The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008

PART 1 S

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008.

(2) These Regulations come into force on 1st January 2009.

(3) These Regulations extend to Scotland only.

Revocations and savings S

2.—(1) Subject to paragraph (2), the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003 M1 and the Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2003 M2 are revoked.

(2) Paragraph 18 of the Schedule to the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003 continues to apply until 31st December 2013.

Marginal Citations

M1 S.S.I. 2003/51.

M2 S.S.I. 2003/169.

Interpretation S

3.—(1) In these Regulations–

“area of high risk” means land where there is one or more of the following:–

• – a tendency to flood more often than once in 5 years,

• – drainage which has been installed in a field within the previous 12 months,

• – a tendency to being water-logged;

“catch crop” means a crop which has a short growing period and which is grown in a year between other crops which have a longer growing period;

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

[F1 “compost” means compost that—

(a)

complies with Publicly Available Specification PAS 100:2011 (Specification for composted materials) published by the British Standards Institution, and

(b)

does not contain livestock manure;]

“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 in kilograms (“kg”) 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;

[F2 “derogated farm” means a farm over which a derogation has been granted;]

[F2 “derogation” means a derogation from the annual limit of nitrogen in livestock manure that can be applied to land granted by the Scottish Ministers in accordance with regulations 14, 14A and 14B;]

[F2 “derogation application” means an application for a derogation submitted by the occupier of a farm;]

“farm” includes livestock unit;

“farmyard manure” means livestock excreta mixed with bedding material (such as straw) but does not include poultry manure other than duck manure.

[F3 “fertilisation accounts” means accounts providing such information relating to the management of nitrogen and phosphate inputs during the preceding calendar year as the Scottish Ministers may specify in accordance with regulation 25(3);]

“fertiliser and manure management plan” means a plan drawn up under regulation 5.

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

[F4 “grassland farm” means a farm where 80% or more of the agricultural area available for manure application is permanent grassland or temporary grassland (temporary implying leys of less than four years), including crops under-sown with grass but excluding grassland with 50% or more clover;]

[F4 “grazing livestock” means cattle (with the exclusion of veal calves), sheep, deer, goats and horses;]

“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;

[F5 “nitrate vulnerable zone” means any area of land designated as a nitrate vulnerable zone by regulation 2 of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2015;]

“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;

“organic manure with high available nitrogen content” means organic manure in which more than 30 per cent (“%”) of the total nitrogen content of the manure will be released in the year in which it is spread on land (such as cattle and pig slurry, poultry manure and liquid digested sludge);

[F6 “phosphate fertiliser” means any substance containing one or more phosphate compounds used on land to enhance growth of vegetation and includes organic   manure;]

“poultry manure” means a mixture of excreta produced by poultry and bedding material, unless the contrary is specified;

“sandy”, in relation to soil, means sandy, sandy loamy and loamy sand soils where in the layer up to 40 centimetres (“cm”) 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 0.06 millimetres (“mm”) 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;

“seasonal let” means either a lease for grazing or mowing as defined in section 3 of the Agricultural Holdings (Scotland) Act 2003 M3 or a short limited duration tenancy as defined in section 4 of that Act for a period of no more than 2 years;

“shallow”, in relation to soil, means less than 40cm depth to rock;

[F7 “silage effluent” has the meaning given in [F8 Part 2 of schedule 3 of the Water Environment (Controlled Activities) (Scotland) Regulations 2011];]

“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 manure heaps, 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;

[F9 “soil nutrient status” means soil acidity and plant available concentrations of phosphorous, potassium and magnesium in the soil;]

[F9 “soil type” means the soil types listed in Table 1 of Schedule 3;]

“solid manure” means organic manure which can be stored or stacked in a freestanding heap without slumping and does not produce free drainage of liquid from within the stacked material;

“surface water” has the same meaning as it has in section 3(3) of the Water Environment and Water Services (Scotland) Act 2003 M4 ;

“water environment” has the same meaning as it has in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003; and

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

(2) Expressions which are used both in these Regulations and in Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources M5 are to have the same meaning in these Regulations as they have in the Directive.

(3) For the purposes of these Regulations, 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 regulation 14 material deposited by livestock also constitutes material applied to land.

(4) In relation to a farm only part of which is in a nitrate vulnerable zone, references in these Regulations to a farm (other than references in paragraph (5)) shall be taken as references to that part of the farm which is in the nitrate vulnerable zone.

(5) Where a seasonal let of part of a farm is granted, the existence of that let shall be disregarded in ascertaining who is the occupier of the farm for the purposes of these Regulations.

Textual Amendments

F1 Words in reg. 3(1) inserted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 3(2)

F2 Words in reg. 3 inserted (24.1.2010) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (S.S.I. 2009/447), regs. 1, 3(2)

F3 Words in reg. 3 inserted (24.1.2010) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (S.S.I. 2009/447), regs. 1, 3(3)

F4 Words in reg. 3 inserted (24.1.2010) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (S.S.I. 2009/447), regs. 1, 3(4)

F5 Words in reg. 3(1) substituted (1.1.2016) by The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2015 (S.S.I. 2015/376), regs. 1(1), 5(2)

F6 Words in reg. 3 inserted (24.1.2010) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (S.S.I. 2009/447), regs. 1, 3(5)

F7 Words in reg. 3(1) inserted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 3(3)

F8 Words in reg. 3(1) substituted (1.1.2022) by The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/412), regs. 1(2), 8

F9 Words in reg. 3(1) inserted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 3(4)

Marginal Citations

M3 2003 asp 11.

M4 2003 asp 3.

M5 O.J. No. L 375, 31.12.91, p.1.

PART 2 S

General application and duties S

4.—(1) These Regulations apply to any farm which is in a nitrate vulnerable zone.

(2) The occupier must ensure that this Part is implemented in relation to such a farm.

Fertiliser and manure management plan S

5.—(1) Before 1st March each year, a fertiliser and manure management plan must be prepared in respect of the farm for that year.

(2) The purpose of the plan is to assess the crop requirement for nitrogen fertiliser for each crop on each field each year and to establish the quantities of livestock manure produced and safe methods of collection, storage and land application.

(3) A fertiliser and manure management plan must consist of–

(a) a risk assessment plan in respect of organic manure;

(b) a calculation of the capacity of storage facilities for livestock manure required on the farm; F10 ...

(c) a calculation of the quantity of nitrogen fertiliser required in relation to each crop on the farm; [F11 and

(d) in respect of derogated farms, in addition to the requirements of sub-paragraphs (a) to (c)—

(i) a note of the number of livestock and a description of the housing and storage system that includes the volume of manure storage available;

(ii) a calculation of manure nitrogen (less losses in housing and storage) and phosphate produced in the farm;

(iii) a description of the crop rotation and area of each crop, including a sketch map indicating location of individual fields;

(iv) a calculation of the foreseeable nitrogen and phosphate crop requirements;

(v) a note of the amount and the type of manure delivered outside the farm or to the farm;

(vi) the results of soil analysis related to nitrogen and phosphate soil status, if available;

(vii) a note of the nitrogen and phosphate application from manure over each field; and

(viii) a calculation of the application of nitrogen and phosphate with chemical and other fertilisers over each field.]

(4) A risk assessment plan must contain a map of the farm, which must clearly show–

(a) the delineation of every field;

(b) the area of every field in hectares;

(c) the location of all surface water, wells and boreholes or similar work sunk into underground strata for the purpose of providing a water supply;

(d) any area of land with a slope of 12 degrees or more;

(e) the location of any field heaps; and

(f) any other area of high risk to the water environment.

(5) No nitrogen fertiliser is to be applied to any crop in any year prior to the calculation under paragraph (3)(c) being completed for that crop and that year.

[F12 (6) Fertiliser and manure management plans in respect of derogated farms shall be revised no later than 7 days after any changes in agricultural practice at the farm.]

Textual Amendments

F10 Word in reg. 5(3)(b) omitted (24.1.2010) by virtue of The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (S.S.I. 2009/447), regs. 1, 4(2)

F11 Reg. 5(3)(d) and preceding word inserted (24.1.2010) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (S.S.I. 2009/447), regs. 1, 4(3)

F12 Reg. 5(6) inserted (24.1.2010) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (S.S.I. 2009/447), regs. 1, 4(4)

[F13 Storage of livestock manure and silage effluent S

6.— (1) Subject to regulations 7 to 11, the capacity of storage facilities for livestock manure and silage effluent on a farm must be sufficient to store all livestock manure and silage effluent which is likely to require to be stored on the farm for such period as may be required to secure compliance with these Regulations and to avoid pollution of the water environment.

(2) Storage facilities for livestock manure and silage effluent must—

(a) be maintained free from structural defects; and

(b) be of such standard as is necessary to prevent run off or seepage, directly or indirectly, to the soil or into the water environment.]

Textual Amendments

F13 Reg. 6 substituted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 4

Modifications etc. (not altering text)

C1 Reg. 6(1) modified (temp.) (1.1.2016) by The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2015 (S.S.I. 2015/376), regs. 1(1), 4

Storage of slurry from housed pigs and housed cattle and manure from housed poultry S

7.—(1) A farm must have capacity to store the total quantity of slurry likely to be produced by housed pigs or housed cattle and manure from housed poultry calculated by adding up the total figures produced for each type of livestock, in accordance with paragraph (2).

(2) The quantity referred to in paragraph (1) shall be calculated–

(a) in the case of slurry produced by housed pigs, by adding the totals for each type of housed pig on the farm, in accordance with the following formula–

where–

X represents the number of pigs by type on the farm (but excluding pigs housed in a straw bedded system), and

Y represents the daily excreta figure per pig of that type set out in column 2 of table 1 in Schedule 1; and

(b) in the case of slurry produced by housed cattle, by adding the totals for each type of housed cattle on the farm, in accordance with the following formula–

where–

A represents the number of cattle by type that are housed in a slurry based system on the farm (but excluding cattle housed in a straw bedded system), and

B represents the daily excreta figure per head of cattle set out in column 2 of table 1 in Schedule 1; and

(c) in the case of manure produced by housed poultry, by adding the totals for each type of housed poultry on the farm, in accordance with the following formula–

where–

X represents the number of housed poultry by type on the farm, and

Y represents the daily excreta figure per head of that type of housed poultry set out in column 2 of table 1 in Schedule 1.

(3) In calculating the minimum capacity of storage facilities necessary to comply with paragraph (1) the following figures shall be included:–

(a) for rainfall, the quantity of any rainfall that is likely to enter storage facilities (directly or indirectly) during collection or storage;

(b) for cleaning water, the quantity of any cleaning water that is likely to enter storage facilities, using the relevant figures set out in columns 3 and 4 of the table in Schedule 2, unless a lesser amount can be shown to apply.

(4) In calculating the minimum capacity of storage facilities for poultry manure under this regulation, a deduction may be made for any such manure stored or to be stored in any field heap under regulation 10.

(5) In every case where slurry or manure is produced and stored on the farm, a calculation under paragraph (2) must be made, notwithstanding any exemption to paragraph (1) claimed under regulation 11.

Modifications etc. (not altering text)

C2 Reg. 7(1) modified (temp.) (1.1.2016) by The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2015 (S.S.I. 2015/376), regs. 1(1), 4

Exclusions from storage capacity S

8.  In calculating the quantity of livestock manure for the purposes of regulations 6 and 7 the following may be disregarded–

(a) any solids to be removed from slurry, other than pig slurry, by means of a slurry separator, up to a maximum of 20% of the total slurry produced;

(b) any solids to be removed from pig slurry, by means of a slurry separator, up to a maximum of 10% of the total slurry produced;

(c) any quantity of livestock manure to be moved off the farm;

(d) any quantity of livestock manure to be transferred to a person authorised under [F14 the Pollution Prevention and Control (Scotland) Regulations 2012] or [F15 the Waste Management Licensing (Scotland) Regulations 2011] for the collection, recovery or disposal of the manure;

(e) any quantity of livestock manure to be disposed of under contract to a manure processing facility or to an approved treatment or recovery outlet.

Textual Amendments

F14 Words in reg. 8(d) substituted (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations2012 (S.S.I. 2012/360), reg. 1(2), Sch. 11 para. 20(2) (with reg. 71)

F15 Words in reg. 8(d) substituted (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), Sch. 6 para. 10

Storage of [F16 livestock manure (other than slurry)] S

9.  Subject to regulation 10 the storage of [F16 livestock manure (other than slurry)] must–

(a) be only on an impermeable surface which prevents drainage to the water environment; and

(b) either–

(i) be covered by a waterproof covering; or

(ii) have a run-off facility with a means of collecting, storing and recovering run-off water and particulate matter.

Textual Amendments

F16 Words in reg. 9 substituted (1.1.2009) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2008 (S.S.I. 2008/394), regs. 1(1), 2(2)

Temporary storage of solid manure S

10.—(1) Solid manure may be temporarily stored on land otherwise than in accordance with regulation 9 immediately prior to being applied to land but must not be stored–

(a) in any field heap for more than 12 consecutive months; or

(b) on the site of any previous field heap unless at least 24 months have passed since the site was last cleared.

[F17 (2) No field heap may be located—

(a) within 10 metres of any body of surface water;

(b) within 50 metres of any well, borehole or similar work sunk into underground strata for the purpose of providing a water supply;

(c) on any area of land that—

(i) slopes down toward a body of surface water; and

(ii) has a slope of 12 degrees or more;

(d) in any area identified on the risk assessment map prepared under regulation 5(4) as being of high risk to the water environment; or

(e) in any other location where there is a significant risk of nitrogen from the field heap entering a body of surface water.]

(3) Any solid poultry manure that is not mixed with bedding material stored under this regulation must be covered by a waterproof covering.

Textual Amendments

F17 Reg. 10(2) substituted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 5(2)

Exemptions from regulations 6(1), 7(1) and 20 S

11.—(1) Subject to the provisions of this regulation–

(a) regulations 6(1) and 7(1) do not apply where the storage capacity on a farm on 1st January 2009 is not sufficient to allow compliance with those regulations; and

(b) regulation 20 does not apply where the storage capacity on a farm on that date means that some or all of the slurry collected on the farm can only be applied to land on the farm in contravention of that regulation, due to it not being reasonably practicable for that slurry to be removed from the farm.

(2) Exemption under sub-paragraph (a) of paragraph (1) lasts until whichever is the earlier of–

(a) the capacity becoming sufficient to allow compliance with regulations 6(1) and 7(1);

(b) 1st January 2012.

(3) Exemption under sub-paragraph (b) of paragraph (1) lasts until whichever is the earlier of–

(a) the capacity becoming sufficient so that regulation 20 can apply without the consequences referred to in that sub-paragraph;

(b) 1st January 2012.

(4) An exemption under paragraph (1) applies–

(a) in respect of 2009, only if a written notification is given to the Scottish Ministers as soon as practicable after 1st January 2009 and in any case no later than 31st March 2009; and

(b) in respect of any subsequent year, only if a written notification is given to the Scottish Ministers by 1st January in the year in question.

(5) Any notification under paragraph (4) must set out–

(a) whether exemption under sub-paragraph (a) or (b) of sub-paragraph (1) (or under both sub-paragraphs) applies; and

(b) the action being taken towards making the storage capacity on the farm comply with regulation 7.

(6) As long as regulation 20 does not apply to a farm in terms of this regulation no organic manure with high available nitrogen content is to be applied to any crop on that farm between 1st and 31st October.

Maximum application of nitrogen fertiliser S

12.—(1) The amount of nitrogen fertiliser applied on the farm to any crop must not at any time exceed the maximum figure allowed for the crop type, calculated under this regulation.

(2) Before planting any crop referred to in column 1 of table 1 in Schedule 3 on any area of land on the farm, the maximum nitrogen which can be applied to that crop for that area shall be calculated, by using the appropriate figures based on the standard yield in that table for:–

(a) the crop grown immediately previously;

(b) soil type; and

(c) any other relevant adjustments allowed, if selected for inclusion.

(3) Before planting any crop which is managed grassland of a type referred to in column 1 of table 3 of Schedule 3, the maximum nitrogen which can be applied to that crop shall be calculated by identifying the appropriate site class by using table 2 of Schedule 3, and using that site class to calculate the appropriate figure in table 3 of that Schedule.

[F18 (4) Before planting any crop which is not referred to in paragraph (2) or (3), the maximum amount of nitrogen fertiliser which can be applied to that crop shall be calculated in accordance with the recommendations for that crop type specified in—

(a) the Scottish Agricultural College’s Technical Note TN651 (Nitrogen recommendations for cereals, oilseed rape and potatoes);

(b) the Scottish Agricultural College’s Technical Note TN623 (Fertiliser recommendations for soft fruit and rhubarb crops); or

(c) the Scottish Agricultural College’s Technical Note TN649 (Fertiliser recommendations for vegetable, minority arable crops and bulbs),

and no nitrogen shall be applied in excess of that figure.]

(5) For each crop to be grown on the farm, a total sum of all the individual figures for that crop produced under paragraphs (2), (3) or (4) shall be calculated, to show the overall maximum nitrogen figure which may be applied to each crop on the farm.

(6) Subject to the other provisions in these Regulations, the overall figure calculated under paragraph (5) for each crop may be applied to that crop even in excess of the individual figure for the individual area calculated under paragraphs (2), (3) or (4), as long as the overall amount applied to the crop type on the farm does not at any time exceed the sum in paragraph (5).

[F19 (7) Where the calculation of the maximum amount of nitrogen fertiliser that may be applied on the farm to a crop has been adjusted upwards in accordance with paragraph (2)(c) and Schedule 3 based on an expected yield, the expected yield must be based upon—

(a) evidence of historic yields previously achieved by that crop at that farm; or

(b) where a new crop management system is to be introduced for that crop at that farm, evidence from another farm within the same nitrate vulnerable zone with similar soil type and soil nutrient status of historic yields previously achieved by that crop at that other farm using that crop management system.]

Textual Amendments

F18 Reg. 12(4) substituted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 6(2)

F19 Reg. 12(7) inserted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 6(3)

Minimum nitrogen available to crop from livestock manure S

13.—(1) In calculating the overall quantity of nitrogen fertiliser which may be applied in accordance with these Regulations, the percentage of nitrogen taken up by the crop from any given quantity of livestock manure shall be calculated in accordance with table 4 of Schedule 3, using the appropriate figures for manure type, method of application, total nitrogen content of the manure, percentage of dry matter in the manure and soil type.

(12) Notwithstanding paragraph (1) the percentage of nitrogen shall be no less than the relevant figure in table 5 of Schedule 3.

Annual farm limit of nitrogen in livestock manure S

14.—(1)  [F20 Subject to paragraph (4),] in any year the total nitrogen in livestock manure applied to the utilisable agricultural land area of the whole farm, whether directly by an animal or by spreading, must not exceed 170 kg per hectare (“ha”) of that area.

(2) For the purposes of this regulation, and subject to paragraph (3), any calculation of the amount of nitrogen contained in livestock manure from animals on the farm shall be carried out using the appropriate figures in table 1 of Schedule 1, and for livestock manure brought onto the farm, shall be carried out using the appropriate figures in table 2 of that Schedule.

(3) Paragraph (2) does not apply where the occupier provides evidence to the Scottish Ministers, based on such scientific evidence as the Scottish Ministers consider satisfactory, that the total nitrogen contained in the livestock manure to be applied to all land on the farm will not exceed the limit specified in paragraph (1).

[F21 (4) The occupier of any grassland farm within a nitrate vulnerable zone may apply to the Scottish Ministers for a derogation from the annual farm limit of nitrogen in livestock manure specified in paragraph (1).

(5) Any derogation granted shall last until the conclusion of the calendar year to which it relates, and shall be subject to renewal.

(6) Where the Scottish Ministers grant a derogation, the total annual amount of nitrogen in livestock manure from grazing livestock applied to the derogated farm, whether directly by an animal or by spreading, must not exceed 250kg multiplied by the area of the derogated farm in hectares.

(7) Any application for a derogation shall be made in accordance with regulation 14A and any grant of a derogation shall be subject to the conditions of regulation 14B.]

Textual Amendments

F20 Words in reg. 14(1) inserted (24.1.2010) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (S.S.I. 2009/447), regs. 1, 5(2)

F21 Reg. 14(4)-(7) inserted (24.1.2010) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (S.S.I. 2009/447), regs. 1, 5(3)

[F22 Application for a derogation from the annual farm limit of nitrogen in livestock manure S

14A.— (1) The occupier of any grassland farm within a nitrate vulnerable zone who wishes to apply to the Scottish Ministers for a derogation must submit an application—

(a) by 30th April of the calendar year to which the application pertains (in respect of applications other than those pertaining to 2009);

(b) by 31st January 2010 in respect of applications pertaining to 2009.

(2) The Scottish Ministers must publish electronically the manner and form in which the derogation application must be made.

(3) Where the farm in respect of which a derogation is applied for benefited from a derogation during the calendar year preceding that to which the application relates, the application shall be accompanied by the fertilisation accounts for that preceding calendar year.

(4) The Scottish Ministers must approve or refuse a derogation application within 21 days from its receipt and notify the applicant of the decision in writing.

(5) Where the Scottish Ministers refuse a derogation application, they shall give the occupier reasons for the refusal.]

Textual Amendments

F22 Regs. 14A, 14B inserted (24.1.2010) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (S.S.I. 2009/447), regs. 1, 6(1)

[F22 Conditions of a derogation from the annual farm limit of nitrogen in livestock manure S

14B.   A derogation shall be subject to the following conditions—

(a) total nitrogen inputs shall not exceed the foreseeable nutrient demand of the considered crop, taking into account the supply from the soil;

(b) livestock manure shall not be spread in the autumn before grass cultivation;

(c) grass on sandy soils, if ploughed, shall only be ploughed in spring;

(d) ploughed grass on all soil types shall be followed immediately by a crop with high nitrogen demand;

(e) crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen, other than clover in grassland with less than 50% clover or leguminous plants under-sown with grass;

(f) nitrogen and phosphate soil sampling and analysis shall be carried out at least once every four years for, as a minimum, every five hectares of the farm that, having regard to crop rotation and soil characteristics, can reasonably be considered homogeneous; and

(g) fertilisation accounts for each calendar year for which a derogation is granted shall be prepared and submitted to the Scottish Ministers by 30^th April of the following year.]

Textual Amendments

F22 Regs. 14A, 14B inserted (24.1.2010) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (S.S.I. 2009/447), regs. 1, 6(1)

Annual field limit of nitrogen in organic manure S

15.—(1) Organic manure [F23 (other than compost)] shall not be applied to any field where the application would result in the total nitrogen contained in organic manure [F23 (other than compost)] applied in any 12 month period to any field exceeding a rate of 250 kg per hectare excluding that deposited by animals whilst grazing.

[F24 (1A) Compost shall not be applied to any field where the application would result in the total nitrogen contained in organic manure (including compost) applied to any field in any 24 month period exceeding a rate of 500 kg per hectare, excluding that deposited by animals whilst grazing.]

(2) For the purposes of this regulation, and subject to paragraph (3), any calculation of the amount of nitrogen contained in livestock manure shall be carried out using the appropriate figures contained in table 2 in Schedule 1.

(3) Paragraph (2) does not apply where the occupier provides evidence to the Scottish Ministers based on such scientific evidence as the Scottish Ministers consider satisfactory, that the total nitrogen contained in the livestock manure to be applied to all land on the farm, will not exceed the limit specified in paragraph (1).

Textual Amendments

F23 Words in reg. 15(1) inserted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 7(2)

F24 Reg. 15(1A) inserted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 7(3)

Application of nitrogen fertiliser S

16.—(1) Nitrogen fertiliser must be applied to land in as accurate a manner as is practicably possible consistent with good agricultural practice.

(2) Nitrogen fertiliser must not be applied to any land if–

(a) the soil is waterlogged;

(b) the land is flooded;

(c) the soil has been frozen for 12 hours or longer in the preceding 24 hours; or

(d) the land is covered by snow.

(3) Nitrogen fertiliser must not be applied to any land if there is a significant risk of nitrogen entering surface water, taking into account–

(a) the slope of the land, particularly if greater than 12 degrees;

(b) any ground cover;

(c) proximity to any surface water;

(d) weather conditions; and

(e) the type of fertiliser being applied.

Application of chemical fertiliser S

17.  Chemical fertiliser must not be applied to any land in any case, location or manner that makes it likely that the fertiliser will directly enter any surface water.

Application of organic manure S

18.—(1) Organic manure must not be applied to any land which is situated within–

(a) 10 metres of any surface water; or

(b) 50 metres of any well, borehole or similar work sunk into underground strata for the purposes of any water supply.

Closed period for chemical fertilisers S

19.—(1) Subject to paragraph (4), a chemical fertiliser must not be applied to land specified in paragraphs (2) and (3) on or between the dates so specified in relation to that land.

(2) In relation to the area of land designated as the Aberdeenshire, Banff, Buchan and Moray nitrate vulnerable zone M6 , the land and dates specified for the purposes of paragraph (1) 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) M7 , the land and dates specified for the purposes of paragraph (1) 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) Where the fertiliser and manure management plan demonstrates that the nitrogen requirement of the following crops can only be met by applying chemical fertiliser on any dates on which that application is otherwise prohibited by this regulation, such fertiliser may be applied up to the following maximum limits–

(a) for brassicas 100 kg per hectare;

(b) for winter oilseed rape the amount set out in table 1 of Schedule 3, taking into account the previous crop, crop yield and soil type.

Marginal Citations

M6 Designated as a nitrate vulnerable zone by regulation 3 of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002 (S.S.I. 2002/276).

M7 Designated as a nitrate vulnerable zone either by regulation 3 of S.S.1. 2002/276 or regulation 3 of S.S.I. 2002/546.

Closed periods for organic manure with high available nitrogen content S

20.—(1) Organic manure with high available nitrogen content must not be applied–

(a) on or between 1st September and 31st December, to grassland which is situated on sandy or shallow soil; or

(b) on or between [F25 15th October and 31st January] to grassland which is situated on any other soil;

(c) on or between 1st August and 31st December to land which is not grassland and which is situated on sandy or shallow soil; or

(d) on or between [F26 1st October and 31st January] to land which is not grassland, and which is situated on any other soil.

(2) In a case where the prohibition in paragraph (1)(c) applies, organic manure with high available nitrogen content may nevertheless be applied–

(a) up to and including 15th September if the land is sown with a cereal crop before that date, and

(b) up to and including 30th September if the land is sown with oilseed rape, a catch crop or a cover crop before that date.

Textual Amendments

F25 Words in reg. 20(1)(b) substituted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 8(2)

F26 Words in reg. 20(1)(d) substituted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 8(3)

Modifications etc. (not altering text)

C3 Reg. 20 modified (temp.) (1.1.2016) by The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2015 (S.S.I. 2015/376), regs. 1(1), 4

Closed periods – quantitative restrictions S

21.—(1) Organic manure with high available nitrogen content must not be applied to land in excess of the maximum quantities set out in column 2 of the table in Schedule 4 in relation to the relevant manure during the following periods–

(a) 4 weeks prior to the first day on which regulation 20 prohibits the application of such manure; and

(b) from the day following the last day of that prohibition until 14th February, both dates inclusive.

(2) In any period during which a prohibition imposed by paragraph (1) applies in respect of land, there may be applied to that land only one of the types of organic manure specified in column 1 of that table.

Closed periods for spreading on bare ground and stubble S

22.  Organic manure with high available nitrogen content may only be applied to bare ground and stubble during the months of July, August and September if the land to which it is applied is drilled with a crop within 6 weeks of the first application.

Minimum period between applications of livestock manure S

23.  A period of at least 3 weeks must elapse between each completed application of livestock manure to an area on the farm.

Restriction on method of application of slurry S

24.—(1) From 1 July 2009, slurry may not be applied to land by means of high trajectory raised splash plates.

(2) Paragraph (1) does not apply to the application of slurry to land on which arable crops are growing.

PART 3 S

Records to be kept S

25.—(1) Subject to paragraph (2), the occupier must keep records which must be sufficient to enable any person inspecting those records readily to ascertain–

(a) the area of the farm;

(b) for each field on the farm–

(i) the area of the field;

(ii) the soil type in the field;

(iii) the quantity of each type of nitrogen fertiliser applied in relation to each crop;

(iv) the type of any crop grown and the date the crop was sown;

(v) the date of application of each type of nitrogen fertiliser applied in relation to each crop;

(c) the number of livestock kept on the farm, their species and type, and the length of time kept on the farm;

(d) the quantity of each type of livestock manure (whether farmyard manure, slurry, poultry manure, or other livestock manure) produced on the farm and the nitrogen content of such manure which is retained and used on the farm;

(e) the quantity and nitrogen content of each type of livestock manure (whether farmyard manure, slurry, poultry manure, or other livestock manure ) moved off the farm, the date of that movement and the name and address of the person receiving it;

(f) the quantity and nitrogen content of each type of organic manure moved onto the farm, the date of that movement and the name and address of the supplier;

(g) the quantity and type of chemical fertiliser brought onto the farm, used on the farm and retained on the farm; [F27 and

(h) the location of any field heaps.]

[F28 (2) The occupier of a derogated farm must, in addition to the records to be kept under paragraph (1), keep records of—

(a) the derogation application and decision;

(b) the fertiliser and manure management plan referred to in regulation 5;

(c) fertilisation accounts; and

(d) the results of nitrogen and phosphate analysis in soil referred to in regulation 14B.

(3) The Scottish Ministers must publish electronically the manner and form in which fertilisation accounts must be prepared and submitted.

(4) The records referred to in paragraphs (1) and (2) must be kept for each year.]

Textual Amendments

F27 Reg. 25(1)(h) and preceding word inserted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 9(2)

F28 Reg. 25(2)-(4) substituted for reg. 25(2) (24.1.2010) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (S.S.I. 2009/447), regs. 1, 7(2)

Records to be retained S

26.  The occupier must retain any record kept for the purposes of regulation 25 for a period of [F29 3 years] from the end of the year to which it relates.

Textual Amendments

F29 Words in reg. 26 substituted (15.5.2013) by The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (S.S.I. 2013/123), regs. 1(2), 10(2)

Inspections S

27.—(1) The occupier must permit any person authorised by the Scottish Ministers (“ the authorised person”), accompanied by such persons as appear to the authorised person to be necessary for the purpose, at all reasonable times, for the purpose of monitoring implementation of these Regulations or of assessing their effectiveness in reducing water pollution caused or induced by nitrates from agricultural sources and preventing further such pollution–

(a) to enter upon land;

(b) to take samples;

(c) to install and maintain equipment;

(d) to examine all records kept under these Regulations.

(2) The occupier must give all reasonable assistance to any person acting by virtue of paragraph (1) above and in particular must–

(a) produce for inspection such document or record as may be reasonably required by that person; and

(b) at the reasonable request of that person, accompany that person in making any inspection of any land.

Serving of notices S

28.—(1) Where the Scottish Ministers are of the opinion that an occupier has contravened a requirement imposed by these Regulations, they may serve a notice on the occupier in accordance with paragraph (2).

(2) A notice must–

(a) require the occupier upon whom it is served to carry out such works or to take such precautions and other steps as the Scottish Ministers consider appropriate in order to remedy, or to prevent the continuation or repetition of, any contravention to which the notice relates;

(b) state the period within which any such requirement is to be complied with; and

(c) inform the occupier on whom it is served of any right of appeal under these Regulations.

(3) The period stated in the notice for compliance with any such requirement must be such period as is reasonable in the circumstances and must not in any case be a period of fewer than 28 days.

(4) The Scottish Ministers may at any time–

(a) withdraw the notice;

(b) extend the period for compliance with any requirement of the notice; or

(c) modify the requirements of the notice.

(5) Unless a modification of the requirements of a notice is consented to by the occupier or is made in consequence of a direction under regulation 29(6), the modification is to impose no greater burden on the occupier than the notice did before modification.

Appeals against notices S

29.—(1) An occupier served with a notice under regulation 28 may within the period of 28 days beginning with the day on which that notice is served appeal to the Scottish Land Court M8 on the grounds set out in paragraph (3).

(2) An appeal shall be made by the appellant in such form as may be specified by the Scottish Land Court.

(3) An appeal may be made on one or more of the following grounds–

(a) the contravention did not occur;

(b) any requirement imposed by the notice is inadequately specified in it;

(c) any requirement imposed by the notice is not necessary to remedy, or to prevent the continuation or repetition of, the contravention to which the notice relates; or

(d) any requirement imposed by the notice is not appropriate to achieve compliance with these Regulations and the appellant contends that any such requirement should be modified.

(4) Where an appellant contends that the notice should be modified, the grounds of appeal must give such detail of the modification proposed as will adequately indicate the nature, extent and cost of that modification.

(5) The Chairman of the Scottish Land Court may make such arrangements as are considered appropriate for the hearing of appeals under these Regulations and such arrangements may permit the Chairman or any member of the Court to determine the whole or any part of an appeal.

(6) On determining an appeal under this regulation the Court may direct the Scottish Ministers to withdraw the notice, to modify any of the requirements of the notice, to extend the period for compliance or to dismiss the appeal.

(7) The requirement to comply with a notice under regulation 28 shall be suspended until the date on which the Court finally intimates its determination of the appeal or the date on which the appeal is withdrawn.

Marginal Citations

M8 The Scottish Land Court, established by section 3 of the Small Landholders (Scotland) Act 1911, and continued in being under section 1 of the Scottish Land Court Act 1993 (c. 45).

Offences – general S

30.—(1) Any person who fails to comply with–

(a) regulation 4, 25 or 26, or

(b) a requirement imposed by a notice served under regulation 28,

is guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.

(2) Any person who fails to comply with regulation 27 is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Offences by directors, etc. S

31.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of–

(a) any director, manager, secretary of other similar officer of the body corporate; or

(b) any person purporting to act in such capacity,

that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) For the purpose of paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Where an offence under these Regulations is committed by a partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew's House,

Edinburgh