Regulation 36(4)
1. In this Schedule—
“the occupier” means the occupier of a derogated holding;
“the holding” means the derogated holding.
2.—(1) The occupier must ensure that in the calendar year for which the derogation has effect—
A ≥ (Ngl/250) + (Nngl/170).
(2) For the purposes of paragraph (1)—
“A” is the area of the derogated holding in hectares as at 1st January in that calendar year;
“Ngl” is the total amount of nitrogen in kilogrammes in livestock manure from animals listed as “grazing livestock” in Schedule 1, whether applied directly by an animal or by spreading;
“Nngl” is the total amount of nitrogen in kilogrammes in livestock manure from animals listed as “non-grazing livestock” in Schedule 1, whether applied directly by an animal or by spreading.
3.—(1) The occupier must—
(a)calculate the amount of phosphorus in the soil that is likely to be available for uptake by the crop during the growing season,
(b)calculate the optimum amount of phosphate fertiliser that should be spread on the crop, taking into account the amount calculated under paragraph (a), and
(c)produce a plan for the spreading of phosphate fertiliser for that growing season.
(2) In the case of permanent grassland, the occupier must comply with the duty under sub-paragraph (1) in each calendar year before spreading phosphate fertiliser.
(3) In the case of any other crop, the occupier must comply with the duty under sub-paragraph (1) before spreading any phosphate fertiliser for the first time for the purpose of fertilising a crop planted or to be planted.
4.—(1) The fertilisation plan for the holding must—
(a)include a sketch plan indicating the location of the fields to which the plan relates, and
(b)clearly state in relation to any field referred to in the plan the nature of the fertilizer to be used.
(2) The fertilisation plan must record—
(a)the amount of phosphorus calculated under paragraph 3(1)(a) and the method used to calculate that figure,
(b)the optimum amount of phosphate fertiliser that should be spread on the crop, taking into account the amount of phosphorus referred to in sub-paragraph (a),
(c)the amount of nitrogen likely to be available for uptake by the crop from any organic manure intended to be spread for crop uptake in the growing season during the calendar year in which it is spread,
(d)the amount of phosphate likely to be supplied to meet the requirement of the crop from any organic manure spread or intended to be spread during the calendar year;
(e)the amount of manufactured nitrogen fertiliser required (that is, the optimum amount of nitrogen required by the crop less the amount of nitrogen that will be available for crop uptake from any organic manure spread during that calendar year), and
(f)the amount of manufactured phosphate fertiliser required (that is, the optimum amount of phosphate required by the crop less the amount of phosphate supplied for crop uptake from any organic manure spread for the purpose of fertilising the crop during that calendar year).
5.—(1) At least every four years, the occupier must undertake soil sampling and analysis for the supply of phosphorus of at least every five hectares of the agricultural area of the derogated holding under the same cropping regime and soil type.
(2) The occupier may rely on the result of previous phosphorus soil sampling and analysis of the agricultural area of the derogated holding under the same cropping regime and soil type for the purposes of sub-paragraph (1), if the sampling and analysis was carried out within four years before the grant of the derogation.
(3) But where phosphorus soil sampling and analysis of the agricultural area of the derogated holding under the same cropping regime and soil type has not been carried out within four years before the grant of the derogation, such sampling and analysis must be carried out—
(a)on 75% of the agricultural area no later than 12 months after the grant of the derogation;
(b)on 100% of the agricultural area no later than 12 months after the date on which a derogation is next granted to the occupier.
6.—(1) Before spreading organic manure, the occupier must record—
(a)the total phosphate content of the organic manure, and
(b)the amount of phosphate likely to be supplied from the organic manure intended to be spread for the purpose of fertilising the crop in the growing season in which it is spread.
(2) Before spreading manufactured phosphate fertiliser, the occupier must also record—
(a)the amount required (that is, the optimum amount of phosphate required by the crop less the amount of phosphate that will be supplied for crop uptake from any organic manure spread), and
(b)the month in which it is planned to do the spreading.
7.—(1) The risk map for the holding must—
(a)show each field marked with a reference number or number to enable cross-reference to fields recorded in the fertilisation plan,
(b)correspond with the agricultural area of the holding, and
(c)be completed by 1st March in the calendar year to which it relates.
(2) Where a change in circumstances affects a matter referred to in paragraph (1), the occupier must update the map within one month of the change.
8. The occupier must maintain the holding to ensure at least 80% of the agricultural area is sown with grass during the calendar year to which the derogation applies.
9.—(1) Any temporary grassland on sandy soils on the holding must not be ploughed between 1st July and the following 31st December.
(2) Where livestock manure has been spread on grass on sandy soils on the holding between 1st September and 31st December, the grass must not be ploughed before the following 16th January.
(3) Where livestock manure has been spread on grass not on sandy soils on the holding between 15th October and the following 15th January, the grass must not be ploughed before the following 16th January.
10.—(1) Where any grass on the holding is ploughed, the land must—
(a)be sown with a crop with high nitrogen demand within four weeks beginning with the day after the ploughing, or
(b)be sown with grass within six weeks beginning with that day.
(2) The reference to a crop with high nitrogen demand includes a reference to grass, potatoes, sugar beet, maize, wheat, oilseed rape, barley, brassica, rye and triticale.
11. Crop rotation on the holding must not include leguminous or other plants fixing atmospheric nitrogen except for—
(a)grass with less than 50% clover, or
(b)any other leguminous plant that is under-sown with grass.
12.—(1) The occupier must record the total agricultural area and the area of the grass within the holding by 1st March for each calendar year.
(2) If the size of the holding or the area of the grass within it changes, the occupier must update the record under sub-paragraph (1) within one month beginning with the day after the day of the change.
13. The occupier must make a record describing the livestock housing and manure storage systems together with the volume of manure storage in place on the holding by 1st March for each calendar year.
14.—(1) The occupier must make a record of the expected number of livestock animals to be kept on the holding during the calendar year to which the derogation relates, and the category for each animal by reference to the categories in Schedule 1.
(2) Having complied with the duty under sub-paragraph (1), the occupier must calculate and record the amount of nitrogen and phosphate in manure expected to be produced by the livestock on the holding during that year by reference to Schedule 1.
(3) A record required under this paragraph must be made by 1st March for the calendar year concerned.
15.—(1) The occupier must—
(a)make a record of the type and amount of livestock manure that is intended to be brought on to the holding and sent off the holding during the calendar year to which the derogation relates, and
(b)calculate and record the amount of nitrogen in the livestock manure recorded under paragraph (a) in accordance with Part 1 or 2 of Schedule 2.
(2) A record required under this paragraph must be made by 1st March for the calendar year concerned.
16. The occupier must, within one week of sowing a crop on which the occupier spreads or intends to spread nitrogen fertiliser, record the crop sown and the date of sowing.
17. The occupier must record—
(a)within one week of spreading organic manure—
(i)the total phosphorus content, and
(ii)the amount of phosphate that was supplied for uptake by the crop, and
(b)within one week of spreading manufactured phosphate fertiliser—
(i)the date of spreading, and
(ii)the amount of phosphate spread.
18. The occupier must, within one week of ploughing on the holding, record the date of the ploughing.
19.—(1) The occupier must prepare accounts for the calendar year to which the derogation relates and must submit the accounts to the Agency by the following 30th April.
(2) The accounts must be in the form and manner published by the Agency.
(3) The accounts must record—
(a)the total agricultural area of the holding,
(b)the area of the holding covered by each of the following—
(i)winter wheat,
(ii)spring wheat,
(iii)winter barley,
(iv)spring barley,
(v)winter oilseed rape,
(vi)sugar beet,
(vii)potatoes,
(viii)forage maize,
(ix)grass, and
(x)other crops,
(c)the number of animals kept on the holding and the category for each animal by reference to the categories in Schedule 1,
(d)the amount of nitrogen and phosphate in the manure produced by the animals on the holding by reference to that Schedule,
(e)the amount, type and characteristics of livestock manure brought on to or sent off the holding,
(f)the amount of nitrogen and phosphate in the manure recorded under paragraph (e) calculated in accordance with paragraph 14(2),
(g)the weight in tonnes and the nitrogen content of all manufactured nitrogen fertiliser stocks kept on the holding between 1st January and 31st December, and
(h)the weight in tonnes and the nitrogen content of all manufactured nitrogen fertiliser brought on to and sent off the holding between those dates.