The Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996

Regulation 3(1)

SCHEDULE 1 NITRATE VULNERABLE ZONES

Bridlington	Rivers Leam, Cherwell and Great Ouse
River Hull	Wighton
Millington Springs	Great Bircham
Springwells	Swaffham
Cottingham	Lyng Forge
Brayton	Wroxham
Carlton	River Waveney
Pollington	Moulton
Hatfield	Bury St. Edmunds
North Lincolnshire Wolds	Fulbourn
North Nottinghamshire	Linton
Lincoln	Fowlmere
River Witham	Slip End
Husbands Bosworth	Weston
Kelsall	Great Offley
Swynnerton	Kings Walden
Telford	Rivers Blackwater and Chelmer
Bednall	Old Chalford
Shifnal	Lewknor
Lichfield	Ogbourne St George
Oakeley Farm	Compton
Tom Hill	Twyford
Hinksford	Dorney
Kinver	Boxley
Wildmoor	Thurnham
Astley	Minster
Haseley	Egford
Bromsberrow	Castle Cary
Snowshill	Milbourne Wick
Stow-on-the Wold	Beaminster
Garway	Otter Valley
Cheltenham	Duckaller
The Slaughters	Dyserth
Fairford	Trelech

Regulation 3(1)

SCHEDULE 2 CRITERIA FOR IDENTIFYING WATERS REFERRED TO IN REGULATION 3(1)

1.  Waters referred to in regulation 3(1) shall be identified making use, inter alia, of the following criteria:

(a) whether surface freshwaters, in particular those used or intended for the abstraction of drinking water, contain or could contain, if action pursuant to regulation 6 is not taken, more than the concentration of nitrates laid down in accordance with Directive 75/440/EEC;

(b) whether groundwaters contain more than 50 mg/l nitrates or could contain more than 50 mg/l nitrates if action pursuant to regulation 6 is not taken;

(c) whether natural freshwater lakes, other freshwater bodies, estuaries, coastal waters and marine waters are found to be eutrophic or in the near future may become eutrophic if action pursuant to regulation 6 is not taken.

2.  In applying these criteria, the relevant Minister shall also take account of:

(a) the physical and environmental characteristics of the waters and land;

(b) the current understanding of the behaviour of nitrogen compounds in the environment (water and soil);

(c) the current understanding of the impact of the action to be taken pursuant to regulation 6.

Regulation 4(3)

SCHEDULE 3 REFERENCE METHODS OF MEASUREMENT

Chemical fertiliser

Nitrogen compounds shall be measured using the method described in Commission Directive 77/535/EEC of 22nd June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilisers(1), as amended by Directive 89/519/EEC(2).

Freshwaters, coastal waters and marine waters

Nitrate concentration shall be measured in accordance with Article 4a(3) of Council Decision 77/795/EEC of 12th December 1977 establishing a common procedure for the exchange of information on the quality of surface fresh water in the Community(3), as amended by Decision 86/574/EEC(4).

Regulation 7(1)

SCHEDULE 4 PROVISIONS TO BE INCLUDED IN ACTION PROGRAMMES

1.  The provisions of an action programme shall include rules relating to—

(1) periods when the land application of certain types of fertiliser is prohibited;

(2) the capacity of storage vessels for livestock manure; this capacity must exceed that required for storage throughout the longest period during which land application in the nitrate vulnerable zone is prohibited, except where it can be demonstrated to the authority designated for the purpose in the regulations establishing the programme that any quantity of manure in excess of the actual storage capacity will be disposed of in a manner which will not cause harm to the environment;

(3) limitation of the land application of fertilisers, consistent with good agricultural practice and taking into account the characteristics of the nitrate vulnerable zone concerned, in particular—

(a) soil conditions, soil type and slope;

(b) climatic conditions, rainfall and irrigation;

(c) land use and agricultural practices, including crop rotation systems;

and to be based on a balance between—

(i) the foreseeable nitrogen requirements of the crops, and

(ii) the nitrogen supply to the crops from the soil and from fertilisation corresponding to—

• the amount of nitrogen present in the soil at the moment when the crop starts to use it to a significant degree (outstanding amounts at the end of winter),

• the supply of nitrogen through the net mineralisation of the reserves of organic nitrogen in the soil,

• additions of nitrogen compounds from livestock manure,

• additions of nitrogen compounds from chemical and other fertilisers.

2.  These provisions shall ensure that, for each farm or livestock unit, the amount of livestock manure applied to the land each year, including by the animals themselves, shall not exceed a specified amount per hectare.

The specified amount per hectare shall be the amount of manure containing 170 kg N. However—

(a) for the first four year action programme an amount of manure containing up to 210 kg N may be allowed;

(b) during and after the first four year action programme, different amounts from those referred to above may be fixed. These amounts must be fixed so as not to prejudice the achievement of the Objectives and must be justified on the basis of objective criteria, for example—

• long growing seasons,

• crops with high nitrogen uptake,

• high net precipitation in the nitrate vulnerable zone,

• soils with exceptionally high denitrification capacity.

3.  The amounts referred to in paragraph 2 above may be calculated on the basis of animal numbers.

(1)

OJ No. L 213, 22.8.77, p. 1.

(2)

OJ No. L 265, 12.9.89, p. 30.

(3)

OJ No. L 334, 24.12.77, p. 29.

(4)

OJ No. L 335, 28.11.86, p. 44.