The Nitrate Pollution Prevention Regulations 2015

Category	Daily manure produced by each animal (litres)	Daily nitrogen produced by each animal (grams)	Daily phosphate produced by each animal (grams)
(1)In the case of a ewe, the figures include one or more suckled lambs until the lambs are aged 6 months.	(1)In the case of a ewe, the figures include one or more suckled lambs until the lambs are aged 6 months.	(1)In the case of a ewe, the figures include one or more suckled lambs until the lambs are aged 6 months.	(1)In the case of a ewe, the figures include one or more suckled lambs until the lambs are aged 6 months.
Cattle
Calf (all categories except veal) younger than 2 months	7	23	12.7
Dairy cow—
From 2 months to less than 12 months	20	95	34
From 12 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 and 9000 litres	53	276	121
annual milk yield less than 6000 litres	42	211	93
Beef cow or steer—
From 2 months to less than 12 months	20	91	33
From 12 months to less than 24 months	26	137	43
From 24 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, 2 months and over	26	148	24
Breeding—
from 2 months to less than 24 months	26	137	43
from 24 months	26	132	60
Sheep
From 6 months up to 9 months	1.8	5.5	0.76
From 9 months to first lambing, first tupping or slaughter	1.8	3.9	2.1
After lambing or tupping—
weighing less than 60kg	3.3	21	8.8
weighing 60kg or more	5	33	10
Goat, deer and horse
Goat	3.5	41	18.8
Deer—
breeding	5	42	17.6
other	3.5	33	11.7
Horse	24	58	56
Category	Daily manure produced by each animal (litres or, in the case of poultry, kilograms)	Daily nitrogen produced by each animal (grams)	Daily phosphate produced by each animal (grams)
---	---	---	---
(1)All figures for poultry include litter	(1)All figures for poultry include litter	(1)All figures for poultry include litter	(1)All figures for poultry include litter
Cattle
Veal calf	7	23	12.7
Poultry
Chicken used for producing eggs for human consumption—
less than 17 weeks	0.04	0.64	0.47
from 17 weeks (caged)	0.12	1.13	1.0
from 17 weeks (not caged)	0.12	1.5	1.1
Chickens raised for meat	0.06	1.06	0.72
Chickens raised for breeding—
less than 25 weeks	0.04	0.86	0.78
from 25 weeks	0.12	2.02	1.5
Turkey—
male	0.16	3.74	3.1
female	0.12	2.83	2.3
Duck	0.1	2.48	2.4
Ostrich	1.6	3.83	18.5
Pigs
Weighing from 7kg to less than 13kg	1.3	4.1	1.3
Weighing from 13kg to less than 31kg	2	14.2	6
Weighing from 31kg to less than 66kg—
dry fed	3.7	24	12.1
liquid fed	7.1	24	12.1
Weighing from 66kg and—
intended for slaughter—
dry fed	5.1	33	17.9
liquid fed	10	33	17.9
sow intended for breeding that has not yet had first litter	5.6	38	20
sow (including litter up to 7kg) fed on a diet supplemented with synthetic amino acids	10.9	44	37
sow (including litter up to 7kg) fed on a diet without synthetic amino acids	10.9	49	37
breeding boar weighing from 66kg to less than 150kg	5.1	33	17.9
breeding boar weighing from 150kg	8.7	48	28

SCHEDULE 2 — Calculating nitrogen in manure

PART 1 — Standard Table

Manure other than slurry	Total nitrogen in each tonne (kg)
Manure other than slurry from—
Cattle	6
Pigs	7
Sheep	7
Ducks	6.5
Horses	7
Goats	6
Manure from laying hensManure from turkeys or broiler chickens	1930
Slurry	Total nitrogen in each cubic metre (kg)
Cattle	2.6
Pigs	3.6
Separated cattle slurry (liquid fraction)—
strainer box	1.5
weeping wall	2
mechanical separator	3
Separated cattle slurry (solid fraction)	4
Separated pig slurry (liquid fraction)	3.6
Separated pig slurry (solid fraction)	5
Dirty water	0.5

PART 2 — Sampling and analysis

Slurry and other liquid and semi-liquid organic manure

1

• (1) In the case of slurry and other liquid and semi-liquid organic manure, at least five samples, each of two litres, must be taken.

• (2) The slurry or other manure must, if it is reasonably practicable to do so, be thoroughly mixed before the samples are taken; and each sample must be taken from a different location.

• (3) Each sample must be taken from a vessel; but 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) Each sample must be poured into a larger container, stirred thoroughly and a two-litre sample taken from that container and poured into a smaller, clean container.

• (5) The two-litre sample must then be sent for analysis.

Solid manures

2

• (1) In the case of 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 sample must be taken at least 0.5 metres from the surface of the heap.

• (4) The samples must be placed on a clean, dry tray or sheet.

• (5) Any lumps must be broken up and the samples must be thoroughly mixed together.

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

• (7) 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 12 months old.

SCHEDULE 3 — The derogation conditions

Introductory

1

In this Schedule—

• “the occupier” means the occupier of a derogated holding;

• “the holding” means the derogated holding.

Limit on application of livestock manure

2

• (1) The occupier must ensure that in the calendar year for which the derogation has effect—

• A ≥ (Ngl/250) + (Nngl/170).

• (2) For the purposes of paragraph (1)—

• “A” is the area of the derogated holding in hectares as at 1st January in that calendar year;

• “Ngl” is the total amount of nitrogen in kilogrammes in livestock manure from animals listed as “grazing livestock” in Schedule 1, whether applied directly by an animal or by spreading;

• “Nngl” is the total amount of nitrogen in kilogrammes in livestock manure from animals listed as “non-grazing livestock” in Schedule 1, whether applied directly by an animal or by spreading.

Planning the spreading of phosphate fertiliser

3

• (1) The occupier must—

• (a) calculate the amount of phosphorus in the soil that is likely to be available for uptake by the crop during the growing season,

• (b) calculate the optimum amount of phosphate fertiliser that should be spread on the crop, taking into account the amount calculated under paragraph (a), and

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

• (2) In the case of permanent grassland, the occupier must comply with the duty under sub-paragraph (1) in each calendar year before spreading phosphate fertiliser.

• (3) In the case of any other crop, the occupier must comply with the duty under sub-paragraph (1) before spreading any phosphate fertiliser for the first time for the purpose of fertilising a crop planted or to be planted.

Other requirements for fertilisation plans

4

• (1) The fertilisation plan for the 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 amount of phosphorus calculated under paragraph 3(1)(a) and the method used to calculate that figure,

• (b) the optimum amount of phosphate fertiliser that should be spread on the crop, taking into account the amount of phosphorus referred to in sub-paragraph (a),

• (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 analysis

5

• (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) The occupier may rely on the result 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), if the sampling and analysis was carried out within four years before the grant of the derogation.

• (3) But 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—

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

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

Additional information to be recorded during the year

6

• (1) Before spreading organic manure, the occupier must 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) Before spreading manufactured phosphate fertiliser, the occupier must also 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 month in which it is planned to do the spreading.

Risk maps

7

• (1) The risk map for the holding must—

• (a) show each field marked with a reference number or number to enable cross-reference to fields recorded in the fertilisation plan,

• (b) correspond with the agricultural area of the holding, and

• (c) be completed by 1st March in the calendar year to which it relates.

• (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 holding as grassland

8

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

9

• (1) Any temporary grassland on sandy soils on the holding must not be ploughed between 1stJuly and the following 31st December.

• (2) Where livestock manure has been spread on grass on sandy soils on the holding between 1st September and 31st December, the grass must not be ploughed before the following 16th January.

• (3) Where livestock manure has been spread on grass not on sandy soils on the holding between 15th October and the following 15th January, the grass must not be ploughed before the following 16th January.

Sowing crops following grass

10

• (1) Where any grass on the holding is ploughed, the land must—

• (a) be sown with a crop with high nitrogen demand within four weeks beginning with the day after the ploughing, or

• (b) be sown with grass within six weeks beginning with that day.

• (2) The reference to a crop with high nitrogen demand includes a reference to grass, potatoes, sugar beet, maize, wheat, oilseed rape, barley, brassica, rye and triticale.

Crop rotation

11

Crop rotation on the holding must not include leguminous or other plants fixing atmospheric nitrogen except for—

• (a) grass with less than 50% clover, or

• (b) any other leguminous plant that is under-sown with grass.

Recording the size of the holding

12

• (1) The occupier must record the total agricultural area and the area of the grass within the holding by 1st March for each calendar year.

• (2) If the size of the holding or the area of the grass within it changes, the occupier must update the record under sub-paragraph (1) within one month beginning with the day after the day of the change.

Records relating to storage of manure during storage period

13

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 1st March for each calendar year.

Record of nitrogen and phosphate produced by animals

14

• (1) The occupier must make a record of the expected number of livestock animals to be kept on the holding during the calendar year to which the derogation relates, and the category for each animal by reference to the categories in Schedule 1.

• (2) Having complied with the duty under sub-paragraph (1), the occupier must calculate and record the amount of nitrogen and phosphate in manure expected to be produced by the livestock on the holding during that year by reference to Schedule 1.

• (3) A record required under this paragraph must be made by 1st March for the calendar year concerned.

Livestock manure intended to be brought on to or sent off the holding

15

• (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) calculate and record the amount of nitrogen in the livestock manure recorded under paragraph (a) in accordance with Part 1 or 2 of Schedule 2.

• (2) A record required under this paragraph must be made by 1st March for the calendar year concerned.

Records of crops sown

16

The occupier must, within one week of sowing a crop on which the occupier spreads or intends to spread nitrogen fertiliser, record the crop sown and the date of sowing.

Records of spreading phosphate fertiliser

17

The 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 ploughing

18

The occupier must, within one week of ploughing on the holding, record the date of the ploughing.

Fertilisation accounts

19

• (1) The occupier must prepare accounts for the calendar year to which the derogation relates and must submit the accounts to the Agency by the following 30th April.

• (2) The accounts must be in the form and manner published by the Agency.

• (3) The accounts must record—

• (a) the total agricultural area of the holding,

• (b) the area of the holding covered by each of the following—

• (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 of animals kept on the holding and the category for each animal by reference to the categories in Schedule 1,

• (d) the amount of nitrogen and phosphate in the manure produced by the animals on the holding by reference to that Schedule,

• (e) the amount, type and characteristics of livestock manure brought on to or sent off the holding,

• (f) the amount of nitrogen and phosphate in the manure recorded under paragraph (e) calculated in accordance with paragraph 14(2),

• (g) the weight in tonnes and the nitrogen content of all manufactured nitrogen fertiliser stocks kept on the holding between 1st January and 31st December, and

• (h) the weight in tonnes and the nitrogen content of all manufactured nitrogen fertiliser brought on to and sent off the holding between those dates.

Signed

Dan Rogerson — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 2015-03-09

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations consolidate, with minor corrections and drafting changes, the provisions set out in regulation 44.

They continue to implement in England Council Directive 91/676/EEC (concerning the protection of waters against pollution by nitrates from agricultural sources) and Commission Decision 2009/431/EC granting a derogation pursuant to that Directive.

Part 2 of the Regulations provides for the designation of land as nitrate vulnerable zones. It requires the Environment Agency to make recommendations to the Secretary of State about designations and for the Secretary of State to publish proposals. It establishes an appeals procedure against a proposed designation to the First-tier Tribunal.

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. It also establishes closed periods during which the spreading of nitrogen fertiliser is prohibited.

Part 6 makes provision for how nitrogen fertiliser must be stored.

Part 7 specifies which records must be kept.

Part 8 provides for the procedure for an application for a derogation and establishes an appeals procedure against the refusal of an application. Schedule 3 sets out the additional requirements to be met by an occupier of a derogated holding.

Part 9 requires the Secretary of State to review the Regulations.

Part 10 makes provision about enforcement. Breach of the Regulations is an offence punishable with a fine on summary conviction or on conviction on indictment. The Environment Agency is responsible for enforcing the Regulations.

An impact assessment has not been produced for this instrument as, given that it is a consolidation, no additional impact on business or the private or voluntary sector is foreseen.

Footnotes

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.

Appeal

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.

SCHEDULE4 — Transitional dates for new holdings

1

The following regulations do not apply in relation to a new holding until the beginning of the second calendar year after the year in which the Secretary of State revises or adds to the designation of nitrate vulnerable zones under regulation 4(5) so as to include the new holding—

• (a) regulation 7 (application of livestock manure);

• (b) regulation 8 (spreading organic manure);

• (c) regulation 10 (planning the spreading of nitrogen fertiliser);

• (d) regulation 11 (additional information to be recorded);

• (e) regulation 12 (total nitrogen spread on a holding);

• (f) regulation 13 (grass grown for dehydration or chlorophyll production);

• (g) regulation 15 (risk map);

• (h) regulation 16 (restrictions on spreading nitrogen fertiliser);

• (i) regulation 17 (spreading organic manure near surface water, boreholes, springs or wells);

• (j) regulation 19 (incorporating organic manure into the ground);

• (k) regulation 23 (storage of organic manure);

• (l) regulation 25A (record of size of holding);

• (m) regulation 25B (record of storage capacity);

• (n) regulation 26 (annual records relating to storage);

• (o) regulation 27 (record of nitrogen produced by animals);

• (p) regulation 28 (livestock manure brought on to or sent off the holding);

• (q) regulation 29 (sampling and analysis);

• (r) regulation 30 (records of crops sown);

• (s) regulation 31 (records of spreading nitrogen fertiliser);

• (t) regulation 32 (subsequent records);

• (u) regulation 34 (keeping records up to date).

2

The following regulations do not apply in relation to a new holding until 31st July in the third calendar year after the year in which the Secretary of State revises or adds to the designation of nitrate vulnerable zones under regulation 4(5) so as to include the new holding—

• (a) regulation 18 (restrictions on spreading slurry);

• (b) regulation 20 (closed periods for organic manure);

• (c) regulation 21 (exemption for organic holdings);

• (d) regulation 22 (closed period for manufactured nitrogen fertiliser);

• (e) regulation 24 (separation of slurry);

• (f) regulation 25 (storage capacity).

Editorial notes

Review of the action programme

Implementation report

40A

• (1) The Secretary of State must prepare a report on the implementation of these Regulations for each relevant period.

• (2) A report under paragraph (1) must contain—

• (a) details of any steps taken to promote good agricultural practice;

• (b) the map published under regulation 3(2), accompanied by a statement detailing the nature of, and reasons for, any revisions to the designated nitrate vulnerable zone since the end of the previous reporting period;

• (c) a summary of the monitoring results obtained by the Agency under regulation 4;

• (d) a summary of the most recent review conducted under regulation 39.

• (3) A report under paragraph (1) must be published—

• (a) in such manner as the Secretary of State considers appropriate;

• (b) by the last day of the six month period beginning with the day on which the relevant period ends.

• (4) In this regulation, “relevant period” means the period of four years beginning with 1st January 2016 and each successive period of four years.