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The Nitrate Pollution Prevention (Wales) Regulations 2013

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PART 1Introduction

Title

1.  The title of these Regulations is the Nitrate Pollution Prevention (Wales) Regulations 2013.

Application

2.—(1) These Regulations apply in relation to Wales.

(2) Parts 3 to 8 only apply to a holding in a nitrate vulnerable zone designated as such by these Regulations.

(3) In the case of a holding which is partly in a nitrate vulnerable zone designated as such by these Regulations, Parts 3 to 8 apply only in the part of the holding inside the zone, and a reference to a holding is a reference to that part.

Coming into force

3.  These Regulations come into force on 25 October 2013.

Transitional measures for holdings not previously in a nitrate-vulnerable zone

4.  In a holding or part of a holding that was not situated within a nitrate vulnerable zone under the Nitrate Pollution Prevention (Wales) Regulations 2008(1) but which is situated within an area designated as a nitrate vulnerable zone under these Regulations—

(a)regulations 12 to 22, regulation 23(2), regulations 24 and 25, 30 to 33 and regulations 36 to 46 do not apply until 1 January 2014;

(b)regulation 23(1) does not apply until 1 January 2016; and

(c)regulations 26 to 29 and 34 and 35 do not apply until 1 August 2015.

Meaning of “polluted water”

5.  Water is polluted if—

(a)it is freshwater and contains a concentration of nitrates greater than 50 mg/l, or could do so if these Regulations were not to apply there, or

(b)it is eutrophic or may in the near future become eutrophic if these Regulations were not to apply there.

Interpretation

6.  In these Regulations—

“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 beer, maize, wheat, oilseed rape, barley, brassicas, rye and triticale;

“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);

“grass” (“porfa”) means—

(a)

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

(b)

that exists between the sowing and ploughing of the grass; and

(c)

includes crops under-sown with grass,

(d)

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 of less than 3° (3 degrees);

(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 feriliser (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 % by weight of particles from 0.06 to 2 mm in diameter,

(ii)

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

(iii)

less than 5 % by weight of organic carbon, and

(b)

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

(i)

more than 70 % by weight of particles from 0.06 to 2 mm in diameter;

(ii)

less than 15 % by weight of particles less than 0.02 mm diameter;

(iii)

less than 5 % 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.

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