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The Agriculture (Calculation of Value for Compensation) Regulations 1978

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I.  Fertilisers other than bulky organic manures:

(1) Where no crop has been taken from the land since the fertiliser was applied, the value shall be the reasonable cost of the fertiliser as applied to the land (including the cost of delivery and application).

(2) Where one crop or more has been taken from the land since the fertiliser was applied, the value shall be,—

(a)for nitrogen contained in the fertiliser, nil;

(b)subject as provided below, for each Unit of phosphoric acid (as P2O5) contained in the fertiliser, the amount calculated in accordance with Table 2 below:

Provided that—

(i)where a phosphatic fertiliser contains less than one-tenth of its total phosphoric acid content in an insoluble form, as indicated by the solubility test appropriate to that fertiliser, its total phosphoric acid content shall be treated as soluble;

(ii)where a phosphatic fertiliser other than a fertiliser specified and applied as described in items 2(a), 2(b)(i) or 3(a) in Table 2 contains more than one-tenth of its total phosphoric acid content in an insoluble form, the value shall be restricted to and determined only for each Unit of phosphoric acid in soluble form in that fertiliser;

(iii)for the purpose of this sub-paragraph, permanent grassland shall be taken to mean grassland which at the termination of the tenancy has been established for five or more years;

(iv)in the case of land situated in an area in which rapid fixation of phosphate occurs, the foregoing provisions of this sub-paragraph shall not apply and the value for each Unit of phosphoric acid contained in fertiliser applied to that land shall be the residual value (if any) determined in accordance with scientific evidence and by reference to the reasonable cost of the fertiliser as applied to the land (including the cost of delivery and application);

(c)for each Unit of potash (K2O) contained in the fertiliser, the amount calculated in accordance with Table 3 below:

Provided that—

(i)where a vegetable crop has been produced from the land following the application of the fertiliser and the majority of the stem and leaf was removed, the value shall be nil, but where the said majority was left on the land, the value shall be calculated in accordance with item 1 in Table 3, and where an intermediate proportion of stem and leaf was removed, the value shall be calculated in accordance with such proportion;

(ii)in the case of land comprised in holdings which are entirely or mainly horticultural holdings, the value shall be calculated in accordance with item 1 in Table 3.

(3) For the purposes of sub-paragraph (2) above, a Unit of nutrient (phosphoric acid (as P2O5) or, as the case may be, potash (K2O)) is the amount of nutrient contained in one per cent of a tonne of fertiliser calculated on the basis of the percentage content of the nutrient in the fertiliser as stated in the relevant statutory statement given in relation to the fertiliser under section 68 of the Agriculture Act 1970.

TABLE 2
Unit Value of Phosphoric acid (as P2O5) in one per cent of a tonne of fertiliser
After
Nature of fertiliser
ONETWOTHREE
growing seasons
ppp
1. Organic forms and inorganic forms (including basic slag) but excluding rock phosphates and calcined calcium aluminium phosphate1427135
2. `Soft' ground rock phosphates(1) applied in—
(a) areas with a mean excess winter rainfall(2) of 450mm or more1427135
(b) areas with a mean excess winter rainfall(3) of less than 450mm
(i) Permanent grassland1427135
(ii) Other cropsnilnilnil
3. Other ground rock phosphates applied in—
(a) areas with a mean excess winter rainfall(4) of 450mm or more353535
(b) areas with a mean excess winter rainfall(5) of less than 450mmnilnilnil
4. Calcined calcium aluminium phosphateThe value, if any, shall be such as may be determined in accordance with scientific evidence
(1)

`Soft' ground rock phosphates in this Table means the material of that name described in Group 2(a) in Section A of Schedule 1 to the Fertilisers Regulations 1977.

(2)

Data of the mean excess winter rainfall in different areas of England and Wales are produced by the Meteorological Office.

(3)

Data of the mean excess winter rainfall in different areas of England and Wales are produced by the Meteorological Office.

(4)

Data of the mean excess winter rainfall in different areas of England and Wales are produced by the Meteorological Office.

(5)

Data of the mean excess winter rainfall in different areas of England and Wales are produced by the Meteorological Office.

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