The Nitrate Pollution Prevention Regulations 2015
These Regulations consolidate, with minor corrections and drafting changes, the provisions set out in regulation 44. They continue to implement in England Council Directive 91/676/EEC (concerning the protection of waters against pollution by nitrates from agricultural sources) and Commission Decision 009/431/EC granting a derogation pursuant to that Directive. These Regulations come into force on 1st May 2015 and apply in relation to England only.
Part 2 of the Regulations provides for the designation of land as nitrate vulnerable zones. (Parts 3 to 8 apply only in relation to holdings that are in nitrate vulnerable zones designated for the purposes of these Regulations)
Part 3 imposes annual limits on the amount of nitrogen from organic manure that may be applied or spread in a holding in a nitrate vulnerable zone.
Part 4 establishes requirements relating to the amount of nitrogen to be spread on a crop, and requires an occupier to plan in advance how much nitrogen fertiliser will be spread.
Part 5 requires an occupier to provide a risk map of the holding and imposes conditions on how, where and when to spread nitrogen fertiliser. It also establishes closed periods during which the spreading of nitrogen fertiliser is prohibited.
Part 6 makes provision for how nitrogen fertiliser must be stored.
Part 7 specifies which records must be kept.
Part 8 provides for the procedure for an application for a derogation and establishes an appeals procedure against the refusal of an application. Schedule 3 sets out the additional requirements to be met by an occupier of a derogated holding.
Part 9 requires the Secretary of State to review the Regulations.
Part 10 makes provision about enforcement. Breach of the Regulations is an offence punishable with a fine on summary conviction or on conviction on indictment. The Environment Agency is responsible for enforcing the Regulations.
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