PART 2
Exemptions from regulations 6(1), 7(1) and 2011
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.