- Y Diweddaraf sydd Ar Gael (Diwygiedig) - Saesneg
- Y Diweddaraf sydd Ar Gael (Diwygiedig) - Cymraeg
- Pwynt Penodol mewn Amser (03/05/2019)
- Gwreiddiol (Fel y'i Gwnaed) - Saesneg
- Gwreiddiol (Fel y'i Gwnaed) - Cymraeg
Version Superseded: 01/04/2021
Point in time view as at 03/05/2019.
There are currently no known outstanding effects for the The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019.
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Welsh Statutory Instruments
Agriculture, Wales
Water, Wales
Made
10 April 2019
Laid before the National Assembly for Wales
12 April 2019
Coming into force in accordance with regulation 1
The Welsh Ministers are designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to matters relating to the protection of waters against pollution caused by nitrates from agricultural sources and make these Regulations in exercise of the powers conferred by that section.
Marginal Citations
M1See S.I. 2001/2555 for the designation conferred on the National Assembly for Wales. By virtue of sections 59 and 162 of, and paragraph 28 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), that designation is now conferred on the Welsh Ministers.
M21972 c. 68; section 2(2) was amended by section 27(1) (a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).
1. The title of these Regulations is the Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019 and they come into force 21 days after the date on which they are laid.
Commencement Information
I1Reg. 1 in force at 3.5.2019, see reg. 1
2. The Nitrate Pollution Prevention (Wales) Regulations 2013 M3 are amended in accordance with regulations 3 to 8.
Commencement Information
I2Reg. 2 in force at 3.5.2019, see reg. 1
Marginal Citations
M3S.I. 2013/2506 (W. 245), amended by S.I. 2015/2020 (W. 308), 2018/1216 (W. 249). There are other amending instruments but none is relevant.
3. In regulation 4—
(a)the existing paragraph is renumbered as paragraph (1) of that regulation;
(b)after paragraph (1) (as renumbered) insert—
“(2) In relation to a new holding—
(a)regulations 12 to 22, 23(3), 24, 25, 30 to 33 and 36 to 46 do not apply until the beginning of the second calendar year after the year in which the Welsh Ministers revise or add to the designation of nitrate vulnerable zones under regulation 11(2) so as to include the new holding;
(b)regulations 23(1) and (2), 26 to 29, 34 and 35 do not apply until 31 July in the third calendar year after the year in which the Welsh Ministers revise or add to the designation of nitrate vulnerable zones under regulation 11(2) so as to include the new holding.”
Commencement Information
I3Reg. 3 in force at 3.5.2019, see reg. 1
4. In regulation 6, in the appropriate place, insert—
““new holding” (“daliad newydd”) means land and its associated buildings which become a holding as a result of the Welsh Ministers revising or adding to the designation of nitrate vulnerable zones following a review under regulation 11(3), and which were not a holding immediately before the date of that revision or addition;”.
Commencement Information
I4Reg. 4 in force at 3.5.2019, see reg. 1
5. In regulation 7—
(a)for paragraphs (2) and (3) substitute—
“(2) An area is designated as a nitrate vulnerable zone for the purposes of these Regulations if, as an area of land that drains into polluted waters and contributes to the pollution of those waters, it is marked as such a zone on a relevant map.
(3) For the purposes of this regulation—
(a)for the period beginning with 25 October 2013 and ending with the day on which the Welsh Ministers next revise or add to the designation of nitrate vulnerable zones under regulation 11(3), “map” means the map marked “ Nitrate Vulnerable Zones Index Map 2013 ” and deposited at the offices of the Welsh Government at Cathays Park, Cardiff, CF10 3NQ;
(b)following any subsequent review under regulation 11(3), “map” means a map which is deposited at the offices of the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and which—
(i)is marked “This map identifies those areas of Wales designated by the Welsh Ministers as a Nitrate Vulnerable Zone for the purposes of the Nitrate Pollution Prevention (Wales) Regulations 2013”; and
(ii)specifies the period to which it relates.”;
(b)in paragraph (4), for “at the latest every four years subsequently” substitute “ before 1 January of every fourth year thereafter ”.
Commencement Information
I5Reg. 5 in force at 3.5.2019, see reg. 1
6. In regulation 11(2), for “at least every four years subsequently” substitute “ before 1 January of every fourth year thereafter ”.
Commencement Information
I6Reg. 6 in force at 3.5.2019, see reg. 1
7. In regulation 36, after paragraph (2), insert—
“(3) The occupier of a new holding must record the total size of the holding calculated in accordance with regulation 12(3).”
Commencement Information
I7Reg. 7 in force at 3.5.2019, see reg. 1
8. In regulation 37, after paragraph (3), insert—
“(4) The occupier of a new holding must calculate and record the matters listed in paragraph (1) (a) to (c).”
Commencement Information
I8Reg. 8 in force at 3.5.2019, see reg. 1
Lesley Griffiths
Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers
(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 2013 Regulations”) relating to monitoring of nitrate pollution and designation of nitrate vulnerable zones.
Regulation 5 amends regulation 7 of the 2013 Regulations to update the process by which the Welsh Ministers may designate areas as nitrate vulnerable zones. The current designation process is reliant on section 2(2) of the European Communities Act 1972 which will be repealed once the United Kingdom leaves the European Union.
Regulation 4 amends regulation 6 of the 2013 Regulations to introduce a definition for “new holding” in light of the new designation process.
Regulation 3 amends regulation 4 of the 2013 Regulation so as to provide transitional arrangements for new holdings.
Regulations 6 to 8 make further consequential provision including introducing reporting requirements in relation to new holdings.
The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, no impact assessment has been produced for these Regulations as there is no change to policy, or impact on business or the voluntary sectors foreseen.
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