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

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.

[F1 (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).

[F2 (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

F1 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)

F2 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)