner and form in which fertilisation accounts must be prepared and submitted. 4 The records referred to in paragraphs (1) and (2) must be kept for each year. . Amendment of Schedule 1 8 1 Schedule 1 (calculation of nitrogen (“N”) in livestock manure) is amended as follows. 2 Omit the heading “Calculation of nitrogen (‘N’) in livestock manure” and substitute “Calculation of nitrogen (‘N’) and phosphate (‘P 2 O 5 ’) in livestock manure”. 3 For Table 1, substitute— Table 1 Standards for the volume of excreta, nitrogen and phosphate in manure produced by livestock Pigs Daily Excreta (litres per animal/day) Daily Nitrogen production (grams per animal/day) Daily Phosphate production (grams per animal/day) Weight From 7 to 13kg 1.3 4.1 1.3 From 13 to 31kg 2.0 14.2 6.0 From 31 to 66kg— Dry fed 3.7 24 12.1 Liquid fed 7.1 24 12.1 From 66kg and— intended for slaughter— dry fed 5.1 33 17.9 liquid fed 10.0 33 17.9 sow intended for breeding that has not yet had its first litter (maiden gilt) 5.6 38 20.0 sow (including litter up to 7kg) fed on a diet supplemented with synthetic amino acids 10.9 44 37.0 sow (including litter up to 7kg) fed on a diet without synthetic amino acids 10.9 49 37.0 Breeding boar from 66kg up to 150kg 5.1 33 17.9 Breeding boar, from 150kg 8.7 48 28.0 Cattle Daily Excreta (litres per animal/day) Daily Nitrogen production (grams per animal/day) Daily Phosphate production (grams per animal/day) (a) Castrated males. Calf (all categories) up to 3 months 7.0 23 12.7 Dairy cow From 3 months up to 13 months 20 95 34 From 13 months up to first calf 40 167 69 After first calf and— annual milk yield more than 9000 litres 64 315 142 annual milk yield between 6000 to 9000 litres 53 276 121 annual milk yield less than 6000 litres 42 211 93 Beef cows or steers From 3 up to 13 months 20 91 33 From 13 up to 25 months 26 137 43 Over 25 months— Females or steers for slaughter 32 137 60 Females for breeding— weighing 500kg or less 32 167 65 weighing more than 500kg 45 227 86 Bulls non-breeding, 3 months and over 26 148 24 Breeding From 3 up to 25 months 26 137 43 Over 25 months 26 132 60 Sheep Daily Excreta (litres per animal/day) Daily Nitrogen production (grams per animal/day) Daily Phosphate production (grams per animal/day) (a) In the case of a ewe, this figure includes one or more suckled lambs until the lambs are aged six months. From 6 months up to 9 months old 1.8 5.5 0.76 From 9 months old to first lambing, first tupping or slaughter 1.8 3.9 2.1 After lambing or tupping weight up to 60kg 3.3 21 8.8 weight over 60kg 5.0 33 10 Goats, deer and horses Daily Excreta (litres per animal/day) Daily Nitrogen production (grams per animal/day) Daily Phosphate production (grams per animal/day) Goat 3.5 41 18.8 Deer Breeding 5.0 42 17.6 Other 3.5 33 11.7 Horse 24 58 56 Poultry Daily Excreta (kilograms per bird/day) Daily Nitrogen production (grams per bird/day) Daily Phosphate production (grams per bird/day) (a) This figure includes litter as appropriate. Laying chicken up to 17 weeks 0.04 0.64 0.47 17 weeks and over (caged) 0.12 1.13 1.0 17 weeks and over (free range) 0.12 1.5 1.1 Broiler chicken (table) 0.06 1.06 0.72 Broiler chicken (breeder)— up to 25 weeks 0.04 0.86 0.78 25 weeks and over 0.12 2.02 1.5 Turkey Male 0.16 3.74 3.1 Female 0.12 2.83 2.3 Duck 0.10 2.48 2.4 Ostrich 1.6 3.83 18.5 . Amendment of Schedule 3 9 1 Schedule 3 (calculation of maximum nitrogen application to crops) is amended as follows. 2 For Table 1, substitute— Table 1 Nitrogen Residue Group 1 – Previous Crops in Nitrogen Residue Group 1 are: cereals, carrots, swedes, turnips (removed) & linseed Predominant Soil Type in Field Planned crop Standard yield (t/ha) Sand or shallow Sandy loam or other mineral Humose Peaty Adjustments (a) For wheat, an additional 20kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield. (b) For wheat, an additional 40kgN/ha is permitted to milling wheat varieties. (c) For barley and oats, an additional 15kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield. (d) On winter oil seed rape, the spring application can be increased by up to 30kgN/ha if the expected yield is over 4.0t/ha. (e) On spring barley, an additional 15kgN/ha is permitted for high N grain distilling varieties. There is no upward adjustment for excess winter rainfall on N Residue Group 1 Crops Spring Barley 5.5 150 130 80 50 Winter Barley 6.5 200 180 120 80 Spring Wheat 7.0 170 150 100 60 Winter Wheat 8.0 220 200 140 80 Spring Oats 5.0 120 100 50 20 Winter Oats 6.0 160 140 90 50 Spring Oilseed Rape n/a 100 100 50 20 Winter Oilseed Rape (spring) 4.0 200 200 120 80 Winter Oilseed Rape (autumn) n/a 30 30 30 30 Potatoes n/a 245 225 175 145 Forage Maize, Rape n/a 140 120 70 40 Kale n/a 180 160 100 60 Swedes and Turnips n/a 110 90 50 20 Linseed n/a 80 60 30 0 Nitrogen Residue Group 2 - Previous Crops in Nitrogen Residue Group 2 are: - harvested fodder (whole crop), oilseed rape, hemp, vining peas & potatoes (1) low N means average N use in last 2 years was less than 150kg/ha/year Grassland Management Regimes in Residue Group 2: - 1-2 year low N leys , not grazed within 2 months of ploughing out or during September or October Predominant Soil Type in Field Planned crop Standard yield (t/ha) Sand or shallow Sandy loam or Other mineral Humose Peaty (a) For wheat, an additional 20kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield. (b) For wheat, an additional 40kgN/ha is permitted to milling wheat varieties. (c) For barley and oats, an additional 15kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield. (d) On winter oil seed rape, the spring application can be increased by up to 30kgN/ha if the expected yield is over 4.0t/ha. (e) On spring barley, an additional 15kgN/ha is permitted for high N grain distilling varieties. If actual localised rainfall from 1st Oct – 1st March exceeds 450 mm: add 10kgN/ha Spring Barley 5.5 140 120 70 40 Winter Barley 6.5 190 170 110 70 Spring Wheat 7.0 160 140 90 50 Winter Wheat 8.0 210 190 130 70 Spring Oats 5.0 110 90 40 10 Winter Oats 6.0 150 130 80 40 Spring Oilseed Rape n/a 90 90 40 10 Winter Oilseed Rape (spring) 4.0 190 190 110 70 Winter Oilseed Rape (autumn) n/a 20 20 20 20 Potatoes n/a 235 215 165 135 Forage Maize, Rape n/a 130 110 60 30 Kale n/a 170 150 90 50 Swedes and Turnips n/a 100 80 40 10 Linseed n/a 70 50 20 0 Adjustments Nitrogen Residue Group 3 - Previous Crops in Nitrogen Residue Group 3 are: - harvested fodder (root only), beans, combining peas & whole crop lupins (2) high N means average N use in last 2 years was more than 150kg/ha/year, or high clover Grassland Management Regimes in Residue Group 3: 1-2 year low N leys, grazed within 2 months of ploughing out or during September or October 1-2 year high N leys , not grazed within 2 months of ploughing out or during September or October Thin permanent grass, low N, no clover Predominant Soil Type in Field Planned crop Standard yield (t/ha) Sand or shallow Sandy loam or other mineral Humose Peaty Adjustments (a) For wheat, an additional 20kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield. (b) For wheat, an additional 40kgN/ha is permitted to milling wheat varieties. (c) For barley and oats, an additional 15kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield. (d) On winter oil seed rape, the spring application can be increased by up to 30kgN/ha if the expected yield is over 4.0t/ha. (e) On spring barley, an additional 15kgN/ha is permitted for high N grain distilling varieties. If actual local rainfall from 1st Oct – 1st March exceeds 450 mm: add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils add 10kgN/ha to crops grown in other mineral, humose and peaty soils Spring Barley 5.5 130 110 60 30 Winter Barley 6.5 180 160 100 60 Spring Wheat 7.0 150 130 80 40 Winter Wheat 8.0 200 180 120 60 Spring Oats 5.0 100 80 30 0 Winter Oats 6.0 140 120 70 30 Spring Oilseed Rape n/a 80 80 30 0 Winter Oilseed Rape (spring) 4.0 180 180 100 60 Winter Oilseed Rape (autumn) n/a 10 10 10 10 Potatoes n/a 225 205 155 125 Forage Maize, Rape n/a 120 100 50 20 Kale n/a 160 140 80 40 Swedes and Turnips n/a 90 70 30 0 Linseed n/a 60 40 10 0 Nitrogen Residue Group 4 - Previous Crops in Nitrogen Residue Group 4 is: - grain lupin Grassland Management Regimes in Residue Group 4: - 1-2 year high N leys, grazed within 2 months of ploughing out or during September or October - 3-5 year low N leys², not grazed within 2 months of ploughing out or during September or October - Thick permanent grass, low N Predominant Soil Type in Field Planned crop Standard yield (t/ha) Sand or shallow Sandy loam or other mineral Humose Peaty Adjustments (a) For wheat, an additional 20kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield. (b) For wheat, an additional 40kgN/ha is permitted to milling wheat varieties. (c) For barley and oats, an additional 15kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield. (d) On winter oil seed rape, the spring application can be increased by up to 30kgN/ha if the expected yield is over 4.0t/ha. (e) On spring barley, an additional 15kgN/ha is permitted for high N grain distilling varieties. If actual local rainfall from 1st Oct – 1st March exceeds 450 mm: add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils add 10kgN/ha to crops grown in other mineral, humose and peaty soils Spring Barley 5.5 110 90 40 10 Winter Barley 6.5 170 140 80 40 Spring Wheat 7.0 130 110 60 20 Winter Wheat 8.0 180 160 100 40 Spring Oats 5.0 80 60 10 0 Winter Oats 6.0 130 100 50 10 Spring Oilseed Rape n/a 60 60 10 0 Winter Oilseed Rape (spring) 4.0 140 140 80 40 Winter Oilseed Rape (autumn) n/a 0 0 0 0 Potatoes n/a 205 185 145 115 Forage Maize, Rape n/a 100 80 30 0 Kale n/a 140 120 60 20 Swedes and Turnips n/a 80 60 20 0 Linseed n/a 10 0 0 0 Nitrogen Residue Group 5 - Previous Crops in Nitrogen Residue Group 5 are: - leafy brassica vegetables, leafy non-brassica vegetables & grazed fodder Grassland Management Regimes in Residue Group 5: - 3 - 5 year high N leys, not grazed within 2 months of ploughing out or during September or October - 3 - 5 year low N leys, grazed within 2 months of ploughing out or during September or October - Permanent grass, high N, not grazed within 2 months of ploughing out or during September or October Predominant Soil Type in Field Planned crop Standard yield (t/ha) Sand or shallow Sandy loam or other mineral Humose Peaty Adjustments (a) For wheat, an additional 20kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield. (b) For wheat, an additional 40kgN/ha is permitted to milling wheat varieties. (c) For barley and oats, an additional 15kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield. (d) On winter oil seed rape, the spring application can be increased by up to 30kgN/ha if the expected yield is over 4.0t/ha. (e) On spring barley, an additional 15kgN/ha is permitted for high N grain distilling varieties. If actual local rainfall from 1st Oct – 1st March exceeds 450 mm: add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils add 10kgN/ha to crops grown in other mineral, humose and peaty soils Spring Barley 5.5 80 60 10 0 Winter Barley 6.5 140 110 50 10 Spring Wheat 7.0 100 80 30 0 Winter Wheat 8.0 150 130 70 10 Spring Oats 5.0 50 30 0 0 Winter Oats 6.0 100 70 20 0 Spring Oilseed Rape n/a 30 30 0 0 Winter Oilseed Rape (spring) 4.0 110 110 50 0 Winter Oilseed Rape (autumn) n/a 0 0 0 0 Potatoes n/a 175 155 135 105 Forage Maize, Rape n/a 70 50 0 0 Kale n/a 110 90 30 0 Swedes and Turnips n/a 70 50 10 0 Linseed n/a 10 0 0 0 Nitrogen Residue Group 6 Management Regimes in Residue Group 6: - 3 -5 year high N leys, grazed within 2 months of ploughing out - permanent grass, high N, grazed within 2 months of ploughing out Predominant Soil Type in Field Planned crop Standard yield (t/ha) Sand or shallow Sandy loam or other mineral Humose Peaty Adjustments (a) For wheat, an additional 20kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield. (b) For wheat, an additional 40kgN/ha is permitted to milling wheat varieties. (c) For barley and oats, an additional 15kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield. (d) On winter oil seed rape, the spring application can be increased by up to 30kgN/ha if the expected yield is over 4.0t/ha. (e) On spring barley, an additional 15kgN/ha is permitted for high N grain distilling varieties. If actual local rainfall from 1 Oct – 1 March exceeds 450 mm: add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils add 10kgN/ha to crops grown in other mineral, humose and peaty soils Spring Barley 5.5 40 20 0 0 Winter Barley 6.5 100 70 10 0 Spring Wheat 7.0 70 0 0 0 Winter Wheat 8.0 110 90 30 0 Spring Oats 5.0 10 0 0 0 Winter Oats 6.0 60 30 0 0 Spring Oilseed Rape n/a 0 0 0 0 Winter Oilseed Rape (spring) 4.0 70 70 10 0 Winter Oilseed Rape (autumn) n/a 0 0 0 0 Potatoes n/a 135 115 115 115 Forage Maize, Rape n/a 30 10 0 0 Kale n/a 70 50 0 0 Swedes and Turnips n/a 50 30 0 0 Linseed n/a 0 0 0 0 . 3 For Table 4, Part C, substitute— PART C Cattle, Dirty Water and Pig Slurry – Percentage of nitrogen available to next crop following Cattle Slurry, Dirty Water and Pig Slurry applications (use the value in brackets for grassland and winter oilseed rape cropping). Autumn Winter Spring Summer use on Grassland August-October November-January Feb - April Manure Type Dry Matter % Ref No. Incorporation time/method Total N ( kg /t) Sands Sandy Loams Shallow All other soils Sands Sandy Loams Shallow All other soils All Soils Cattle slurry – Surface applied 2 12 Not incorporated 1.6 20 30 (35) 30 30 45 30 Cattle slurry – Surface applied 6 13 Not incorporated 2.6 20 25 (30) 25 25 35 25 Cattle slurry – Surface applied 10 14 Not incorporated 3.6 20 20 (25) 20 20 25 20 Cattle slurry – ploughed in 2 15 Within 6 hrs 1.6 20 35 (40) 30 35 50 N/A Cattle slurry – ploughed in 6 16 Within 6 hrs 2.6 20 30 (35) 25 30 40 N/A Cattle slurry – ploughed in 10 17 Within 6 hrs 3.6 20 25 (30) 20 25 30 N/A Cattle slurry – Band-spread 2 18 Band-spread 1.6 20 30 (35) 30 30 50 40 Cattle slurry – Band-spread 6 19 Band-spread 2.6 20 25 (30) 25 25 40 30 Cattle slurry – Band-spread 10 20 Band-spread 3.6 20 20 (25) 20 20 30 25 Cattle slurry – shallow injected 2 21 Shallow injected 1.6 20 30 (35) 35 35 55 45 Cattle slurry – shallow injected 6 22 Shallow injected 2.6 20 25 (30) 30 30 45 35 Cattle slurry – shallow injected 10 23 Shallow injected 3.6 20 20 (25) 25 25 35 30 Separated – Strainer box * 24 Select from above 1.5 *Use the appropriate values for 2% dry matter cattle slurry Separated – Weeping wall * 25 2 Separated – Mechanical * 26 3 Dirty Water 0.5 27 Not incorporated 0.5 20 35 (40) 35 35 50 30 Pig slurry – surface applied 2 28 Not incorporated 3.0 25 35 (40) 40 40 55 55 Pig slurry – surface applied 4 29 Not incorporated 3.6 25 30 (35) 35 35 50 50 Pig slurry – surface applied 6 30 Not incorporated 4.4 25 25 (30) 30 30 45 45 Pig slurry – ploughed in 2 31 Within 6 hrs 3.0 25 45 (50) 35 50 65 N/A Pig slurry – ploughed in 4 32 Within 6 hrs 3.6 25 40 (45) 30 45 60 N/A Pig slurry – ploughed in 6 33 Within 6 hrs 4.4 25 40 (45) 30 40 55 N/A Pig slurry – Band-spread 2 34 Band-spread 3.0 25 35 (40) 40 40 60 60 Pig slurry – Band-spread 4 35 Band-spread 3.6 25 35 (40) 35 35 55 55 Pig slurry – Band-spread 6 36 Band-spread 4.4 25 30 (35) 35 35 50 50 Pig slurry - shallow injected 2 37 Shallow injected 3.0 25 40 (45) 45 45 65 65 Pig slurry - shallow injected 4 38 Shallow injected 3.6 25 35 (40) 40 40 60 60 Pig slurry - shallow injected 6 39 Shallow injected 4.4 25 35 (40) 40 40 55 55 Mechanical separator ** 40 Select from above 3.6 **Use the appropriate value for 2% dry matter pig slurry Revocation 10 Regulation 3 of the Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2008 is revoked. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 17th December 2009