The Nitrates Action Programme Regulations (Northern Ireland) 2010

Derogation from the measures governing the limits on land application of livestock manure

10.—(1) Where the Department approves a derogation for a grassland holding in accordance with this regulation, the total nitrogen in livestock manure from grazing livestock applied to that derogated holding shall not exceed 250kg of nitrogen per hectare per year when calculated in accordance with regulation 8(3) and (4).

(2) For the purposes of this provision “applied” means applied both by land application and by the animals themselves.

(3) With regards to derogation applications—

(a) a controller seeking a derogation shall submit a derogation application annually accompanied by a fertilisation account in accordance with 10(5) to the Department no later than 1 March for that calendar year;

(b) the Department shall grant or refuse a derogation application within 28 days from its receipt and where no response is received prior to the expiry of that period the derogation shall be deemed to have been granted;

(c) the deemed approval of a derogation application shall not preclude service by the Department of a notice under regulation 23; and

(d) the controller may appeal the refusal by the Department of the derogation application under paragraph (b) in accordance with the procedure set out in regulation 24.

(4) With regards to fertilisation plans—

(a) the controller of a derogated holding shall prepare and keep a fertilisation plan describing crop rotation and the planned application of nitrogen and phosphorus fertilisers to its agricultural area;

(b) fertilisation plans shall be made available on the derogated holding every year no later than 1 March for that calendar year;

(c) fertilisation plans shall include—

(i) the number of livestock on the derogated holding;

(ii) a description of livestock housing and livestock manure storage systems, including the volume of livestock manure storage available on the derogated holding;

(iii) the amount of nitrogen from livestock manure produced on the derogated holding calculated in accordance with Table 1 of Part 1 of the Schedule;

(iv) the amount of phosphorus from livestock manure produced on the derogated holding calculated in accordance with Table 7 of Part 1 of the Schedule;

(v) the crop rotation and area of each crop, including a sketch map indicating the location of the area of each crop;

(vi) the derogated holding’s foreseeable nitrogen and phosphorus crop requirement in accordance with fertiliser technical standards;

(vii) the quantity of each type of organic manure moved on or off the derogated holding;

(viii) the results of soil analysis relating to nitrogen and phosphorus soil status if available;

(ix) the amount of nitrogen from nitrogen fertilisers applied in each area of the derogated holding under the same cropping regime and soil type calculated in accordance with Tables 1 to 6 of Part 1 of the Schedule;

(x) the amount of nitrogen from other organic manure, excluding livestock manures, applied in each area of the derogated holding under the same cropping regime and soil type, as declared under regulation 8(5) and calculated in accordance with regulation 8(7);

(xi) the amount of phosphorus from phosphorus fertilisers applied in each area of the derogated holding under the same cropping regime and soil type calculated in accordance with Table 7 of Part 1 of the Schedule of these Regulations and Schedule 2 Table 1 of the Phosphorus Regulations;

(xii) the amount of phosphorus from other organic manure, excluding livestock manures, applied in each area of the derogated holding under the same cropping regime, as declared in accordance with regulation 2(3) of the Phosphorus Regulations; and

(d) where changes in agricultural practices necessitate changes in the fertilisation plan of a derogated holding the controller shall revise the plan within seven days of such changes taking effect.

(5) With regards to fertilisation accounts—

(a) the controller of a derogated holding shall submit fertilisation accounts for the calendar year to the Department by 1 March of the following year; and

(b) fertilisation accounts shall include—

(i) an account of the nitrogen crop requirement of the derogated holding;

(ii) an account of the nitrogen fertiliser applied to the derogated holding;

(iii) information relating to the derogated holding’s management of dirty water; and

(iv) information to allow the calculation of the derogated holding’s phosphorus balance.

(6) At least every four years the controller of a derogated holding shall undertake nitrogen and phosphorus soil analysis of every four hectares of the agricultural area of the derogated holding under the same cropping regime and soil type.

(7) The phosphorus balance of a derogated holding calculated in accordance with paragraph 1 and Tables 8 and 9 of Part 2 of the Schedule shall not exceed a surplus of 10kg phosphorus per hectare per year.