Agriculture, England Citation, commencement and application 1 1 These Regulations may be cited as the Nitrate Pollution Prevention (Amendment) Regulations 2016 and come into force on 31st December 2016. 2 These Regulations apply to England only. Amendments to the Nitrate Pollution Prevention Regulations 2015 2 The Nitrate Pollution Prevention Regulations 2015 are amended in accordance with regulations 3 to 9. Amendment of regulation 3 (designation) 3 For regulation 3(2), substitute— 2 The relevant maps are the maps marked “Nitrate Vulnerable Zones (England) 2017 to 2020” and published on 1st December 2016 on the Agency’s website . . Amendment of regulation 5 (recommendations and proposals) 4 In regulation 5— a in paragraph (3), after “must” insert “, (except where paragraph (3A) applies)”; b after paragraph (3), insert— 3A Where the Secretary of State revises or adds to the designation of nitrate vulnerable zones before 1st January 2017, the Secretary of State must— a by 31st December 2016, publish the proposals to revise or add to the designation on the Agency’s website; b by 1st March 2017, send written notice to any person appearing to the Secretary of State to be the owner or occupier of a relevant holding. ; c in paragraph (4), after “paragraph (3)(b)” insert “or (3A)(b)”; d for paragraph (4)(a), substitute— a a reference to the page on the Agency’s or Secretary of State’s website on which can be found the Secretary of State’s proposals or, in the case of a notice under paragraph (3A)(b) where the designation has already been revised or added to, the designation, ; e in paragraph (5)(b), at the end insert “, or which the Secretary of State has so designated”. Insertion of regulation 5A and Schedule 4 (transitional provisions) 5 1 After regulation 5, insert— Transitional periods for new holdings 5A The requirements of the regulations listed in Schedule 4 do not apply in relation to a new holding until the dates set out in that Schedule. . 2 After Schedule 3, insert new Schedule 4 contained in the Schedule to these Regulations. Insertion of regulations 25A and 25B (records) 6 Before regulation 26, insert— Record of size of holding 25A The occupier of a new holding must record the total size of the holding, calculated in accordance with regulation 7(4). Record of storage capacity 25B The occupier of a new holding with livestock must calculate and record— a the amount of manure that will be produced by the number of animals expected to be kept in a building or on hardstanding during the storage period (as defined by regulation 25), using the figures in Schedule 1; b the amount of storage capacity (in slurry vessels and hardstanding) required to enable compliance with regulation 25, taking into account— i the amount of manure intended to be exported from the holding, ii the amount of manure intended to be spread on land that has a low run-off risk, and iii in the case of a slurry vessel, the amount of liquids other than slurry likely to enter the vessel; and c the current storage capacity of the holding. . Amendment of regulation 34 (keeping records up to date) 7 In regulation 34— a for paragraph (1), substitute— 1 Where the size of a holding changes, the occupier of the holding must update the record required by regulation 35(1) of the old Regulations, or by regulation 25A of these Regulations, within one month. ; b for paragraph (3), substitute— 3 Where the amount of storage capacity of a holding changes, the occupier of the holding must update the record required by regulation 36(1)(b) of the old Regulations, or by regulation 25B of these Regulations, within one week. . Amendment of regulation 36 (application for derogation) 8 In regulation 36— a for paragraph (4) substitute— 4 A derogation granted under this regulation ceases to have effect unless the occupier to whom the derogation is granted has sent to the Agency a written declaration that the conditions set out in Schedule 3 (“the derogation conditions”) will be met in relation to the holding. 4A The written declaration must be sent to the Agency within 28 calendar days of the derogation being granted. ; b after paragraph (5) insert— 5A But an application relating to the calendar year commencing on 1st January 2017 may be submitted by 20th March 2017. . Miscellaneous amendments 9 1 In regulation 2(1) (interpretation)— a in the definition of “new holding”, for “after 16th May 2013” substitute “on 31st December 2016 (and which was not a holding immediately before that date)”; b in the definition of “shallow soil”, for “40mm” substitute “40cm”. 2 In regulation 20 (closed periods for organic manure), omit paragraph (6). 3 In regulation 21 (exemption for organic holdings), omit paragraph (6). 4 For regulation 24 (separation of slurry), substitute— 24 The occupier of a relevant holding must, when separating any slurry on the holding into its solid and liquid fractions, do so mechanically or on an impermeable surface where the liquid drains into a suitable receptacle. . 5 In regulation 40(5) (publication date for regulatory review), for “6th August 2017” substitute “31st March 2020”. 6 For regulation 41(1) (offence) substitute— 1 A person who fails to comply with the requirements of any of the following regulations commits an offence— a regulations 7 and 8; b regulations 10 to 13; c regulations 15 to 35; d regulation 37(3). . Thérèse Coffey Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 6th December 2016