The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2010

Amendment of Part 1

3.—(1) Part 1 (Introduction) is amended as follows.

(2) For regulation 6 (interpretation), substitute—

“Interpretation

6.   In these Regulations—

• “Agency” (“yr Asiantaeth”) means the Environment Agency;

• “agricultural area” (“ardal amaethyddol”) means any agricultural land used for agricultural purposes;

• “agriculture” (“amaethyddiaeth”) has the same meaning as in section 109(3) of the Agriculture Act 1947;

• “crop with high nitrogen demand” (“cnwd â galw mawr am nitrogen”) includes, but not limited to, grass, potatoes, sugar beet, maize, wheat, oilseed rape, barley, brassicas, rye and triticale;

• “derogated holding” (“daliad a randdirymwyd”) means a holding over which a derogation has been granted;

• “derogation” (“rhanddirymiad”) means a derogation from the limit of the total amount of nitrogen in livestock manure that can be applied to land each year as provided for in paragraph 2(b) of Annex III of Council Directive 91/676/EEC granted by the Commission Decision 2009/431/EEC(1) granted by the Agency or, on appeal, the derogation application appeals panel under regulation 13B;

• “derogation application” (“cais i randdirymu”) means an application for a derogation;

• “eutrophic” (“ewtroffig”) means water that is enriched by nitrogen compounds, causing an accelerated growth of algae and higher forms of plant life that produces an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned;

• “fertilisation plan” (“cynllun gwrteithio”) means a plan prepared under regulation 14(1)(c) or other similar plans required under Schedule 4;

• “grass” (“porfa”) means—

  (a)

  permanent grassland or temporary grassland (temporary means for less than four years);

  (b)

  existing between the sowing and ploughing the grass; and

  (c)

  including crops under-sown with grass,

  but does not include grassland with 50% or more clover;

• “grazing livestock” (“da byw sy'n pori”) means any animal specified in Table 1 in Schedule 1;

• “holding” (“daliad”) means all the land located within a nitrate vulnerable zone and its associated buildings that are at the disposal of the occupier and which are used for the growing of crops in soil or rearing of livestock for agricultural purposes;

• “land that has a low run-off risk” (“tir y mae'r risg o oferu drosto yn isel”) means land that—

  (a)

  has an average slope less than 3º;

  (b)

  does not have land drains (other than a sealed impermeable pipe); and

  (c)

  is at least 50 metres from a watercourse or conduit leading to a watercourse;

• “livestock” (“da byw”) means any animal (including poultry) specified in Schedule 1;

• “manufactured nitrogen fertiliser” (“gwrtaith nitrogen a weithgynhyrchwyd”) means any nitrogen fertiliser (other than organic manure) manufactured by an industrial process;

• “manufactured phosphate fertiliser” (“gwrtaith ffosffad a weithgynhyrchywd”) means any phosphate fertiliser (other than organic manure) manufactured by an industrial process;

• “nitrogen fertiliser” (“gwrtaith nitrogen”) means any substance containing one or more nitrogen compounds used on land to enhance growth of vegetation and includes organic manure;

• “non-grazing livestock” (“da byw nad ydynt yn pori”) means any animal specified in Table 2 in Schedule 1;

• “organic manure” (“tail organig”) means any nitrogen fertiliser or phosphate fertiliser derived from animal, plant or human sources and includes livestock manure;

• “phosphate fertiliser” (“gwrtaith ffosffad”) means any substance containing one or more phosphorus compounds used on land to enhance growth of vegetation and includes organic manure;

• “poultry” (“dofednod”) means poultry specified in Schedule 1;

• “sandy soil” (“pridd tywodlyd”) means any soil over sandstone, and any other soil where—

  (a)

  in the layer up to 40 cm deep, there are—

  (i)

  more than 50 per cent by weight of particles from 0.06 to 2 mm in diameter,

  (ii)

  less than 18 per cent by weight of particles less than 0.02 mm diameter, and

  (iii)

  less than 5 per cent by weight of organic carbon; and

  (b)

  in the layer from 40 to 80 cm deep, there are—

  (i)

  more than 70 per cent by weight of particles from 0.06 to 2mm in diameter,

  (ii)

  less than 15 per cent by weight of particles less than 0.02 mm diameter, and

  (iii)

  less than 5 per cent by weight of organic carbon;

• “shallow soil” (“pridd tenau”) is soil that is less than 40 cm deep;

• “slurry” (“slyri”) means excreta produced by livestock (other than poultry) while in a yard or building (including any bedding, rainwater or washings mixed with it) that has a consistency that allows it to be pumped or discharged by gravity (in the case of excreta separated into its liquid and solid fractions, the slurry is the liquid fraction);

• “spreading” (“taenu”) includes application to the surface of the land, injection into the land or mixing with the surface layers of the land but does not include the direct deposit of excreta on to land by animals.”.

(1)

OJ No L 141, 6.6.09, p.48.