The Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Amendment Regulations 2014

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Amendment Regulations 2014 and come into force on 21st February 2014.

(2) In these Regulations, “the principal Regulations” means the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2011(1).

Amendment of the principal Regulations

2.  In the Schedule to the principal Regulations (good agricultural and environmental condition), in Part V (protection and management of water)—

(a) in paragraph 19(1) (water abstraction), after “the Water Environment (Controlled Activities) (Scotland) Regulations 2011”(2), insert “(in paragraph 21 “the 2011 Regulations”)”; and

(b) after paragraph 20 (establishment of buffer strips along water courses) insert—

“Protection of groundwater

21.— (1) A farmer must not, when carrying on any agricultural activity—

(a) cause or permit the direct or indirect discharge into groundwater; or

(b) do anything likely to cause a direct or indirect discharge into groundwater,

of any substances or families or groups of substances specified in the Table, unless that is authorised under the 2011 Regulations and carried out in accordance with that authorisation.

(2) A farmer must, when carrying on any agricultural activity, comply with the requirements of a notice issued under regulation 32(2) of the 2011 Regulations in relation to the direct or indirect discharge into groundwater of any substances or families or groups of substances specified in the Table.

TABLE
LIST I
1. Organohalogen compounds and substances which may form such compounds in the aquatic environment.
2. Organophosphorus compounds.
3. Organotin compounds.
4. Substances which possess carcinogenic mutagenic or teratogenic properties in or via the aquatic environment.
5. Mercury and its compounds.
6. Cadmium and its compounds.
7. Mineral oils and hydrocarbons.
8. Cyanides.
LIST II
1. The following metalloids and metals and their compounds:
Zinc
Copper
Nickel
Chrome
Lead
Selenium
Arsenic
Antimony
Molybdenum
Titanium
Tin
Barium
Beryllium
Boron
Uranium
Vanadium
Cobalt
Thallium
Tellurium
Silver.
2. Biocides and their derivatives not appearing in List I.
3. Substances which have a deleterious effect on the taste or odour of groundwater, and compounds liable to cause the formation of such substances in groundwater and to render it unfit for human consumption.
4. Toxic or persistent organic compounds of silicon, and substances which may cause the formation of such compounds in water, excluding those which are biologically harmless or are rapidly converted in water into harmless substances.
5. Inorganic compounds of phosphorous and elemental phosphorous.
6. Fluorides.
7. Ammonia and nitrites.

(3) In this paragraph—

“groundwater” has the same meaning as it has in section 3(4) of the Water Environment and Water Services (Scotland) Act 2003(3).”.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

9th January 2014