10. After regulation 16, insert—
16A.—(1) This regulation applies without prejudice to regulations 12 and 13, in respect of 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) Subject to paragraph (3), acting on the written advice of a person who is a member of the Fertiliser Advisers Certification and Training Scheme(1) (a “FACTS adviser”), the occupier of a holding may spread or permit the spreading of nitrogen in an amount advised by the FACTS adviser which exceeds the amount otherwise allowed in respect of grass under regulation 16.
(3) The total amount of nitrogen which an occupier may spread on any given hectare may 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 calculating the amounts referred to in paragraphs (2) and (3), the total amount of nitrogen from organic manure must be calculated by reference to the methods described in regulation 17 for establishing available nitrogen.
(5) After the first year during which this regulation is relied on, the occupier who so relies must provide the FACTS adviser with soil analyses from representative autumn soil samples so that that adviser may take the analyses into account when advising for the purposes of paragraph (2) in relation to any subsequent years.
(6) In this regulation, “representative autumn soil samples” are soil samples taken during the period 1st September to 31st October which provide a representative indication of mineral nitrogen levels in the soil on which grass described in paragraph (1) is grown, taking into account the number of fields, soil type and terrain.”.
The scheme is administered by Basis Registration Ltd, and a list of qualified persons is available from them on request at http://www.basis-reg.com/contact.aspx