3.—(1) Part 1 (Introduction) is amended as follows.
(2) For paragraph (2) of regulation 3 (coming into force), substitute—
“(2) Regulation 22(1) and Part 7 come into force on 1st January 2012, unless the holding is within an area marked as a NVZ deferred slurry storage area on the maps marked “Nitrate Vulnerable Zones (England 2009)”(1) and deposited at the offices of the Secretary of State for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR, where these provisions come into force on 1st January 2013.”.
(3) For regulation 6 (interpretation), substitute—
6. In these Regulations—
“Agency” means the Environment Agency;
“agricultural area” means any agricultural land used for agricultural purposes;
“agriculture” has the same meaning as in section 109(3) of the Agriculture Act 1947;
“crop with high nitrogen demand” includes, but not limited to, grass, potatoes, sugar beet, maize, wheat, oilseed rape, barley, brassicas, rye and triticale;
“deemed derogation” means a derogation granted under regulation 13B;
“derogated holding” means a holding over which a derogation has been granted;
“derogation” 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(2) and deemed or granted by the Agency or, on appeal, the derogation application appeals panel under regulation 13C;
“derogation application” means an application for a derogation;
“eutrophic” 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” means a plan prepared under regulation 14(1)(c) or other similar plans required under Schedule 4;
“grass” means—
permanent grassland or temporary grassland (temporary means for less than four years);
existing between the sowing and ploughing the grass; and
including crops under-sown with grass,
but does not include grassland with 50% or more clover;
“grazing livestock” means any animal specified in Table 1 in Schedule 1;
“holding” 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” means land that—
has an average slope less than 3º;
does not have land drains (other than a sealed impermeable pipe); and
is at least 50 metres from a watercourse or conduit leading to a watercourse;
“livestock” means any animal (including poultry) specified in Schedule 1;
“manufactured nitrogen fertiliser” means any nitrogen fertiliser (other than organic manure) manufactured by an industrial process;
“manufactured phosphate fertiliser” means any phosphate fertiliser (other than organic manure) manufactured by an industrial process;
“nitrogen fertiliser” means any substance containing one or more nitrogen compounds used on land to enhance growth of vegetation and includes organic manure;
“non-grazing livestock” means any animal specified in Table 2 in Schedule 1;
“organic manure” means any nitrogen fertiliser or phosphate fertiliser derived from animal, plant or human sources and includes livestock manure;
“phosphate fertiliser” means any substance containing one or more phosphorus compounds used on land to enhance growth of vegetation and includes organic manure;
“poultry” means poultry specified in Schedule 1;
“sandy soil” means any soil over sandstone, and any other soil where—
in the layer up to 40 cm deep, there are—
more than 50 per cent by weight of particles from 0.06 to 2 mm in diameter,
less than 18 per cent by weight of particles less than 0.02 mm diameter, and
less than 5 per cent by weight of organic carbon; and
in the layer from 40 to 80 cm deep, there are—
more than 70 per cent by weight of particles from 0.06 to 2mm in diameter,
less than 15 per cent by weight of particles less than 0.02 mm diameter, and
less than 5 per cent by weight of organic carbon;
“shallow soil” is soil that is less than 40 cm deep;
“slurry” 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” 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.”.
These maps, for illustrative purposes only, can be accessed on www.defra.gov.uk/environment/quality/water/waterquality/diffuse/nitrate/nvz2008.htm, but the version deposited at the offices of the Secretary of State is the definitive version.
OJ No L 141, 6.6.09, p48.