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

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This is the original version (as it was originally made).

5.—(1) Subject to paragraph (4) below from 1st September 2003 a chemical fertiliser shall not be applied to land specified in paragraphs (2) and (3) below between the dates so specified in relation to that land.

(2) In relation to the area of land designated as the Moray, Aberdeenshire, Banff and Buchan nitrate vulnerable zone (1), the land and dates specified for the purposes of paragraph (1) above are–

(a)in the case of grassland, 15th September in any year and 20th February in the following year; and

(b)in the case of other land, 1st September in any year and 20th February in the following year.

(3) In relation to areas of land designated as nitrate vulnerable zones other than the area of land mentioned in paragraph (2) above, the land and dates specified for the purposes of paragraph (1) above are–

(a)in the case of grassland, 15th September in any year and 15th February in the following year; and

(b)in the case of other land, 1st September in any year and 15th February in the following year.

(4) Subject to paragraph (5) below, where, in relation to any land, taking into account the characteristics of the crop and soil, the nitrogen requirement of the crop between the dates specified in paragraphs (2) and (3) above can only be met by applying fertiliser between those dates, the occupier may apply chemical fertiliser to that land between those dates.

(5) No later than 3 days after establishing that the nitrogen requirement of the crop can only be met by applying fertiliser between the dates specified in paragraphs (2) and (3) above, the occupier shall provide evidence to the Scottish Ministers as to–

(a)the quantity of chemical fertiliser to be applied to the field, the nitrogen content of that chemical fertiliser and the date of the proposed application; and

(b)why the nitrogen requirement of the crop can only be met by applying fertiliser between those dates.

(1)

Designated as a nitrate vulnerable zone by regulation 3(1) of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002 (S.I. 2002/276).

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