The Nitrate Vulnerable Zones (Additional Designations) (England) (No. 2) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Nitrate Vulnerable Zones (Additional Designations) (England) Regulations 2002, which contained an error in respect of their commencement date. Those Regulations were otherwise identical in effect to these Regulations.

These Regulations designate additional nitrate vulnerable zones and make other provision for the purpose of implementing in England Council Directive 91/676/EEC (OJ No. L375, 31.12.91, p. 1) concerning the protection of waters against pollution caused by nitrates from agricultural sources. The Regulations apply to England only. The effect of the Regulations is as follows—

• regulation 3 designates the additional nitrate vulnerable zones;

• regulation 4 provides a procedure for reviewing designations;

• regulation 5 provides for appeals to be made from proposed decisions on a review;

• regulation 6 makes provision for withdrawing an appeal;

• regulation 7 deals with the costs of the parties to an appeal;

• regulation 8 provides for the Secretary of State to be bound by any decision made on a review;

• regulation 9 makes minor amendments to the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 and applies regulations 3(2) (periodic review of designations), 4 (monitoring) and 6(4)(b), (5) and (6) (implementation, periodic review and monitoring of action programmes) to the additional nitrate vulnerable zones;

• regulation 10 amends the Farm Waste Grant (Nitrate Vulnerable Zones) (England) (No. 2) Scheme 2000 so that grants are available in relation to farms in the additional nitrate vulnerable zones;

• regulation 11 makes minor amendments to the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998 and applies those Regulations to the additional nitrate vulnerable zones with effect from 19th December 2002. The action programme in those Regulations defines the measures which must be taken on farms and livestock units to limit the application of nitrates to land;

• regulation 12 revokes the Nitrate Vulnerable Zones (Additional Designations) (England) Regulations 2002.

The digital maps designating the additional nitrate vulnerable zones and a description of the methodology which was used to identify those zones are available through the Defra website by using the link www.defra.gov.uk/environment/water/quality/nitrate. They are also available for inspection at the Defra library at Nobel House, 17 Smith Square, London SW1P 3JR.

Copies of the Water Code Revised 1998 (referred to in regulation 9(2)(b)) may be obtained free of charge from Defra Publications, Admail 6000, London SW1A 2XX or by telephoning 08459 556000. The reference number PB0587 should be quoted when placing any order.

A regulatory impact assessment has been prepared in relation to the additional nitrate vulnerable zones. It was published on 27th June 2002 and is available through the Defra website by using the link www.defra.gov.uk/environment/water/quality/nitrate. It is also available for inspection at the Defra library at Nobel House, 17 Smith Square, London SW1P 3JR.