PART 3Amendment of secondary legislation
The Nitrate Pollution Prevention Regulations 201516
1
The Nitrate Pollution Prevention Regulations 201538 are amended as follows.
2
In regulation 2, at the end insert—
4
For the purposes of these Regulations, a reference to an EU Directive is to be read as if any reference in that Directive to one or more member States in a provision imposing an obligation on, or conferring a discretion on, a member State or member States were a reference to the authority which, immediately before exit day, was responsible for the United Kingdom’s compliance with that obligation, or able to exercise that discretion, in respect of England.
5
In paragraph (4), the “authority” means the Agency or the Secretary of State.
3
In regulation 4—
a
in paragraph (2)(b), for “Council Directive 98/83/EC” substitute “the Water Supply (Water Quality) Regulations 201639 and the Private Water Supplies (England) Regulations 201640”;
b
at the end insert—
7
For the purposes of paragraph (5)(a), the reference to Annex 1 to Council Directive 91/676/EEC41 is to be read as if—
a
each reference in it to Article 5 of that Directive were to regulations 7 to 35 of these Regulations;
b
in point A(1), for the words from “more than” to “Directive 75/440/EEC” there were substituted “a concentration of nitrates greater than 50 mg/l”.
4
In regulation 36—
a
after paragraph (2) insert—
2A
For the purposes of paragraph (2), paragraph 2(b) of Annex 3 to Council Directive 91/676/EEC is to be read as if the third subparagraph were omitted.
b
at the end insert—
7
As part of the review conducted under regulation 39, the Secretary of State must review the overall position of derogations granted under this regulation against—
a
objective criteria, including—
i
the existence, in designated nitrate vulnerable zones, of long growing seasons, crops with high nitrogen uptake, and soils with exceptionally high denitrification capacity;
ii
the net rainfall in designated nitrate vulnerable zones;
b
the following objectives—
i
reducing water pollution caused or induced by nitrates from agricultural sources;
ii
preventing further such pollution.
5
In the heading of regulation 39, at the end insert “of the action programme”.
6
After regulation 40, insert—
Implementation report40A
1
The Secretary of State must prepare a report on the implementation of these Regulations for each relevant period.
2
A report under paragraph (1) must contain—
a
details of any steps taken to promote good agricultural practice;
b
the map published under regulation 3(2), accompanied by a statement detailing the nature of, and reasons for, any revisions to the designated nitrate vulnerable zone since the end of the previous reporting period;
c
a summary of the monitoring results obtained by the Agency under regulation 4;
d
a summary of the most recent review conducted under regulation 39.
3
A report under paragraph (1) must be published—
a
in such manner as the Secretary of State considers appropriate;
b
by the last day of the six month period beginning with the day on which the relevant period ends.
4
In this regulation, “relevant period” means the period of four years beginning with 1st January 2016 and each successive period of four years.