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The Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2012

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Statutory Rules of Northern Ireland

2012 No. 231

Environmental Protection

The Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2012

Made

1st June 2012

Coming into operation

22nd June 2012

The Department of the Environment and the Department of Agriculture and Rural Development, being Departments designated(1) for the purposes of section 2(2) of the European Communities Act 1972((2) in relation to the environment, acting jointly in exercise of the powers conferred upon them by that section and the Department of the Environment in exercise of the powers conferred on it by Article 32 of the Waste and Contaminated Land (Northern Ireland) Order 1997((3) and, in accordance with Article 32(3) of that Order, the Department of the Environment having published a notice indicating the effect of these Regulations and having taken into consideration the representations made to it in accordance with the notice, make the following Regulations.

Citation and commencement

1.  These Regulations may be cited as the Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2012 and shall come into operation on 22nd June 2012.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954((4) applies to these Regulations as it applies to an Act of the Assembly.

(2) In these Regulations “the principal Regulations” means the Nitrates Action Programme Regulations (Northern Ireland) 2010(5).

Amendments to the Nitrates Action Programme Regulations (Northern Ireland) 2010

3.  The principal Regulations are amended in accordance with regulations 4 to 8.

Amendment of regulation 14

4.  For regulation 14 (manner of storage of poultry litter and location of storage facilities) substitute—

Manner of storage of poultry litter and location of storage facilities

14.(1) Prior to land application, poultry litter shall only be stored on a holding—

(a)in a midden which shall have adequate effluent collection facilities; or

(b)subject to paragraphs (2) to (6), in the field where land application will take place up to a maximum of 180 days from placement in that field.

(2) From 1st August 2012 poultry litter shall not be stored in a field heap except under and to the extent granted by an authorisation from the Department in accordance with paragraphs (3) to (6). With regard to such an authorisation—

(a)an application by an appropriate person for authorisation shall be made on a form provided by the Department for the purpose and accompanied by such information in such form as the Department may reasonably require;

(b)the Department shall authorise or refuse an application within 28 days from its receipt; and

(c)an authorisation of an application for storage of poultry litter in a field heap shall not preclude service by the Department of a notice under regulation 23.

(d)the appropriate person may, within the period of 28 days from the day on which a refusal is made, appeal the refusal by the Department of the application for authorisation under paragraph (b) in accordance with the procedure set out in regulation 24.

(3) Where stored in a field, poultry litter shall not be—

(a)placed on soil that is waterlogged; or

(b)stored in a location that is flooded or likely to flood.

(4) Where stored in a field, poultry litter shall not be stored in the same location of the field in consecutive years.

(5) Where stored in a field, poultry litter shall be stored in a compact heap and such heaps shall not be placed within—

(a)100m of lakes;

(b)40m of any waterway, including open areas of water, open field drains or any drain which has been backfilled to the surface with permeable material such as stone/aggregate;

(c)50m around a borehole, spring or well;

(d)250m from any borehole used for a public water supply; or

(e)50m of exposed, cavernous or karstified limestone features (such as swallow holes and collapse features).

(6) Where stored in a field, poultry litter shall be covered with an impermeable membrane within 24 hours of placement in the field.

Amendment of regulation 20

5.  In regulation 20(2)(f) (type of records required) after the words “rented storage” insert “, authorisation for storage of poultry litter in a field heap”.

Amendment of regulation 24

6.  In regulation 24(2) (appeals against notices requiring works etc.) for “10(3)(d)” substitute “10(3)(d), 14(2)(d)”.

Amendment of regulation 25

7.—(1) Regulation 25 (offences) is amended in accordance with paragraphs (2) and (3)

(2) In paragraph (2), for “7(8) or 13(3)” substitute “7(8), 13(3) or 14(3)”.

(3) In paragraph (4), for “14” substitute “14(1), 14(2), 14(4), 14(5), 14(6)”.

Amendment of Schedule

8.  For the Schedule to the principal Regulations substitute the Schedule set out in Schedule 1 to these Regulations.

Consequential amendment of the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006

9.  For Schedule 2 (phosphorus content of organic manures) to the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006(6) substitute Schedule 2 as set out in Schedule 2 to these Regulations.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 1st June 2012

Legal seal

Mark Browne

A senior officer of the Department of Agriculture and Rural Development

Sealed with the Official Seal of the Department of the Environment on 1st June 2012

Legal seal

Wesley Shannon

A senior officer of the Department of the Environment

Regulation 8

SCHEDULE 1Schedule substituted for the Schedule to the Nitrates Action Programme Regulations (Northern Ireland) 2010

Regulations 8, 9, 10, 16

SCHEDULE

PART 1Criteria as to nutrient management

Table 1
Regulations 8(3), 9(4), 10(4) and 16(6) - The nitrogen (N) excretion rate for livestock
Livestock typeAge range (and production period where different)Body weight (kg)Occupancy % of year(1)Annual nitrogen production (kg N)
(1)

For individual farms where occupancy values differ from those given, nitrogen excretion values should be altered accordingly.

(2)

Use the suckler cow data for beef and dairy bulls.

(3)

Maiden gilts, assuming all year round accommodation.

(4)

Sows based on 2.3 lactations, covering 23% of year and dry period 77% of year. Combined output 15.9 kg N/sow/year.

(5)

Based on 0.09kg N/pig

(6)

Based on 0.29kg N/pig

(7)

Based on 2.00kg N/pig as in NAP Guidance Booklet 2011-2014 pg 62

(8)

Broilers, output per 6.6 crops/year, 40 day cycle (73 % occupancy)

(9)

Broiler breeder replacements (1000), 0-18 weeks data based on 142kg N/year, output per 18 week cycle (46% occupancy)

(10)

Replacement pullets, output per 20 week cycle. Where there is more than one cycle per year adjust the output figures proportionately

(11)

Turkeys, assuming 2.1 or 2.4 crops per year, for male and female birds respectively.

Cattle
Dairy cow57510091
Dairy heifer replacement>2 years old50010054
Beef suckler cow(2)> 2 years old50010054
Bull beef6-13.5 months3006023
Grower fattener> 2 years old50010054
Grower fattener12-24 months40010047
Grower fattener6-12 months1805012
Calf0-6 months100507
Calf to 12 months12 months18010019
Sheep
Adult ewe/ram>1 year old50-701009
Lamb0-6 months4-40501.2
Lamb6-12 months30-50503.2
Lamb to 1 year12 months4-501004.4
Pigs
Maiden gilt(3)90-13010011.1
Boar130-25010017.5
1 sow place, includes litter to 7 kg(4)130-22510015.9
Weaner (Stage 1)3-7.5 weeks7-18711.1(5)
Weaner (Stage 2)7.5-11 weeks18-35824.2(6)
Grower11-23 weeks35-105873.6(7)
Finisher11-23 weeks35-105868.3
Poultry
1000 Laying hens220098607
1000 Broiler places(8)40 days200073255
1000 Broiler breeders0-60 weeks400091/1878
1000 Broiler breeders (laying)18-60 weeks400087.5945
1000 Broiler breeder replacements(9)0-18 weeks200046142
1000 Replacement pullets(10)17 weeks160038113
1000 Turkeys (male)(11)140 days12000801284
1000 Turkeys (female)(11)120 days800080871
1000 Ducks50 days340085834
Other
Goat9
Deer (red)6 months–2 years12
Deer (red)>2 years15
Deer (fallow)6 months–2 years7
Deer fallow>2 years13
Deer (sika)6 months-2 years6
Deer (sika)>2 years10
Horse>3 years50
Horse2–3 years old44
Horse1–2 years old36
Horse foal< 1 year old25
Donkey/small pony30
Table 2
Regulations 8(4), 9(5) and 10(4) - Total nitrogen content of slurry and dirty water on a fresh weight basis
Slurry typeDry matter content (%)(1)Total nitrogen (kg/ m³)(1)
(1)

Figures in bold are the most common values.

Dairy cattle21.5
63.0
104.0
Beef cattle21.0
62.3
103.5
Pigs22.0
43.0
64.0
Separated cattle slurries (liquid portion)
Strainer box1.51.5
Weeping wall32
Mechanical separator43
Dirty water<10.3
Table 3
Regulations 8(4), 9(5) and 10(4) - Total nitrogen contained in 1 tonne of solid organic manures
Livestock manure typeDry matter content (% )Total nitrogen (kg)
Poultry
Broilers6633.0
Layers3016.0
Turkeys6030.0
Ducks256.5
Other
Cattle farmyard manure256.0
Sheep farmyard manure256.0
Pig farmyard manure257.0
Table 4
Regulation 8(2) and 10(4) - Nitrogen application standards for grassland crops
Dairy cattle(2)Other livestock(2)
(1)

This table does not imply any departure from regulation 8(1) or 9(3) which prohibit the application to the agricultural area on a holding of livestock manure in amounts which exceed 170kg N/ha/year, including that deposited by the animals themselves, or, in the case of grassland holdings granted a derogation in accordance with regulation 10, 250kg of N/ha/year, including that deposited by the animals themselves.

(2)

The dairy cattle figures (dairy cows and heifer replacements) apply where it can be demonstrated that more than 50% of the livestock manure applied to the agricultural area, both by land application and by the animals themselves, arises from dairy cattle. In all other cases the figures for other livestock will apply.

Balance of crop nitrogen requirement (kg N/ha/year) (e.g. from chemical fertiliser or organic nitrogen supply other than livestock manure)(1)272222
Table 5
Regulation 10(4) and 16(3) - Livestock manure production figures
Livestock typeBody weight (kg)Volume of excreta produce per animal per week (m³)(1)
(1)

The standard figures for slurry produced by animals do not include water for cleaning buildings.

Cattle
Dairy cow5750.37
Suckler cow5000.23
Cattle > 2 years5000.23
Cattle 1 – 2 years4000.18
Cattle 0.5 – 1 year1800.09
Calf1000.05
Sheep
Adult ewe650.03
Fattening lamb350.01
Pigs
Gilt90 – 1300.05
1 Sow and litter130 – 2250.08
1 Weaner (Stage 1)7 – 180.01
1 Grower (Stage 2)18-350.02
1 Finisher meal fed (Stage 3)35 – 1050.03
1 Finisher liquid fed (Stage 3)35 – 1050.05
Poultry
1000 laying hens0.81
Table 6
Regulations 8(6), 8(7), 9(7), 9(8) and 10(4) - Nitrogen availability in livestock manures and chemical fertilisers
FertiliserNitrogen availability (%)
Chemical100
Pig manure50
Poultry litter30
Farmyard manure30
Cattle and other livestock manure40
Table 7
Regulation 10(4) - Phosphorus (P) excretion values
Livestock typeP excretion (kg per annum)
Cattle
Dairy cow16.6
Suckler cow10.1
Breeding bull10.1
Cattle over 2 years10.1
Cattle 1-2 years7.9
Bull beef (0-13 months)7.5
Calf 6 months to 1 year3.0
Calf under 6 months1.7
Sheep
Adult ewe/ram1.0
Fattening lamb0.3
Pigs
Boar4.2
Maiden gilt5.7
Sow and litter up to weaning8.7
Pigs 18 kg – 35 kg2.0
Pigs 18 kg – 105 kg5.3
Pigs 35 kg – 105 kg3.3
Poultry
Broilers (1000)60
Male turkeys (1000)534.1
Female turkeys (1000)250.7
Fattening ducks (1000)392.4
Broiler breeders (1000)319.3
Pullets (1000)41.1
Layers (1000)237.6
Other
Horse (>3 years old)9
Horse (2-3 years old)8
Horse (1-2 years old)6
Horse foal (< 1 year old)3
Donkey/small pony5
Goat1
Deer (red) 6 months - 2 years2
Deer (red) > 2 years4
Deer (fallow) 6 months - 2 years1
Deer (fallow) > 2 years2
Deer (sika) 6 months - 2 years1
Deer (sika) > 2 years2

PART 2Criteria as to calculation of phosphorus balance

1.(1) Phosphorus balance is the difference between phosphorus inputs to the farm less the total of phosphorus outputs leaving the farm. It is calculated per unit area of agricultural land on the holding for each calendar year.

(2) Phosphorus inputs include, when imported on to the farm—

(a)the total amount of phosphorus in chemical fertiliser;

(b)the total amount of phosphorus in feedstuffs (calculated using values from Table 8); and

(c)the total amount of phosphorus in organic manure (calculated using values from Table 9).

(3) Phosphorus outputs include, when exported from the farm—

(a)the total amount of phosphorus in produce, for example, meat, milk and crops (calculated using values from Table 8); and

(b)the total amount of phosphorus in organic manure (calculated using values from Table 9).

(4) Inputs of phosphorus to agricultural land in precipitation and losses of phosphorus from the farm to surface or groundwaters are excluded from the balance calculation.

Table 8
Regulation 10(7) - Phosphorus (P) content of agricultural products and feedstuffs
Agricultural productPhosphorus content (% fresh weight)
Poultry concentrate0.5 (or actual declared content)
Pig concentrate0.48 (or actual declared content)
Ruminant concentrate0.55 (or actual declared content)
All other concentrates0.58 (or actual declared content)
Cattle0.66
Milk0.10
Sheep0.54
Wool0.04
Pigs0.50
Poultry0.58
Eggs0.22
Straw0.10
Silage0.06
Hay0.30
Potatoes0.04
Oats0.29
Barley0.30
Wheat0.26
Maize0.25
Full fat soya0.45
Linseed0.81
Rape1.10
Soya0.68
Sunflower0.93
Gluten0.96
Citrus0.1
Wheat distillers0.77
Corn distillers0.77
Peas0.44
Palm kernal0.63
Pollard1.00
Soya hulls0.14
Sugar beet0.1
Table 9
Regulation 10(7) - Phosphorus (P) content of organic manures
Livestock manure typeDry matter content (%)(1)Phosphorus content (kg P/m3)(2)
(1)

Figures in bold are the most common values.

(2)

For calculation purposes assume 1m3 of slurry weighs 1 tonne.

Dairy cattle slurry20.26
60.52
100.87
Beef cattle20.26
60.52
100.87
Pig slurry20.44
40.87
61.31
Separated cattle slurries (liquid portion)
Strainer box1.50.13
Weeping wall30.22
Mechanical separator40.52
Dry matter content (%)Phosphorus content (kg P/t)
Cattle farmyard manure251.53
Pig farmyard manure253.05
Sheep farmyard manure250.87
Duck manure252.40
Layer manure305.67
Turkey litter6010.91
Broiler litter667.00

Regulation 9

SCHEDULE 2Schedule substituted for Schedule 2 to the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006

Regulation 2(2)

SCHEDULE 2PHOSPHORUS CONTENT OF ORGANIC MANURES

Table 1

Dry MatterAvailable Phosphate (kg P2O5/m3)(1)
(1)

Figures in bold are the most common values

Dairy Slurry20.6
61.2
102.0
Beef Cattle20.6
61.2
102.0
Pig Slurry21.0
42.0
63.0
Separated cattle slurries (liquid portion)
Strainer box1.50.3
Weeping wall30.5
Mechanical Separator41.2
%(kg P2O5/t)
Cattle FYM253.5
Pig FYM257.0
Sheep FYM252.0
Duck manure255.5
Layer manure3013
Turkey litter6025
Broiler litter6616

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Nitrates Action Programme Regulations (Northern Ireland) 2010 in regard to the manner of storage of poultry litter and location of storage facilities.

Regulation 4 amends regulation 14 to require the doubling of the distances between temporary poultry litter field heaps and surface water features as well as requiring an authorisation for an individual field heap. Regulation 14 is also amended to ensure that poultry litter field heaps are not placed on soil that is water logged or in a location that is flooded or likely to flood.

Regulation 5 amends regulation 20 to include the new authorisation required by amended regulation 14 as a record that a controller must keep.

Regulation 6 amends regulation 24 to provide an appeal procedure where an application for an authorisation for temporary storage of poultry litter in a field heap is refused by the Department.

Regulation 7 amends regulation 25 to make offences for non compliance with amended regulation 14.

Regulation 8 amends the schedule to the principal Regulations to update incorrect values for nitrogen excretion rates and total nitrogen content of slurry.

Regulation 9 makes a consequential amendment to Schedule 2 to the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006 reflecting the updates to the Schedule to the Nitrates Action Programme Regulations (Northern Ireland) 2010.

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