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The Nitrate Pollution Prevention Regulations 2015

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PART 4Crop requirements

Exclusion for crops in greenhouses

9.  This Part does not apply to the spreading of nitrogen fertiliser on a crop growing in a greenhouse.

Planning the spreading of nitrogen fertiliser

10.—(1) Before spreading nitrogen fertiliser, the occupier of a holding must—

(a)calculate the amount of nitrogen in the soil that is likely to be available for uptake by the crop concerned during the growing season,

(b)calculate the optimum amount of nitrogen that should be spread on the crop, taking into account the amount of nitrogen calculated under sub-paragraph (a), and

(c)produce a plan for the spreading of nitrogen fertiliser for that growing season (a “fertilisation plan”).

(2) In the case of permanent grassland, the occupier must comply with the duty under paragraph (1) each calendar year before the first spreading of nitrogen fertiliser.

(3) In the case of any other crop, the occupier must comply with the duty under paragraph (1) before spreading any nitrogen fertiliser for the first time for the purpose of fertilising a crop planted or intended to be planted.

(4) The fertilisation plan must be in permanent form.

(5) The fertilisation plan must record—

(a)the reference or name of the relevant field,

(b)the area of the field planted or intended to be planted, and

(c)the type of crop.

(6) In relation to the area planted or intended to be planted, the fertilisation plan must record—

(a)the soil type,

(b)the previous crop (and, if it was grass, whether it was managed by cutting or grazing),

(c)the amount calculated under paragraph (1)(a) and the method used to calculate the figure,

(d)the month in which it is expected that the crop will be planted,

(e)the expected yield (if arable), and

(f)the optimum amount of nitrogen that should be spread on the crop, taking into account the amount of nitrogen calculated under paragraph (1)(a).

Additional information to be recorded

11.—(1) Before spreading organic manure, the occupier of a holding must on each occasion calculate the amount of nitrogen that is likely to be available from that manure for crop uptake in the growing season in which it is spread.

(2) Before spreading organic manure, the occupier of a holding must record—

(a)the area on which the manure is to be spread,

(b)the quantity to be spread,

(c)the month in which it is to be spread,

(d)the type of manure,

(e)its total nitrogen content, and

(f)the amount of nitrogen likely to be available from the manure to be spread for crop uptake in the growing season in which it is spread.

(3) Before spreading manufactured nitrogen fertiliser, the occupier of a holding must record—

(a)the amount required, and

(b)the month in which it is planned to spread it.

Total nitrogen spread on a holding

12.—(1) The occupier of a holding must ensure that the total amount of nitrogen spread on a crop or group of crops specified in the table in paragraph (4) does not exceed the figure specified in the second column in any twelve-month period, adjusted as specified in the notes and multiplied by the total area in hectares of the crop or group sown on the holding.

(2) The “total amount of nitrogen” means the total of—

(a)the amount of nitrogen from manufactured nitrogen fertiliser, and

(b)the amount of nitrogen available for crop uptake from organic manure in the growing season in which it is spread (calculated in accordance with regulation 14).

(3) This regulation is subject to regulation 13 and applies irrespective of the figure given in the fertilisation plan.

(4) This is the table referred to in paragraph (1)—

CropPermitted amount of nitrogen (kg)(1)Standard yield (tonne/ha)
(1)

An additional 80kg per hectare is permitted to all crops grown in fields if the current or previous crop has had straw or paper sludge applied to it.

(2)

An additional 20kg per hectare is permitted on fields with shallow soil (other than shallow soils over sandstone).

(3)

An additional 20kg per hectare is permitted for every tonne that the expected yield exceeds the standard yield specified in the third column.

(4)

An additional 40kg per hectare is permitted to milling wheat varieties.

(5)

This is inclusive of any nitrogen that is applied as an exemption to the closed period for manufactured nitrogen fertiliser. The permitted amount may be increased by up to 30kg per hectare for every half tonne that expected yield exceeds the standard yield specified in the third column.

(6)

An additional 40kg per hectare is permitted to grass that is cut at least three times a year.

Autumn or early winter sown wheat220(2) (3) (4)8
Spring-sown wheat180(3) (4)7
Winter barley180(2) (3)6.5
Spring barley150(3)5.5
Winter oilseed rape250(5)3.5
Sugar beet120n/a
Potatoes270n/a
Forage maize150n/a
Field beans0n/a
Peas0n/a
Grass300(6)n/a
Asparagus, carrots, radishes, swedes (individually or in combination)180n/a
Celery, courgettes, dwarf beans, lettuce, onions, parsnips, runner beans, sweetcorn, turnips (individually or in combination)280n/a
Beetroot, Brussels sprouts, cabbage, calabrese, cauliflower, leeks (individually or in combination)370n/a

Grass grown for dehydration or for chlorophyll production

13.—(1) This regulation applies (without prejudice to regulations 7 and 8) in relation to nitrogen which is spread in any twelve-month period, as manufactured nitrogen fertiliser and as nitrogen available for crop uptake from organic manure, on grass grown to achieve a minimum protein content of 16% once harvested and dried.

(2) The occupier of a holding, acting on the written advice of a FACTS adviser, may (subject to paragraph (3)) spread or permit the spreading of nitrogen in an amount so advised even if it exceeds the amount that would otherwise be permitted for grass under regulation 12.

(3) The total amount of nitrogen which the occupier may spread on any given hectare must not exceed—

(a)700 kg, if the grass is irrigated, or

(b)500 kg, if the grass is not irrigated.

(4) For the purposes of this regulation, the total amount of nitrogen from organic manure must be calculated by reference to the methods described in regulation 14 for establishing available nitrogen.

(5) After acting in reliance on this regulation, the occupier must provide the FACTS adviser with soil analyses from representative autumn soil samples so that the adviser may take the analyses into account when advising for the purposes of paragraph (2) in relation to subsequent years.

(6) In paragraph (5), “representative autumn soil samples” means soil samples taken during the period beginning with 1st September and ending with the following 31st October which provide a representative indication of mineral nitrogen levels in the soil on which grass of the kind described in paragraph (1) is grown, taking into account the number of fields, soil type and terrain.

Calculating the amount of nitrogen available for crop uptake from organic manure

14.—(1) This regulation sets out for the purposes of regulations 8(9), 12(2), 13(4) and 31(6) how to calculate—

(a)the total amount of nitrogen in organic manure (“nitrogen content”), and

(b)the amount of nitrogen in that organic manure that is available for crop uptake in the growing season in which it is spread (“available nitrogen”).

(2) In relation to livestock manure, the nitrogen content is calculated either by using the standard table in Part 1 of Schedule 2 or by sampling and analysis in accordance with Part 2 of that Schedule.

(3) In relation to livestock manure of a type set out in the first column of the following table, the available nitrogen is the percentage set out in relation to it in the third column (with the second column being included for ease of reference in connection with assessing compliance with requirements under the regulations in force before the commencement of these Regulations(1))—

Type of livestock manureAmount of nitrogen available for crop uptake in the growing season in which it is spread before 1st January 2014Amount of nitrogen available for crop uptake in the growing season in which it is spread on and after 1st January 2014
Cattle slurry35%40%
Pig slurry45%50%
Poultry manure30%30%
Other livestock manure10%10%

(4) In relation to organic manure (other than livestock manure) which is supplied by a manufacturer or other supplier, the nitrogen content and the available nitrogen are to be calculated—

(a)by reference to the supplier’s technical analyses or, in so far as such information is unavailable, the values given in the Fertiliser Manual (and referred to there as “total nitrogen” and “nitrogen available for the next crop” respectively), or

(b)by sampling and analysis in accordance with Part 2 of Schedule 2.

(5) In relation to any other organic manure (other than livestock manure), the nitrogen content and the available nitrogen are to be calculated—

(a)by reference to the values given in the Fertiliser Manual (and referred to there as described in paragraph (4)(a)), or

(b)by sampling and analysis in accordance with Part 2 of Schedule 2.

(6) In the case of an organic manure for which no value is established for the purposes of a provision referred to in paragraph (1), the occupier may not spread it in reliance on that provision on a crop referred to in regulation 12 or 13.

(7) The reference in paragraph (4)(a) to the supplier’s technical analyses is a reference to the technical analyses carried out by the supplier and either provided to the occupier concerned or otherwise published by the supplier.

(8) In this regulation, “the Fertiliser Manual” means the Fertiliser Manual RB209, 8th edition(2).

(1)

See regulation 17 of S.I. 2008/2349 as substituted by S.I. 2013/1001.

(2)

Published by TSO, June 2010, ISBN 978-0-11-243286-9.

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