The Nitrates Action Programme Regulations (Northern Ireland) 2006

PART 3 PREVENTION OF WATER POLLUTION FROM THE APPLICATION OF FERTILISERS

Periods when the land application of nitrogen fertiliser is prohibited

6.—(1) The land application of chemical fertiliser to grassland shall not be permitted between 15 September in any year and 31 January of the following year.

(2) The land application of chemical fertiliser to any land shall not be permitted between 15 September in any year and 31 January of the following year for crops other than grass unless there is a demonstrable crop requirement between those dates.

(3) The land application of organic manure, excluding farmyard manure and dirty water, to any land shall not be permitted between 15 October in any year and 31 January of the following year.

Requirements as to the manner of land application of nitrogen fertiliser other than dirty water

7.—(1) The land application of nitrogen fertiliser shall be done in an accurate and uniform manner and, other than for dirty water, in accordance with paragraphs (2) to (8).

(2) The land application of nitrogen fertiliser shall not be permitted when: -

(a) soil is waterlogged; or

(b) land is flooded or likely to flood; or

(c) the soil has been frozen for 12 hours or longer in the preceding 24 hours; or

(d) land is snow-covered; or

(e) heavy rain is forecast within 48 hours; or

(f) the land is steeply sloping land where, taking into account factors such as proximity to waterways, soil condition, ground cover and rainfall there is a significant risk of causing water pollution.

(3) The land application of nitrogen fertiliser shall not be permitted on any land in a location or manner which would make it likely that the nitrogen fertiliser will directly enter a waterway or water contained in any underground strata.

(4) The land application of chemical fertiliser shall not be permitted within 1.5 m of any waterway.

(5) The land application of organic manures shall not be permitted within: –

(a) 20m of lakes; or

(b) 50m of a borehole, spring or well; or

(c) 250m of a borehole used for a public water supply; or

(d) 15m of exposed cavernous or karstified limestone features (such as swallow–holes and collapse features); or

(e) 10m of any waterway, other than lakes, including open areas of water, open field drains or any drain which has been backfilled to the surface with permeable material such as stone/aggregate; except that

(f) the distance for (e) may be reduced to 3m of any waterway where the land has an average incline less than 10% towards the waterway and where:

(i) organic manures are spread by bandspreaders, trailing hose or trailing shoe or soil injection; or

(ii) the adjoining area is less than 1 hectare in size or not more than 50m in width.

(6) The maximum land application of solid organic manure shall be 50 tonnes per hectare at any one time provided this does not exceed the limits set out in regulation 9(1) and 10(3) and a period of at least 3 weeks shall be left between such land applications.

(7) The maximum land application of slurry shall be 50 m³/ha at any one time provided this does not exceed the limits set out in regulation 9(1) and 10(3) and a period of at least 3 weeks shall be left between such land applications.

(8) The land application of slurry shall only be permitted by spreading close to the ground using inverted splash plate spreading, bandspreading, trailing hose, trailing shoe, soil injection or soil incorporation methods.

Requirements as to the manner of land application of dirty water

8.—(1) Subject to regulations 7(2) and 7(3), the land application of dirty water to any land shall be permitted throughout the year, provided that it is done in a uniform and accurate manner.

(2) The maximum land application of dirty water shall be 50 m³/ha at any one time and a period of at least 2 weeks shall be left between such land applications.

(3) The land application of dirty water shall not be permitted within: –

(a) 20m of lakes; or

(b) 50m of a borehole, spring or well; or

(c) 250m of a borehole used for a public water supply; or

(d) 15m of exposed cavernous or karstified limestone features (such as swallow–holes and collapse features); or

(e) 10m of any waterway, other than lakes, including open areas of water, open field drains or any drain which has been backfilled to the surface with permeable material such as stone/aggregate; except that

(f) the distance for (e) may be reduced to 3m of any waterway where the land has an average incline less than 10% towards the waterway and where:

(i) organic manures are spread by bandspreaders, trailing hose or trailing shoe or soil injection; or

(ii) the adjoining area is less than 1 hectare in size or not more than 50m in width.

(4) The land application of dirty water shall only take place by spreading close to the ground using inverted splash plate spreading, bandspreading, trailing hose, trailing shoe, soil injection or soil incorporation methods and by irrigation.

Measures governing the limits on land application of nitrogen fertiliser to grassland

9.—(1) The amount of total nitrogen in livestock manure applied to the agricultural area of a holding, both by land application and by the animals themselves, shall not exceed 170kg N/ha/year when calculated in accordance with paragraphs (3) and (4).

(2) For each holding, the total available nitrogen in organic manures and chemical fertiliser, excluding livestock manures, applied to grassland, shall be in proportion to the crop requirement of the holding, and shall not exceed the amounts as defined in Schedule 1 Table 4, when calculated in accordance with paragraphs (5), (6) and (7).

(3) The total nitrogen from livestock manure from animals kept on the holding will be calculated in accordance with Schedule 1 Table 1.

(4) The total nitrogen from imported livestock manures will be calculated in accordance with Schedule 1 Table 2 for slurry and Schedule 1 Table 3 for solid livestock manures.

(5) The total nitrogen content per tonne of other organic manures, excluding livestock manure, shall be as declared in accordance with the Waste Management Licensing Regulations (Northern Ireland) 2003(1) and any amending Regulations.

(6) The amount of nitrogen available to a crop from chemical fertiliser, in the year of application of that fertiliser, is the percentage specified in Schedule 1 Table 6.

(7) Except in the case of livestock manure, the amount of nitrogen available to a crop from organic manure in the year of its application is the percentage specified in Schedule 1 Table 6, in relation to cattle and other livestock manure.

(8) Any controller wishing to deviate from the values set out in Schedule 1 Tables 1, 2 or 3 must present a scientific case in order to obtain prior approval from the Department, and the Department shall only grant such approval where it is satisfied that a scientific case has been established.

(9) A controller may appeal the decision by the Department in paragraph (8) in accordance with the procedure set out in regulation 23.

Measures governing the limits on land application of nitrogen fertiliser to land other than grassland

10.—(1) Subject to paragraphs (2) and (3), in relation to a holding the quantity of nitrogen fertiliser added to land other than grassland both by land application and by the animals themselves each year shall not exceed the crop requirements for nitrogen calculated in accordance with paragraphs (4) to (8).

(2) The amount of nitrogen fertiliser applied to land other than grassland both by land application and by the animals themselves shall not exceed the recommendations contained in the fertiliser technical standards.

(3) The amount of total nitrogen in livestock manure applied to the agricultural area of the holding, both by land application and by the animals themselves, shall not exceed 170kg N/ha/year when calculated in accordance with paragraphs (4) and (5).

(4) The total nitrogen from livestock manure from animals kept on the holding will be calculated in accordance with Schedule 1 Table 1.

(5) The total nitrogen from imported livestock manures will be calculated in accordance with Schedule 1 Table 2 for slurry and Schedule1 Table 3 for solid livestock manures.

(6) The total nitrogen content per tonne of other organic manures, excluding livestock manure, shall be as declared in accordance with the Waste Management Licensing Regulations (Northern Ireland) 2003 and any amending Regulations.

(7) The amount of nitrogen available to a crop from livestock manures or chemical fertiliser in the year of application of that fertiliser is the percentage specified in Schedule 1 Table 6.

(8) Except in the case of livestock manure, the amount of nitrogen available to a crop from organic manure in the year of its application is the percentage specified in Schedule 1 Table 6, in relation to cattle and other livestock manure.

(9) Any controller wishing to deviate from the values set out in Schedule 1 Tables 1, 2 or 3 must present a scientific case in order to obtain prior approval from the Department, and the Department shall only grant such approval where it is satisfied that a scientific case has been established.

(10) A controller may appeal the decision by the Department in paragraph (9) in accordance with the procedure set out in regulation 23.

(1)

S.R. 2003 No. 493