The Nitrate Pollution Prevention Regulations 2015

Application U.K.

36.—(1) The occupier of a holding may apply to the Agency for a derogation in a case where 80% or more of the agricultural area of the holding is sown with grass.

(2) “Derogation” means a derogation granted under this Part from the limit on the total amount of nitrogen in livestock manure that can be applied to land each year in accordance with paragraph 2(b) of Annex III to Council Directive 91/676/EEC.

[F1 (2A) For the purposes of paragraph (2), paragraph 2(b) of Annex 3 to Council Directive 91/676/EEC is to be read as if the third subparagraph were omitted.]

(3) The reference in paragraph (1) to the agricultural area does not include a reference to any land which is covered by a greenhouse.

[F2 (4) A derogation granted under this regulation ceases to have effect unless the occupier to whom the derogation is granted has sent to the Agency a written declaration that the conditions set out in Schedule 3 (“the derogation conditions”) will be met in relation to the holding.

(4A) The written declaration must be sent to the Agency within 28 calendar days of the derogation being granted.]

(5) The application must be submitted between 1st October and 31stDecember in the calendar year preceding that to which the application relates.

[F3 (5A) But an application relating to the calendar year commencing on 1st January 2017 may be submitted by 20th March 2017.]

(6) The application must be made in the form and manner published by the Secretary of State.

[F4 (7) As part of the review conducted under regulation 39, the Secretary of State must review the overall position of derogations granted under this regulation against—

(a) objective criteria, including—

(i) the existence, in designated nitrate vulnerable zones, of long growing seasons, crops with high nitrogen uptake, and soils with exceptionally high denitrification capacity;

(ii) the net rainfall in designated nitrate vulnerable zones;

(b) the following objectives—

(i) reducing water pollution caused or induced by nitrates from agricultural sources;

(ii) preventing further such pollution.]

Textual Amendments

F1 Reg. 36(2A) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 16(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 36(4)(4A) substituted for reg. 36(4) (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 8(a)

F3 Reg. 36(5A) inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 8(b)

F4 Reg. 36(7) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 16(4)(b); 2020 c. 1, Sch. 5 para. 1(1)