The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009
Citation and commencement1.
These Regulations may be cited as the Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 and come into force on 24th January 2010.
Amendments to the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 20082.
Amendment of regulation 33.
(1)
Regulation 3 (interpretation) is amended as follows.
(2)
““derogated farm” means a farm over which a derogation has been granted;
“derogation” means a derogation from the annual limit of nitrogen in livestock manure that can be applied to land granted by the Scottish Ministers in accordance with regulations 14, 14A and 14B;
“derogation application” means an application for a derogation submitted by the occupier of a farm;”.
(3)
““fertilisation accounts” means accounts providing such information relating to the management of nitrogen and phosphate inputs during the preceding calendar year as the Scottish Ministers may specify in accordance with regulation 25(3);”.
(4)
““grassland farm” means a farm where 80% or more of the agricultural area available for manure application is permanent grassland or temporary grassland (temporary implying leys of less than four years), including crops under-sown with grass but excluding grassland with 50% or more clover;
“grazing livestock” means cattle (with the exclusion of veal calves), sheep, deer, goats and horses;”.
(5)
““phosphate fertiliser” means any substance containing one or more phosphate compounds used on land to enhance growth of vegetation and includes organic manure;”.
Amendment of regulation 54.
(1)
Regulation 5 (fertiliser and manure management plan) is amended as follows.
(2)
Omit “and” where it appears at the end of regulation 5(3)(b).
(3)
“and
(d)
in respect of derogated farms, in addition to the requirements of sub-paragraphs (a) to (c)—
(i)
a note of the number of livestock and a description of the housing and storage system that includes the volume of manure storage available;
(ii)
a calculation of manure nitrogen (less losses in housing and storage) and phosphate produced in the farm;
(iii)
a description of the crop rotation and area of each crop, including a sketch map indicating location of individual fields;
(iv)
a calculation of the foreseeable nitrogen and phosphate crop requirements;
(v)
a note of the amount and the type of manure delivered outside the farm or to the farm;
(vi)
the results of soil analysis related to nitrogen and phosphate soil status, if available;
(vii)
a note of the nitrogen and phosphate application from manure over each field; and
(viii)
a calculation of the application of nitrogen and phosphate with chemical and other fertilisers over each field.”.
(4)
“(6)
Fertiliser and manure management plans in respect of derogated farms shall be revised no later than 7 days after any changes in agricultural practice at the farm.”.
Amendment of regulation 145.
(1)
Regulation 14 (annual farm limit of nitrogen in livestock manure) is amended as follows.
(2)
At the beginning of paragraph (1), insert “Subject to paragraph (4),”.
(3)
“(4)
The occupier of any grassland farm within a nitrate vulnerable zone may apply to the Scottish Ministers for a derogation from the annual farm limit of nitrogen in livestock manure specified in paragraph (1).
(5)
Any derogation granted shall last until the conclusion of the calendar year to which it relates, and shall be subject to renewal.
(6)
Where the Scottish Ministers grant a derogation, the total annual amount of nitrogen in livestock manure from grazing livestock applied to the derogated farm, whether directly by an animal or by spreading, must not exceed 250kg multiplied by the area of the derogated farm in hectares.
(7)
Any application for a derogation shall be made in accordance with regulation 14A and any grant of a derogation shall be subject to the conditions of regulation 14B.”.
Insertion of regulations 14A and 14B6.
(1)
“Application for a derogation from the annual farm limit of nitrogen in livestock manure14A.
(1)
The occupier of any grassland farm within a nitrate vulnerable zone who wishes to apply to the Scottish Ministers for a derogation must submit an application—
(a)
by 30th April of the calendar year to which the application pertains (in respect of applications other than those pertaining to 2009);
(b)
by 31st January 2010 in respect of applications pertaining to 2009.
(2)
The Scottish Ministers must publish electronically the manner and form in which the derogation application must be made.
(3)
Where the farm in respect of which a derogation is applied for benefited from a derogation during the calendar year preceding that to which the application relates, the application shall be accompanied by the fertilisation accounts for that preceding calendar year.
(4)
The Scottish Ministers must approve or refuse a derogation application within 21 days from its receipt and notify the applicant of the decision in writing.
(5)
Where the Scottish Ministers refuse a derogation application, they shall give the occupier reasons for the refusal.
Conditions of a derogation from the annual farm limit of nitrogen in livestock manure14B.
A derogation shall be subject to the following conditions—
(a)
total nitrogen inputs shall not exceed the foreseeable nutrient demand of the considered crop, taking into account the supply from the soil;
(b)
livestock manure shall not be spread in the autumn before grass cultivation;
(c)
grass on sandy soils, if ploughed, shall only be ploughed in spring;
(d)
ploughed grass on all soil types shall be followed immediately by a crop with high nitrogen demand;
(e)
crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen, other than clover in grassland with less than 50% clover or leguminous plants under-sown with grass;
(f)
nitrogen and phosphate soil sampling and analysis shall be carried out at least once every four years for, as a minimum, every five hectares of the farm that, having regard to crop rotation and soil characteristics, can reasonably be considered homogeneous; and
(g)
fertilisation accounts for each calendar year for which a derogation is granted shall be prepared and submitted to the Scottish Ministers by 30th April of the following year.”.
Amendment of Regulation 257.
(1)
Regulation 25 (records to be kept) is amended as follows.
(2)
“(2)
The occupier of a derogated farm must, in addition to the records to be kept under paragraph (1), keep records of—
(a)
the derogation application and decision;
(b)
the fertiliser and manure management plan referred to in regulation 5;
(c)
fertilisation accounts; and
(d)
the results of nitrogen and phosphate analysis in soil referred to in regulation 14B.
(3)
The Scottish Ministers must publish electronically the manner and form in which fertilisation accounts must be prepared and submitted.
(4)
The records referred to in paragraphs (1) and (2) must be kept for each year.”.
Amendment of Schedule 18.
(1)
Schedule 1 (calculation of nitrogen (“N”) in livestock manure) is amended as follows.
(2)
Omit the heading “Calculation of nitrogen (‘N’) in livestock manure” and substitute “Calculation of nitrogen (‘N’) and phosphate (‘P2O5’) in livestock manure”.
(3)
“Table 1Standards for the volume of excreta, nitrogen and phosphate in manure produced by livestock
Pigs
Daily Excreta (litres per animal/day)
Daily Nitrogen production (grams per animal/day)
Daily Phosphate production (grams per animal/day)
Weight
From 7 to 13kg
1.3
4.1
1.3
From 13 to 31kg
2.0
14.2
6.0
From 31 to 66kg—
Dry fed
3.7
24
12.1
Liquid fed
7.1
24
12.1
From 66kg and—
intended for slaughter—
dry fed
5.1
33
17.9
liquid fed
10.0
33
17.9
sow intended for breeding that has not yet had its first litter (maiden gilt)
5.6
38
20.0
sow (including litter up to 7kg) fed on a diet supplemented with synthetic amino acids
10.9
44
37.0
sow (including litter up to 7kg) fed on a diet without synthetic amino acids
10.9
49
37.0
Breeding boar from 66kg up to 150kg
5.1
33
17.9
Breeding boar, from 150kg
8.7
48
28.0
Cattle
Daily Excreta (litres per animal/day)
Daily Nitrogen production (grams per animal/day)
Daily Phosphate production (grams per animal/day)
Calf (all categories) up to 3 months
7.0
23
12.7
Dairy cow
From 3 months up to 13 months
20
95
34
From 13 months up to first calf
40
167
69
After first calf and—
annual milk yield more than 9000 litres
64
315
142
annual milk yield between 6000 to 9000 litres
53
276
121
annual milk yield less than 6000 litres
42
211
93
From 3 up to 13 months
20
91
33
From 13 up to 25 months
26
137
43
Over 25 months—
Females or steers for slaughter
32
137
60
Females for breeding—
weighing 500kg or less
32
167
65
weighing more than 500kg
45
227
86
Bulls
non-breeding, 3 months and over
26
148
24
Breeding
From 3 up to 25 months
26
137
43
Over 25 months
26
132
60
Sheep
Daily Excreta (litres per animal/day)
Daily Nitrogen production (grams per animal/day)
Daily Phosphate production (grams per animal/day)
From 6 months up to 9 months old
1.8
5.5
0.76
From 9 months old to first lambing, first tupping or slaughter
1.8
3.9
2.1
weight up to 60kg
3.3
21
8.8
weight over 60kg
5.0
33
10
Goats, deer and horses
Daily Excreta (litres per animal/day)
Daily Nitrogen production (grams per animal/day)
Daily Phosphate production (grams per animal/day)
Goat
3.5
41
18.8
Deer
Breeding
5.0
42
17.6
Other
3.5
33
11.7
Horse
24
58
56
Poultry
Daily Excreta(a) (kilograms per bird/day)
Daily Nitrogen production (grams per bird/day)
Daily Phosphate production (grams per bird/day)
Laying chicken
up to 17 weeks
0.04
0.64
0.47
17 weeks and over (caged)
0.12
1.13
1.0
17 weeks and over (free range)
0.12
1.5
1.1
Broiler chicken (table)
0.06
1.06
0.72
Broiler chicken (breeder)—
up to 25 weeks
0.04
0.86
0.78
25 weeks and over
0.12
2.02
1.5
Turkey
Male
0.16
3.74
3.1
Female
0.12
2.83
2.3
Duck
0.10
2.48
2.4
Ostrich
1.6
3.83
18.5”.
Amendment of Schedule 39.
(1)
Schedule 3 (calculation of maximum nitrogen application to crops) is amended as follows.
(2)
“Table 1Nitrogen Residue Group 1 – Previous Crops in Nitrogen Residue Group 1 are: cereals, carrots, swedes, turnips (removed) & linseed
Predominant Soil Type in Field
Planned crop
Standard yield (t/ha)
Sand or shallow
Sandy loam or other mineral
Humose
Peaty
5.5
150
130
80
50
Winter Barley(c)
6.5
200
180
120
80
7.0
170
150
100
60
8.0
220
200
140
80
Spring Oats(c)
5.0
120
100
50
20
Winter Oats(c)
6.0
160
140
90
50
Spring Oilseed Rape
n/a
100
100
50
20
4.0
200
200
120
80
Winter Oilseed Rape (autumn)
n/a
30
30
30
30
Potatoes
n/a
245
225
175
145
Forage Maize, Rape
n/a
140
120
70
40
Kale
n/a
180
160
100
60
Swedes and Turnips
n/a
110
90
50
20
Linseed
n/a
80
60
30
0
Adjustments
There is no upward adjustment for excess winter rainfall on N Residue Group 1 Crops
Nitrogen Residue Group 2 - Previous Crops in Nitrogen Residue Group 2 are: - harvested fodder (whole crop), oilseed rape, hemp, vining peas & potatoes
Predominant Soil Type in Field
Planned crop
Standard yield
(t/ha)
Sand or shallow
Sandy loam or
Other mineral
Humose
Peaty
5.5
140
120
70
40
Winter Barley(c)
6.5
190
170
110
70
7.0
160
140
90
50
8.0
210
190
130
70
Spring Oats(c)
5.0
110
90
40
10
Winter Oats(c)
6.0
150
130
80
40
Spring Oilseed Rape
n/a
90
90
40
10
4.0
190
190
110
70
Winter Oilseed Rape (autumn)
n/a
20
20
20
20
Potatoes
n/a
235
215
165
135
Forage Maize, Rape
n/a
130
110
60
30
Kale
n/a
170
150
90
50
Swedes and Turnips
n/a
100
80
40
10
Linseed
n/a
70
50
20
0
Adjustments
If actual localised rainfall from 1st Oct – 1st March exceeds 450 mm: add 10kgN/ha
Nitrogen Residue Group 3 - Previous Crops in Nitrogen Residue Group 3 are: - harvested fodder (root only), beans, combining peas & whole crop lupins
Grassland Management Regimes in Residue Group 3:
1-2 year low N leys, grazed within 2 months of ploughing out or during September or October
Thin permanent grass, low N, no clover
Predominant Soil Type in Field
Planned crop
Standard yield
(t/ha)
Sand or shallow
Sandy loam or other mineral
Humose
Peaty
5.5
130
110
60
30
Winter Barley(c)
6.5
180
160
100
60
7.0
150
130
80
40
8.0
200
180
120
60
Spring Oats (c)
5.0
100
80
30
0
Winter Oats (c)
6.0
140
120
70
30
Spring Oilseed Rape
n/a
80
80
30
0
4.0
180
180
100
60
Winter Oilseed Rape (autumn)
n/a
10
10
10
10
Potatoes
n/a
225
205
155
125
Forage Maize, Rape
n/a
120
100
50
20
Kale
n/a
160
140
80
40
Swedes and Turnips
n/a
90
70
30
0
Linseed
n/a
60
40
10
0
Adjustments
If actual local rainfall from 1st Oct – 1st March exceeds 450 mm:
add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils
add 10kgN/ha to crops grown in other mineral, humose and peaty soils
Nitrogen Residue Group 4 - Previous Crops in Nitrogen Residue Group 4 is: - grain lupin
Grassland Management Regimes in Residue Group 4:
-
1-2 year high N leys, grazed within 2 months of ploughing out or during September or October
-
3-5 year low N leys², not grazed within 2 months of ploughing out or during September or October
-
Thick permanent grass, low N
Predominant Soil Type in Field
Planned crop
Standard yield
(t/ha)
Sand or shallow
Sandy loam or other mineral
Humose
Peaty
5.5
110
90
40
10
Winter Barley(c)
6.5
170
140
80
40
7.0
130
110
60
20
8.0
180
160
100
40
Spring Oats(c)
5.0
80
60
10
0
Winter Oats(c)
6.0
130
100
50
10
Spring Oilseed Rape
n/a
60
60
10
0
4.0
140
140
80
40
Winter Oilseed Rape (autumn)
n/a
0
0
0
0
Potatoes
n/a
205
185
145
115
Forage Maize, Rape
n/a
100
80
30
0
Kale
n/a
140
120
60
20
Swedes and Turnips
n/a
80
60
20
0
Linseed
n/a
10
0
0
0
Adjustments
If actual local rainfall from 1st Oct – 1st March exceeds 450 mm:
add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils
add 10kgN/ha to crops grown in other mineral, humose and peaty soils
Nitrogen Residue Group 5 - Previous Crops in Nitrogen Residue Group 5 are: - leafy brassica vegetables, leafy non-brassica vegetables & grazed fodder
Grassland Management Regimes in Residue Group 5:
-
3 - 5 year high N leys, not grazed within 2 months of ploughing out or during September or October
-
3 - 5 year low N leys, grazed within 2 months of ploughing out or during September or October
-
Permanent grass, high N, not grazed within 2 months of ploughing out or during September or October
Predominant Soil Type in Field
Planned crop
Standard yield
(t/ha)
Sand or shallow
Sandy loam or other mineral
Humose
Peaty
5.5
80
60
10
0
Winter Barley(c)
6.5
140
110
50
10
7.0
100
80
30
0
8.0
150
130
70
10
Spring Oats(c)
5.0
50
30
0
0
Winter Oats(c)
6.0
100
70
20
0
Spring Oilseed Rape
n/a
30
30
0
0
4.0
110
110
50
0
Winter Oilseed Rape (autumn)
n/a
0
0
0
0
Potatoes
n/a
175
155
135
105
Forage Maize, Rape
n/a
70
50
0
0
Kale
n/a
110
90
30
0
Swedes and Turnips
n/a
70
50
10
0
Linseed
n/a
10
0
0
0
Adjustments
If actual local rainfall from 1st Oct – 1st March exceeds 450 mm:
add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils
add 10kgN/ha to crops grown in other mineral, humose and peaty soils
Nitrogen Residue Group 6
Management Regimes in Residue Group 6:
-
3 -5 year high N leys, grazed within 2 months of ploughing out
-
permanent grass, high N, grazed within 2 months of ploughing out
Predominant Soil Type in Field
Planned crop
Standard yield
(t/ha)
Sand or shallow
Sandy loam or other mineral
Humose
Peaty
5.5
40
20
0
0
Winter Barley(c)
6.5
100
70
10
0
7.0
70
0
0
0
8.0
110
90
30
0
Spring Oats(c)
5.0
10
0
0
0
Winter Oats(c)
6.0
60
30
0
0
Spring Oilseed Rape
n/a
0
0
0
0
4.0
70
70
10
0
Winter Oilseed Rape (autumn)
n/a
0
0
0
0
Potatoes
n/a
135
115
115
115
Forage Maize, Rape
n/a
30
10
0
0
Kale
n/a
70
50
0
0
Swedes and Turnips
n/a
50
30
0
0
Linseed
n/a
0
0
0
0
Adjustments
If actual local rainfall from 1 Oct – 1 March exceeds 450 mm:
add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils
add 10kgN/ha to crops grown in other mineral, humose and peaty soils”.
(3)
“PART C
Cattle, Dirty Water and Pig Slurry – Percentage of nitrogen available to next crop following Cattle Slurry, Dirty Water and Pig Slurry applications (use the value in brackets for grassland and winter oilseed rape cropping).
Autumn
Winter
Spring
Summer use on Grassland
August-October
November-January
Feb - April
Manure Type
Dry
Matter
%
Ref
No.
Incorporation time/method
Total N
(kg/t)
Sands
Sandy Loams
Shallow
All other soils
Sands
Sandy Loams
Shallow
All other soils
All
Soils
Cattle slurry – Surface applied
2
12
Not incorporated
1.6
20
30 (35)
30
30
45
30
Cattle slurry – Surface applied
6
13
Not incorporated
2.6
20
25 (30)
25
25
35
25
Cattle slurry – Surface applied
10
14
Not incorporated
3.6
20
20 (25)
20
20
25
20
Cattle slurry – ploughed in
2
15
Within 6 hrs
1.6
20
35 (40)
30
35
50
N/A
Cattle slurry – ploughed in
6
16
Within 6 hrs
2.6
20
30 (35)
25
30
40
N/A
Cattle slurry – ploughed in
10
17
Within 6 hrs
3.6
20
25 (30)
20
25
30
N/A
Cattle slurry – Band-spread
2
18
Band-spread
1.6
20
30 (35)
30
30
50
40
Cattle slurry – Band-spread
6
19
Band-spread
2.6
20
25 (30)
25
25
40
30
Cattle slurry – Band-spread
10
20
Band-spread
3.6
20
20 (25)
20
20
30
25
Cattle slurry – shallow injected
2
21
Shallow injected
1.6
20
30 (35)
35
35
55
45
Cattle slurry – shallow injected
6
22
Shallow injected
2.6
20
25 (30)
30
30
45
35
Cattle slurry – shallow injected
10
23
Shallow injected
3.6
20
20 (25)
25
25
35
30
Separated – Strainer box
*
24
Select from above
1.5
*Use the appropriate values for 2% dry matter cattle slurry
Separated – Weeping wall
*
25
2
Separated – Mechanical
*
26
3
Dirty Water
0.5
27
Not incorporated
0.5
20
35 (40)
35
35
50
30
Pig slurry – surface applied
2
28
Not incorporated
3.0
25
35 (40)
40
40
55
55
Pig slurry – surface applied
4
29
Not incorporated
3.6
25
30 (35)
35
35
50
50
Pig slurry – surface applied
6
30
Not incorporated
4.4
25
25 (30)
30
30
45
45
Pig slurry – ploughed in
2
31
Within 6 hrs
3.0
25
45 (50)
35
50
65
N/A
Pig slurry – ploughed in
4
32
Within 6 hrs
3.6
25
40 (45)
30
45
60
N/A
Pig slurry – ploughed in
6
33
Within 6 hrs
4.4
25
40 (45)
30
40
55
N/A
Pig slurry – Band-spread
2
34
Band-spread
3.0
25
35 (40)
40
40
60
60
Pig slurry – Band-spread
4
35
Band-spread
3.6
25
35 (40)
35
35
55
55
Pig slurry – Band-spread
6
36
Band-spread
4.4
25
30 (35)
35
35
50
50
Pig slurry - shallow injected
2
37
Shallow injected
3.0
25
40 (45)
45
45
65
65
Pig slurry - shallow injected
4
38
Shallow injected
3.6
25
35 (40)
40
40
60
60
Pig slurry - shallow injected
6
39
Shallow injected
4.4
25
35 (40)
40
40
55
55
Mechanical separator
**
40
Select from above
3.6
**Use the appropriate value for 2% dry matter pig slurry”
Revocation10.
St Andrew’s House,
Edinburgh
They also correct minor errors in the tables in Schedules 1 and 3 to those Regulations.