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The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003

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1.—(1) In this Schedule–

“autumn sown crop” means–

(a)

a cover crop sown before 1st October and not removed (whether by mechanical cultivation, herbicide or grazing) before 1st December in the same year; and

(b)

a crop, not being a cover crop, sown between 1st August and 1st October in any year;

“chemical fertiliser” means nitrogen fertiliser which is manufactured by an industrial process;

“coastal waters” and “inland waters” have the same meaning as in section 30A(1) of the Control of Pollution Act 1974(1);

“cover crop” means a crop sown primarily for the purpose of taking up nitrogen from the soil and which is not harvested;

“crop requirement” means the amount of nitrogen fertiliser which it is reasonable to apply to land in any year having regard to the foreseeable nitrogen requirement of the crop growing or to be grown on the land and the nitrogen supply to the crop from the soil and from other sources, including any previous applications of livestock and other organic manures;

“fertiliser and manure plan” means a plan to assess the crop requirement for nitrogen fertiliser for each crop on each field each year and to establish the quantities of waste produced and safe methods of collection, storage and land-application;

“grassland” means land on which the vegetation consists predominantly of grass species;

“livestock” means any animal kept for use or profit;

“livestock manure” means waste products excreted by livestock or a mixture of litter and waste products excreted by livestock, even in processed form;

“nitrogen compound” means any nitrogen-containing substance other than gaseous molecular nitrogen;

“nitrogen fertiliser” means any substance containing a nitrogen compound utilised on land to enhance growth of vegetation;

“organic manure” means–

(a)

livestock manure; and

(b)

nitrogen fertiliser, not being livestock manure or chemical fertiliser, derived from organic matter,

and includes sewage sludge and other organic wastes;

“sandy” in relation to soil means sandy, sandy loamy and loamy sand soils where in the layer up to 40cm deep and in the layer between 40cm and 80cm deep, there is–

(a)

more than 50 per cent by weight of sand sized particles (that is particles more than 0.06mm and less than 2mm in diameter);

(b)

less than 18 per cent by weight of clay sized particles (that is particles less than 0.002mm in diameter); and

(c)

less than 5 per cent by weight of organic carbon;

“shallow” in relation to soil means less than 40cm deep;

“slurry” means–

(a)

excreta, including any liquid fraction, produced by livestock whilst in a yard or building; or

(b)

a mixture consisting wholly of or containing such excreta, bedding, feed residues, rainwater and washings from a building or yard used by livestock, dungsteads or middens, high level slatted buildings and weeping wall structures or any combination of these, provided such excreta is present,

of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process;

“spring sown crop” means a crop sown between 1st February and 31st July in the same year;

“year”, means, unless provided otherwise, any period of 12 months ending with 31st December,

and other expressions used in Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources(2) have the same meaning as in that Directive.

(2) For the purposes of this Schedule, material is applied to land where the material is added to the land whether by spreading on the surface of the land, injecting into the land, placing below the surface of the land or mixing with the surface layers of the land, and for the purposes of paragraph 10 below includes material deposited by livestock.

(3) In relation to a farm only part of which is in a nitrate vulnerable zone, references in this Schedule to a farm shall be taken as references to that part of the farm which is in the nitrate vulnerable zone.

(1)

1974 c. 40; section 30A was inserted by the Water Act 1989 (c. 15), Schedule 23.

(2)

O.J. No. L 375, 31.12.91, p.1.

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