Calculation of livestock manure storage capacity
16.—(1) In calculating the livestock manure storage capacity of a holding, the following farming practices may be taken into account—
(a)the quantity of farmyard manure stored in a midden or field prior to land application in accordance with regulation 13;
(b)any solids removed from slurry other than pig slurry by means of a slurry separator;
(c)any additional storage available off the holding, by means of a rental agreement;
(d)any valid contract the holding has with a manure processing facility or demonstrable access to an approved treatment or recovery outlet; and
(e)the quantity of poultry litter stored in a midden or field prior to land application in accordance with regulation 14.
(2) Subject to paragraph (4), the livestock manure storage capacity of a holding may be less than the capacity specified in regulation 11 in relation to—
(a)sheep, deer and goats which are out-wintered at a grassland stocking rate which does not exceed 130 kg of nitrogen at any time during the period specified in regulation 6(3) in relation to the application of organic manure as calculated in accordance with paragraph (6);
(b)livestock (other than dairy cows, sheep, deer and goats) which are out-wintered at a grassland stocking rate which does not exceed 85 kg of nitrogen at any time during the period specified in regulation 6(3) in relation to the application of organic manure, as calculated in accordance with paragraph (6), provided the amount of livestock manure produced on the holding does not exceed 140kg of nitrogen per hectare per year, as calculated in accordance with regulation 8; and
(c)in the case of a mixed holding the nitrogen limit in sub-paragraph (b) shall apply except where the controller of the holding demonstrates to the Department that the livestock out-wintered more appropriately reflects the composition of the livestock applicable in sub-paragraph (a).
(3) The livestock manure storage capacity of a holding shall be calculated in accordance with—
(a)the livestock manure production figures specified in Table 5 of Part 1 of the Schedule; and
(b)any further procedures for calculating such storage capacity which will be specified in guidance relating to these Regulations.
(4) A holding falling within paragraph (2) must ensure that—
(a)out-wintered livestock have free access at all times to the required land area;
(b)land is maintained in good agricultural and environmental condition; and
(c)the reduction in storage capacity is proportionate to the extent of out-wintered livestock on the holding.
(5) Any land used for the purpose of out-wintering under paragraphs (2) and (4) must be under the control of the holding to which the exemption applies.
(6) In this regulation, a grassland stocking rate of 130 kg or 85 kg of nitrogen, as the case may be, means the stocking of grassland on a holding at any time by such numbers and types of livestock as would in the course of a year excrete waste products containing 130 kg or 85 kg of nitrogen, as the case may be, per hectare of the grassland when calculated in accordance with the nitrogen excretion rate for livestock specified in Table 1 of Part 1 of the Schedule.
(7) In this regulation, mixed holding means a holding where there are sheep, deer, goats and other livestock (other than dairy cows).