The Nitrate Pollution Prevention (Designation and Miscellaneous Amendments) Regulations 2013

Made: 10th October 2013

Laid before Parliament: 16th October 2013

Coming into force: 18th November 2013

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Citation, application and commencement

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Amendment of the Nitrate Pollution Prevention Regulations 2008

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Amendments in respect of the designation of nitrate vulnerable zones

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Amendments in respect of the action programme measures

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5

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6

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Amendments to Schedules

7

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Signed

Dan Rogerson — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 10th October 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend certain provisions of the Nitrate Pollution Prevention Regulations 2008 (S.I. 2008/2349) (“the 2008 Regulations”) which relate to the measures required in the nitrate vulnerable zones in England. They also give statutory effect to the revised designations of nitrate vulnerable zones in England made by the Secretary of State on 1st October 2013. The 2008 Regulations implement in England Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ No L375, 31.12.1991, p.1) (“the Nitrates Directive”).

Regulation 3 provides for revised designations of areas of land in England identified as nitrate vulnerable zones for the purposes of the Nitrates Directive.

Regulation 4 obliges the Environment Agency to refuse an application for a grassland derogation under regulation 13A where the applicant has been found in breach of derogation conditions set out in Schedule 4, and where no further possibility of successful appeal against conviction, or against an enforcement notice or penalty under article 10 of the Environmental Civil Sanctions (England) Order 2010, is available.

Regulations 5 and 6 make minor amendments to the 2008 Regulations. The first is in respect of the calculation of total nitrogen spread for horticultural crops, which may be grouped together for purposes of the relevant calculations. The second concerns the equipment which may be used to spread nitrogen fertiliser. Regulation 7 makes minor corrections to Table 1 of Schedule 1 to the 2008 Regulations, and clarifies the requirements for fertiliser plans relating to both phosphate and nitrate fertilisers in Schedule 4 which must be met by farmers benefiting from a derogation pursuant to regulation 13A.

No impact assessment has been carried out in respect of these Regulations as no impact on business or the voluntary sector foreseen.

Footnotes

[^f00001]: SI 2008/301.

[^f00002]: 1972 c. 68. Section 2(2) was amended by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7) and by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51).

[^f00003]: SI 2008/2349. Relevant amendments were made by SI 2009/3160, 2010/1159, 2012/1849 and 2013/1001.

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Editorial notes

[^key-b9942ceaf607223d5e499ec7b4d94bc5]: Regulations revoked (1.5.2015) by The Nitrate Pollution Prevention Regulations 2015 (S.I. 2015/668), regs. 1(2), 44(f)