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The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009

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Citation and commencement

1.  These Regulations may be cited as the Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 and come into force on 24th January 2010.

Amendments to the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008

2.  The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008(1) are amended in accordance with regulations 3 to 9.

Amendment of regulation 3

3.—(1) Regulation 3 (interpretation) is amended as follows.

(2) After the definition of “crop requirement” insert—

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

“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;

“derogation application” means an application for a derogation submitted by the occupier of a farm;.

(3) After the definition of “farmyard manure” insert—

“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);.

(4) After the definition of “grassland” insert—

“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;

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

(5) After the definition of “organic manure with high available nitrogen content” insert—

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

Amendment of regulation 5

4.—(1) Regulation 5 (fertiliser and manure management plan) is amended as follows.

(2) Omit “and” where it appears at the end of regulation 5(3)(b).

(3) After regulation 5(3)(c), insert—

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) After regulation 5(5), insert—

(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..

Amendment of regulation 14

5.—(1) Regulation 14 (annual farm limit of nitrogen in livestock manure) is amended as follows.

(2) At the beginning of paragraph (1), insert “Subject to paragraph (4),”.

(3) After paragraph (3), insert—

(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..

Insertion of regulations 14A and 14B

6.—(1) After regulation 14, insert—

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

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.

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

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 30th April of the following year..

Amendment of Regulation 25

7.—(1) Regulation 25 (records to be kept) is amended as follows.

(2) For regulation 25(2) substitute—

(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..

Amendment of Schedule 1

8.—(1) Schedule 1 (calculation of nitrogen (“N”) in livestock manure) is amended as follows.

(2) Omit the heading “Calculation of nitrogen (‘N’) in livestock manure” and substitute “Calculation of nitrogen (‘N’) and phosphate (‘P2O5’) in livestock manure”.

(3) For Table 1, substitute—

Table 1

Standards for the volume of excreta, nitrogen and phosphate in manure produced by livestock

Pigs

Daily Excreta (litres per animal/day)

Daily Nitrogen production (grams per animal/day)

Daily Phosphate production (grams per animal/day)

Weight
From 7 to 13kg1.34.11.3
From 13 to 31kg2.014.26.0
From 31 to 66kg—
Dry fed3.72412.1
Liquid fed7.12412.1
From 66kg and—
intended for slaughter—
dry fed5.13317.9
liquid fed10.03317.9
sow intended for breeding that has not yet had its first litter (maiden gilt)5.63820.0
sow (including litter up to 7kg) fed on a diet supplemented with synthetic amino acids10.94437.0
sow (including litter up to 7kg) fed on a diet without synthetic amino acids10.94937.0
Breeding boar from 66kg up to 150kg5.13317.9
Breeding boar, from 150kg8.74828.0

Cattle

Daily Excreta (litres per animal/day)

Daily Nitrogen production (grams per animal/day)

Daily Phosphate production (grams per animal/day)

(a)

Castrated males.

Calf (all categories) up to 3 months7.02312.7
Dairy cow
From 3 months up to 13 months209534
From 13 months up to first calf4016769
After first calf and—
annual milk yield more than 9000 litres64315142
annual milk yield between 6000 to 9000 litres53276121
annual milk yield less than 6000 litres4221193
Beef cows or steers(a)
From 3 up to 13 months209133
From 13 up to 25 months2613743
Over 25 months—
Females or steers for slaughter3213760
Females for breeding—
weighing 500kg or less3216765
weighing more than 500kg4522786
Bulls
non-breeding, 3 months and over2614824
Breeding
From 3 up to 25 months2613743
Over 25 months2613260

Sheep

Daily Excreta (litres per animal/day)

Daily Nitrogen production (grams per animal/day)

Daily Phosphate production (grams per animal/day)

(a)

In the case of a ewe, this figure includes one or more suckled lambs until the lambs are aged six months.

From 6 months up to 9 months old1.85.50.76
From 9 months old to first lambing, first tupping or slaughter1.83.92.1
After lambing or tupping(a)
weight up to 60kg3.3218.8
weight over 60kg5.03310

Goats, deer and horses

Daily Excreta (litres per animal/day)

Daily Nitrogen production (grams per animal/day)

Daily Phosphate production (grams per animal/day)

Goat3.54118.8
Deer
Breeding5.04217.6
Other3.53311.7
Horse245856

Poultry

Daily Excreta(a) (kilograms per bird/day)

Daily Nitrogen production (grams per bird/day)

Daily Phosphate production (grams per bird/day)

(a)

This figure includes litter as appropriate..

Laying chicken
up to 17 weeks0.040.640.47
17 weeks and over (caged)0.121.131.0
17 weeks and over (free range)0.121.51.1
Broiler chicken (table)0.061.060.72
Broiler chicken (breeder)—
up to 25 weeks0.040.860.78
25 weeks and over0.122.021.5
Turkey
Male0.163.743.1
Female0.122.832.3
Duck0.102.482.4
Ostrich1.63.8318.5

Amendment of Schedule 3

9.—(1) Schedule 3 (calculation of maximum nitrogen application to crops) is amended as follows.

(2) For Table 1, substitute—

Table 1

Nitrogen Residue Group 1 – Previous Crops in Nitrogen Residue Group 1 are: cereals, carrots, swedes, turnips (removed) & linseed

Predominant Soil Type in Field

Planned crop

Standard yield (t/ha)

Sand or shallow

Sandy loam or other mineral

Humose

Peaty

Adjustments
(a)

For wheat, an additional 20kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield.

(b)

For wheat, an additional 40kgN/ha is permitted to milling wheat varieties.

(c)

For barley and oats, an additional 15kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield.

(d)

On winter oil seed rape, the spring application can be increased by up to 30kgN/ha if the expected yield is over 4.0t/ha.

(e)

On spring barley, an additional 15kgN/ha is permitted for high N grain distilling varieties.

There is no upward adjustment for excess winter rainfall on N Residue Group 1 Crops
Spring Barley(c) (e)5.51501308050
Winter Barley(c)6.520018012080
Spring Wheat(a) (b)7.017015010060
Winter Wheat(a) (b)8.022020014080
Spring Oats(c)5.01201005020
Winter Oats(c)6.01601409050
Spring Oilseed Rapen/a1001005020
Winter Oilseed Rape (spring)(d)4.020020012080
Winter Oilseed Rape (autumn)n/a30303030
Potatoesn/a245225175145
Forage Maize, Rapen/a1401207040
Kalen/a18016010060
Swedes and Turnipsn/a110905020
Linseedn/a8060300

Nitrogen Residue Group 2 - Previous Crops in Nitrogen Residue Group 2 are: - harvested fodder (whole crop), oilseed rape, hemp, vining peas & potatoes

(1)

low N means average N use in last 2 years was less than 150kg/ha/year

Grassland Management Regimes in Residue Group 2: - 1-2 year low N leys(1), not grazed within 2 months of ploughing out or during September or October

Predominant Soil Type in Field

Planned crop

Standard yield

(t/ha)

Sand or shallow

Sandy loam or

Other mineral

Humose

Peaty

(a)

For wheat, an additional 20kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield.

(b)

For wheat, an additional 40kgN/ha is permitted to milling wheat varieties.

(c)

For barley and oats, an additional 15kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield.

(d)

On winter oil seed rape, the spring application can be increased by up to 30kgN/ha if the expected yield is over 4.0t/ha.

(e)

On spring barley, an additional 15kgN/ha is permitted for high N grain distilling varieties.

If actual localised rainfall from 1st Oct – 1st March exceeds 450 mm: add 10kgN/ha
Spring Barley(c) (e)5.51401207040
Winter Barley(c)6.519017011070
Spring Wheat(a) (b)7.01601409050
Winter Wheat(a) (b)8.021019013070
Spring Oats(c)5.0110904010
Winter Oats(c)6.01501308040
Spring Oilseed Rapen/a90904010
Winter Oilseed Rape (spring)(d)4.019019011070
Winter Oilseed Rape (autumn)n/a20202020
Potatoesn/a235215165135
Forage Maize, Rapen/a1301106030
Kalen/a1701509050
Swedes and Turnipsn/a100804010
Linseedn/a7050200
Adjustments

Nitrogen Residue Group 3 - Previous Crops in Nitrogen Residue Group 3 are: - harvested fodder (root only), beans, combining peas & whole crop lupins

(2)

high N means average N use in last 2 years was more than 150kg/ha/year, or high clover

Grassland Management Regimes in Residue Group 3:1-2 year low N leys, grazed within 2 months of ploughing out or during September or October
1-2 year high N leys(2), not grazed within 2 months of ploughing out or during September or October
Thin permanent grass, low N, no clover

Predominant Soil Type in Field

Planned crop

Standard yield

(t/ha)

Sand or shallow

Sandy loam or other mineral

Humose

Peaty

Adjustments
(a)

For wheat, an additional 20kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield.

(b)

For wheat, an additional 40kgN/ha is permitted to milling wheat varieties.

(c)

For barley and oats, an additional 15kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield.

(d)

On winter oil seed rape, the spring application can be increased by up to 30kgN/ha if the expected yield is over 4.0t/ha.

(e)

On spring barley, an additional 15kgN/ha is permitted for high N grain distilling varieties.

If actual local rainfall from 1st Oct – 1st March exceeds 450 mm:add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils
add 10kgN/ha to crops grown in other mineral, humose and peaty soils
Spring Barley(c) (e)5.51301106030
Winter Barley(c)6.518016010060
Spring Wheat (a) (b)7.01501308040
Winter Wheat (a) (b)8.020018012060
Spring Oats (c)5.010080300
Winter Oats (c)6.01401207030
Spring Oilseed Rapen/a8080300
Winter Oilseed Rape (spring) (d)4.018018010060
Winter Oilseed Rape (autumn)n/a10101010
Potatoesn/a225205155125
Forage Maize, Rapen/a1201005020
Kalen/a1601408040
Swedes and Turnipsn/a9070300
Linseedn/a6040100

Nitrogen Residue Group 4 - Previous Crops in Nitrogen Residue Group 4 is: - grain lupin

Grassland Management Regimes in Residue Group 4:-1-2 year high N leys, grazed within 2 months of ploughing out or during September or October
-3-5 year low N leys², not grazed within 2 months of ploughing out or during September or October
-Thick permanent grass, low N

Predominant Soil Type in Field

Planned crop

Standard yield

(t/ha)

Sand or shallow

Sandy loam or other mineral

Humose

Peaty

Adjustments
(a)

For wheat, an additional 20kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield.

(b)

For wheat, an additional 40kgN/ha is permitted to milling wheat varieties.

(c)

For barley and oats, an additional 15kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield.

(d)

On winter oil seed rape, the spring application can be increased by up to 30kgN/ha if the expected yield is over 4.0t/ha.

(e)

On spring barley, an additional 15kgN/ha is permitted for high N grain distilling varieties.

If actual local rainfall from 1st Oct – 1st March exceeds 450 mm:add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils
add 10kgN/ha to crops grown in other mineral, humose and peaty soils
Spring Barley(c) (e)5.5110904010
Winter Barley(c)6.51701408040
Spring Wheat(a) (b)7.01301106020
Winter Wheat(a) (b)8.018016010040
Spring Oats(c)5.08060100
Winter Oats(c)6.01301005010
Spring Oilseed Rapen/a6060100
Winter Oilseed Rape (spring)(d)4.01401408040
Winter Oilseed Rape (autumn)n/a0000
Potatoesn/a205185145115
Forage Maize, Rapen/a10080300
Kalen/a1401206020
Swedes and Turnipsn/a8060200
Linseedn/a10000

Nitrogen Residue Group 5 - Previous Crops in Nitrogen Residue Group 5 are: - leafy brassica vegetables, leafy non-brassica vegetables & grazed fodder

Grassland Management Regimes in Residue Group 5:-3 - 5 year high N leys, not grazed within 2 months of ploughing out or during September or October
-3 - 5 year low N leys, grazed within 2 months of ploughing out or during September or October
-Permanent grass, high N, not grazed within 2 months of ploughing out or during September or October

Predominant Soil Type in Field

Planned crop

Standard yield

(t/ha)

Sand or shallow

Sandy loam or other mineral

Humose

Peaty

Adjustments
(a)

For wheat, an additional 20kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield.

(b)

For wheat, an additional 40kgN/ha is permitted to milling wheat varieties.

(c)

For barley and oats, an additional 15kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield.

(d)

On winter oil seed rape, the spring application can be increased by up to 30kgN/ha if the expected yield is over 4.0t/ha.

(e)

On spring barley, an additional 15kgN/ha is permitted for high N grain distilling varieties.

If actual local rainfall from 1st Oct – 1st March exceeds 450 mm:add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils
add 10kgN/ha to crops grown in other mineral, humose and peaty soils
Spring Barley(c) (e)5.58060100
Winter Barley(c)6.51401105010
Spring Wheat(a) (b)7.010080300
Winter Wheat(a) (b)8.01501307010
Spring Oats(c)5.0503000
Winter Oats(c)6.010070200
Spring Oilseed Rapen/a303000
Winter Oilseed Rape (spring)(d)4.0110110500
Winter Oilseed Rape (autumn)n/a0000
Potatoesn/a175155135105
Forage Maize, Rapen/a705000
Kalen/a11090300
Swedes and Turnipsn/a7050100
Linseedn/a10000

Nitrogen Residue Group 6

Management Regimes in Residue Group 6:-3 -5 year high N leys, grazed within 2 months of ploughing out
-permanent grass, high N, grazed within 2 months of ploughing out

Predominant Soil Type in Field

Planned crop

Standard yield

(t/ha)

Sand or shallow

Sandy loam or other mineral

Humose

Peaty

Adjustments
(a)

For wheat, an additional 20kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield.

(b)

For wheat, an additional 40kgN/ha is permitted to milling wheat varieties.

(c)

For barley and oats, an additional 15kgN/ha is permitted for every tonne that the expected yield exceeds the standard yield.

(d)

On winter oil seed rape, the spring application can be increased by up to 30kgN/ha if the expected yield is over 4.0t/ha.

(e)

On spring barley, an additional 15kgN/ha is permitted for high N grain distilling varieties.

If actual local rainfall from 1 Oct – 1 March exceeds 450 mm:add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils
add 10kgN/ha to crops grown in other mineral, humose and peaty soils
Spring Barley(c) (e)5.5402000
Winter Barley(c)6.510070100
Spring Wheat(a) (b)7.070000
Winter Wheat(a) (b)8.011090300
Spring Oats(c)5.010000
Winter Oats(c)6.0603000
Spring Oilseed Rapen/a0000
Winter Oilseed Rape (spring)(d)4.07070100
Winter Oilseed Rape (autumn)n/a0000
Potatoesn/a135115115115
Forage Maize, Rapen/a301000
Kalen/a705000
Swedes and Turnipsn/a503000
Linseedn/a0000

(3) For Table 4, Part C, substitute—

PART C

Cattle, Dirty Water and Pig Slurry – Percentage of nitrogen available to next crop following Cattle Slurry, Dirty Water and Pig Slurry applications (use the value in brackets for grassland and winter oilseed rape cropping).

Autumn

Winter

Spring

Summer use on Grassland

August-October

November-January

Feb - April

Manure Type

Dry

Matter

%

Ref

No.

Incorporation time/method

Total N

(kg/t)

Sands

Sandy Loams

Shallow

All other soils

Sands

Sandy Loams

Shallow

All other soils

All

Soils

Cattle slurry – Surface applied212Not incorporated1.62030 (35)30304530
Cattle slurry – Surface applied613Not incorporated2.62025 (30)25253525
Cattle slurry – Surface applied1014Not incorporated3.62020 (25)20202520
Cattle slurry – ploughed in215Within 6 hrs1.62035 (40)303550N/A
Cattle slurry – ploughed in616Within 6 hrs2.62030 (35)253040N/A
Cattle slurry – ploughed in1017Within 6 hrs3.62025 (30)202530N/A
Cattle slurry – Band-spread218Band-spread1.62030 (35)30305040
Cattle slurry – Band-spread619Band-spread2.62025 (30)25254030
Cattle slurry – Band-spread1020Band-spread3.62020 (25)20203025
Cattle slurry – shallow injected221Shallow injected1.62030 (35)35355545
Cattle slurry – shallow injected622Shallow injected2.62025 (30)30304535
Cattle slurry – shallow injected1023Shallow injected3.62020 (25)25253530
Separated – Strainer box*24Select from above1.5*Use the appropriate values for 2% dry matter cattle slurry
Separated – Weeping wall*252
Separated – Mechanical*263
Dirty Water0.527Not incorporated0.52035 (40)35355030
Pig slurry – surface applied228Not incorporated3.02535 (40)40405555
Pig slurry – surface applied429Not incorporated3.62530 (35)35355050
Pig slurry – surface applied630Not incorporated4.42525 (30)30304545
Pig slurry – ploughed in231Within 6 hrs3.02545 (50)355065N/A
Pig slurry – ploughed in432Within 6 hrs3.62540 (45)304560N/A
Pig slurry – ploughed in633Within 6 hrs4.42540 (45)304055N/A
Pig slurry – Band-spread234Band-spread3.02535 (40)40406060
Pig slurry – Band-spread435Band-spread3.62535 (40)35355555
Pig slurry – Band-spread636Band-spread4.42530 (35)35355050
Pig slurry - shallow injected237Shallow injected3.02540 (45)45456565
Pig slurry - shallow injected438Shallow injected3.62535 (40)40406060
Pig slurry - shallow injected639Shallow injected4.42535 (40)40405555
Mechanical separator**40Select from above3.6**Use the appropriate value for 2% dry matter pig slurry

Revocation

10.  Regulation 3 of the Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2008(2) is revoked.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

17th December 2009

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