The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019

Nitrate Pollution Prevention Regulations 2015

5.—(1) The Nitrate Pollution Prevention Regulations 2015(1) are amended as follows.

(2) In regulation 2(1), for the definition of “new holding” substitute—

““new holding” means—

(a)

in the case of the designation of nitrate vulnerable zones which took place on 31st December 2016, land and its associated buildings which became a holding on that date (and which were not a holding immediately before that date); and

(b)

following any subsequent review under regulation 4(5), land and its associated buildings which become a holding as the result of the Secretary of State revising or adding to the designation of nitrate vulnerable zones and which were not a holding immediately before the date of that revision or addition;”.

(3) In regulation 3—

(a) for paragraph (2) substitute—

“(2) For the purposes of this regulation—

(a) for the period beginning with 1st December 2016 and ending with the day on which the Secretary of State next revises or adds to the designation of nitrate vulnerable zones under regulation 4(5), “relevant map” means a map marked “Nitrate Vulnerable Zones (England) 2017 to 2020” and published on 1st December 2016 on the Agency’s website;

(b) following any subsequent review under regulation 4(5), “relevant map” means a map which is published on the Agency’s website and which—

(i) is marked “This map identifies those areas of England designated by the Secretary of State as a Nitrate Vulnerable Zone for the purposes of the Nitrate Pollution Prevention Regulations 2015 (England).”; and

(ii) specifies the period to which it relates.”;

(b) after paragraph (2) insert—

“(3) The Agency must make provision for a relevant map to be obtainable by persons without access to the internet.”.

(4) In regulation 4(2), for “at least every four years subsequently” substitute “before 1st January of every fourth year thereafter”.

(5) In regulation 5(1), for “at least every four years subsequently” substitute “before 10th August of every fourth year thereafter”.

(6) In Schedule 4—

(a) in paragraph 1, for “1st January 2018” substitute “the beginning of the second calendar year after the year in which the Secretary of State revises or adds to the designation of nitrate vulnerable zones under regulation 4(5) so as to include the new holding”;

(b) in paragraph 2, for “31st July 2019” substitute “31st July in the third calendar year after the year in which the Secretary of State revises or adds to the designation of nitrate vulnerable zones under regulation 4(5) so as to include the new holding”.

(1)

S.I. 2015/668, amended by S.I. 2016/1190; there are other amending instruments but none is relevant.