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The Nitrate Pollution Prevention (Wales) Regulations 2013

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PART 4Crop Requirements

Planning the spreading of nitrogen fertiliser

14.—(1) An occupier of a holding who intends to spread nitrogen fertiliser must—

(a)calculate the amount of nitrogen in the soil that is likely to be available for uptake by the crop during the growing season (“the soil nitrogen supply”);

(b)calculate the optimum amount of nitrogen that should be spread on the crop, taking into account the amount of nitrogen available from the soil nitrogen supply; and

(c)produce a plan for the spreading of nitrogen fertiliser for that growing season.

(2) In the case of any crop other than permanent grassland, the occupier must do this before spreading any nitrogen fertiliser for the first time for the purpose of fertilising a crop planted or intended to be planted.

(3) In the case of permanent grassland the occupier must do this each year beginning 1 January before the first spreading of nitrogen fertiliser.

(4) The plan must be in permanent form.

(5) The plan must record—

(a)the reference or name of the relevant field;

(b)the area of the field planted or intended to be planted; and

(c)the type of crop.

(6) For the area planted or intended to be planted the plan must record—

(a)the soil type;

(b)the previous crop (if the previous crop was grass, whether it was managed by cutting or grazing);

(c)the soil nitrogen supply calculated in accordance with paragraph (1) and the method used to establish this figure;

(d)the anticipated month that the crop will be planted;

(e)the anticipated yield (if arable); and

(f)the optimum amount of nitrogen that should be spread on the crop, taking into account the amount of nitrogen available from the soil nitrogen supply.

Additional information to be recorded during the year

15.—(1) Before spreading organic manure, the occupier must on each occasion calculate the amount of nitrogen from that manure that is likely to be available for crop uptake in the growing season in which it is spread.

(2) The occupier must, before spreading, record—

(a)the area on which the organic manure will be spread;

(b)the quantity of organic manure to be spread;

(c)the planned date for spreading (month);

(d)the type of organic manure;

(e)the total nitrogen content; and

(f)the amount of nitrogen likely to be available from the organic manure intended to be spread for crop uptake in the growing season in which it is spread.

(3) Before spreading nitrogen fertiliser, the occupier must record—

(a)the amount required; and

(b)the planned date for spreading (month).

Total nitrogen spread on a holding

16.—(1) Until 31 December 2013, irrespective of the figure in the plan, an occupier must ensure that the total amount of—

(a)nitrogen from manufactured nitrogen fertiliser, and

(b)nitrogen available for crop uptake from livestock manure in the growing season in which it is spread calculated in accordance with regulation 17,

does not in any twelve month period exceed the limits set out in regulation 18.

(2) On or after 1 January 2014, irrespective of the figure in the plan, an occupier must ensure that the total amount of—

(a)nitrogen from manufactured nitrogen fertiliser, and

(b)nitrogen available for crop uptake from organic manure, in the growing season in which it is spread calculated in accordance with regulation 17,

does not in any twelve month period exceed the limits set out in regulation 18.

Calculating the amount of nitrogen available for crop uptake from organic manure

17.—(1) The occupier must establish the total amount of nitrogen in livestock manure, for the purposes of regulation 16, by—

(a)using the table in Part 1 of Schedule 3; or

(b)sampling and analysis in accordance with Part 2 of Schedule 3.

(2) Once the total amount of nitrogen in the livestock manure has been determined, the following percentages are assumed in order to establish the amount of nitrogen in the livestock manure that is available for crop uptake in the growing season in which it is spread;

Available percentage

Type of livestock manureAmount of nitrogen available for crop uptake in the growing season in which it is spread
Until 31 December 2013From 1 January 2014
Cattle slurry35%40%
Pig slurry45%50%
Poultry manure30%30%
Other livestock manure10%10%

(3) In relation to all other organic manure, the occupier must establish the total amount of nitrogen available for crop uptake in the growing season in which it is spread, for the purposes of regulation 16—

(a)by reference to technical analyses provided by the supplier;

(b)to the extent that such information is unavailable, by reference to the values given in the Fertiliser Manual (RB 209) (8th Edition)(1) (referred to therein as “nitrogen available to the next crop”); or

(c)by sampling and analysis in accordance with Part 2 of Schedule 3.

Maximum nitrogen limits by crop

18.—(1) The total amount of nitrogen permitted to be spread on any crop listed in the first column below is the figure given in the second column below, adjusted in accordance with the notes to the table and multiplied by the total area in hectares of that crop sown on the holding.

Maximum nitrogen

CropPermitted amount of nitrogen (kg)(a)Standard yield (tonne/ha)
(a)

An additional 80 kg per hectare is permitted to all crops grown in fields if the current or previous crop has had straw or paper sludge applied to it.

(b)

An additional 20 kg per hectare is permitted on fields with shallow soil (other than shallow soils over sandstone).

(c)

An additional 20 kg per hectare is permitted for every tonne that the expected yield exceeds the standard yield.

(d)

An additional 40 kg per hectare is permitted to milling wheat varieties.

(e)

This is inclusive of any nitrogen that is applied as an exemption to the closed period for manufactured nitrogen fertiliser. The permitted amount may be increased by up to 30 kg per hectare for every half tonne that expected yield exceeds the standard yield.

(f)

An additional 40 kg per hectare is permitted to grass that is cut at least three times a year.

Asparagus150n/a
Autumn or early winter sown wheat220(b) (c) (d)8.0
Beetroot350n/a
Brussels sprouts350n/a
Cabbage350n/a
Calabrese350n/a
Cauliflower350n/a
Carrots150n/a
Celery250n/a
Courgettes250n/a
Dwarf bean250n/a
Field beans0n/a
Forage maize150n/a
Grass300(f)n/a
Leeks350n/a
Lettuce250n/a
Onions250n/a
Parsnips250n/a
Peas0n/a
Potatoes270n/a
Radish150n/a
Runner beans250n/a
Spring-sown wheat180(c) (d)7.0
Spring barley150(c)5.5
Sugar beet120n/a
Swedes150n/a
Sweetcorn250n/a
Turnips250n/a
Winter barley180(b) (c)6.5
Winter oilseed rape250(e)3.5
(1)

The Fertiliser Manual (RB209), 8th edition, is published by TSO, June 2010, ISBN 978-0-11-243286-9.

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