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The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015

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This is the original version (as it was originally made).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Nitrate Pollution Prevention (Wales) Regulations 2013 (S.I. 2013/2506 (W.245)) (“the Nitrate Regulations”) and Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (“the Habitats Regulations”).

They implement in Wales Commission Decision 2013/781/EC (OJ No L 346, 20.12.13, p65) granting a derogation pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution by nitrates from agricultural sources (OJ No L 375, 31.12.91, p1, amended by OJ No L 284, 31.10.03, p1, OJ No L 311, 21.11.08, p1).

Regulation 3 amends regulation 6 (Interpretation) of the Nitrate Regulations. Regulation 5 inserts a new Part 3A into the Nitrate Regulations which introduces a procedure by which an application for a derogation must be made and establishes an appeal procedure against refusal of a derogation application.

Regulation 6 inserts a new Schedule 5 into the Nitrate Regulations which sets out additional requirements to be met by an occupier of a derogated holding.

Regulation 7 makes consequential amendments to the Habitats Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of regulatory impact assessments was considered in relation to these Regulations. As a result, it was not necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

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