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The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 4) Regulations 2023

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Regulation 8

SCHEDULE

Regulations 4A and 4B

SCHEDULE 1AEnhanced nutrient management requirements

Application of Schedule 1A

1.  The following enhanced nutrient management requirements apply to the occupier of a qualifying grassland holding intending during the relevant period to apply to the holding, whether directly by an animal or by spreading, a total amount of nitrogen in grazing livestock manure which exceeds 170 kg multiplied by the area of the holding in hectares.

Interpretation

2.  In this Schedule—

soil phosphorus index” (“mynegai ffosfforws pridd”) means a reference to the index number assigned to the soil in accordance with Table 1 of this Schedule, to indicate the level of phosphorus available from the soil;“soil sampling analysis” (“dadansoddiad samplu pridd”) means analysis of a soil sample carried out by a soil testing laboratory to analyse soils for phosphorus.

Livestock manure to be applied to the holding during relevant period

3.  The occupier must ensure that the only livestock manure to be applied to the holding during the relevant period, whether directly by an animal or by spreading, is manure produced by the livestock on the holding.

Soil sampling analysis

4.(1) The occupier must, for the purposes of determining the soil phosphorus index for each area of the holding with the same cropping regime, nutrient management regime and soil type, undertake soil sampling analysis of at least every five hectares of the agricultural area of the holding with the same cropping regime, nutrient management regime and soil type.

(2) An occupier may rely on the results of previous soil sampling analysis of the agricultural area of the holding with the same cropping regime, nutrient management regime and soil type for the purposes of sub-paragraph (1), provided such sampling analysis was carried out within the period beginning with 1 January 2020 and ending with 31 December 2023.

(3) Where phosphorus soil sampling analysis of the agricultural area of the holding with the same cropping regime, nutrient management regime and soil type has not been carried out within the period referred to in sub-paragraph (2), such sampling analysis must be undertaken within the period beginning with 1 January 2024 and ending with 30 March 2024.

Determining the soil phosphorus index

5.  The occupier must determine the soil phosphorus index for each area of the holding with the same cropping regime, nutrient management regime and soil type by using the results from the soil sampling analysis under paragraph 4 and the values in the following table.

Table 1 – Phosphorus index
Phosphorus index

Phosphorus (P) mg/L

Olsen (P)

00-9
110-15
216-25
326-45
446-70
571-100
6101-140
7141-200
8201-280
9Over 280

Planning the spreading of phosphate fertiliser

6.  In addition to the production of nitrogen spreading plans under regulation 6 (planning the spreading of nitrogen fertiliser) the occupier must, within the period beginning with 1 January 2024 and ending with 30 March 2024—

(a)calculate the optimum amount of phosphate fertiliser (kg) that should be spread on the crop during the relevant period, taking into account the soil phosphorus index, and

(b)produce a plan (“enhanced nutrient management plan”) for the spreading of phosphate fertiliser during the relevant period.

Requirements for enhanced nutrient management plans

7.(1) The enhanced nutrient management plan for the holding must—

(a)include a risk map, produced in accordance with paragraph 11(1), indicating the location of the fields to which the plan relates, and

(b)clearly state in relation to any field referred to in the plan the type of fertiliser to be used.

(2) The enhanced nutrient management plan must record—

(a)the soil phosphorus index for each area of the holding with the same cropping regime, nutrient management regime and soil type,

(b)the optimum amount of phosphate fertiliser (kg) that should be spread on the crop, taking into account the soil phosphorus index,

(c)the amount of nitrogen (kg) likely to be available for uptake by the crop from any organic manure intended to be spread for crop uptake in the growing season during the relevant period,

(d)the amount of phosphate (kg) likely to be supplied to meet the requirement of the crop from any organic manure spread or intended to be spread during the relevant period, calculated in accordance with—

(i)tables 1 and 2 (as applicable) of Schedule 1,

(ii)sampling and analysis in accordance with Part 2 of Schedule 3, or

(iii)technical analyses provided by the supplier,

(e)the amount of manufactured nitrogen fertiliser (kg) required (that is, the optimum amount of nitrogen required by the crop less the amount of nitrogen that will be available for crop uptake from any organic manure spread during the relevant period), and

(f)the amount of manufactured phosphate fertiliser (kg) required (that is, the optimum amount of phosphate required by the crop less the amount of phosphate supplied for crop uptake from any organic manure spread for the purpose of fertilising the crop during the relevant period).

Total phosphorus spread on a holding during relevant period

8.  Irrespective of the figure recorded in the enhanced nutrient management plan in accordance with paragraph 7(2)(b), the occupier must ensure that the total amount of—

(a)phosphate from manufactured phosphate fertiliser, and

(b)phosphate from organic manure, in the growing season in which it is spread,

does not, during the relevant period, exceed the limits set out in paragraph 9.

Maximum phosphate limits by crop

9.(1) Subject to sub-paragraph (2), the total amount of phosphate spread on any crop listed in the first column of any of the tables below must not exceed the figure under the applicable soil phosphorus index number in the same table.

Table 2 - Maximum phosphate for grass
Soil Phospshorus index (kg P2O5/ha)
01234+
At grass establishment1208050300
Grazing80502000
Hay80553000
Silage
First cut1007040200
Second Cut25252500
Third Cut15151500
Fourth Cut10101000
Table 3 - Maximum phosphate for other crops
P-index012345+
(a)

At P Index 4 and 5, up to 60 kg P2 O5/ha can be used as a starter fertiliser, close to the seed. The amount of phosphate applied as a starter dose, together with the amount added in the base dressing, should not exceed the amount of phosphate required to replace that removed by the previous crop.

CropPhosphate (kg/ha)
Forage crops
Forage maize11585552000
Wholecrop cereals1158555000
Forage swedes and turnips (lifted)1057545000
Fodder beet (lifted)1209060000
Forage rape, swedes and stubble turnips (grazed)855525000
Kale (grazed)805020000
Rye-grass sown for seed906030000
Arable crops (Straw incorporated)
Winter wheat1108050000
Winter triticale1259565000
Winter Barley1108050000
Spring barley1057545000
Spring wheat/spring triticale/rye/oats1108050000
Arable crops (Straw removed)
Winter wheat1158555000
Winter triticale13010070000
Winter barley1158555000
Spring barley1057545000
Spring wheat1108050000
Spring triticale/rye1108050000
Oats1158555000
Oilseeds
Winter oilseed rape1108050000
Spring oilseed rape or linseed906030000
Peas (dried and vining) and beans1007040000
Sugar Beet1108050000
Potatoes25021017010000
Vegetables and bulbs
Asparagus (establishment)175150125100750
Asparagus (subsequent years following establishment)75755050250
Brussels sprouts, storage cabbage, head cabbage and collards2001501005000
Cauliflower and calabrese2001501005000
Celery250200150100500
Peas (market pick)185135853500
Broad beans, dwarf and runner beans2001501005000
Radish and sweetcorn175125752500
Lettuce and wild rocket25020015010060(a)60(a)
Onions and leeks2001501005060(a)60(a)
Beetroot, swedes, turnips, parsnips and carrots2001501005000
Bulbs and bulb flowers2001501005000
Coriander and mint175125752500
Courgettes175125752500
Fruit and vines before planting200100505000
Hops before planting250175125100500
Established top fruit8040202000
Blackcurrants, redcurrants, gooseberries, raspberries, loganberries, tayberries, Blackberries, strawberries and vines11070404000
Established Hops250200150100500

(2) Spreading phosphate on grass and other crops above the values stipulated within the tables above is permitted subject to prior receipt of written advice from a person who is a member of the Fertiliser Advisers Certification and Training Scheme(1).

Additional information to be recorded during the relevant period

10.(1) In addition to the information to be recorded under regulation 7 (additional information to be recorded during the year) the occupier must—

(a)before spreading organic manure during the relevant period, record the total phosphate content (kg) of the organic manure; and

(b)before spreading manufactured phosphate fertiliser during the relevant period, record—

(i)the amount of phosphate (kg) required (that is, the optimum amount of phosphate required by the crop less the amount of phosphate that will be supplied for crop uptake from any organic manure spread), and

(ii)the planned month for spreading.

Risk maps – additional requirements

11.(1) In addition to the requirements under regulation 11 (risk maps), the risk map must—

(a)show each field marked with a reference number or number to enable cross reference to fields recorded in fertilisation plans,

(b)correspond with the agricultural area of the holding, and

(c)be completed by 31 March 2024.

(2) Where a change in circumstances affects a matter referred to in paragraph (1)(a) or (b), the occupier must update the map within one month of the change, beginning with the day after the change.

Maintaining the holding as a qualifying grassland holding

12.  The occupier must maintain the holding to ensure at least 80% of the agricultural area is sown with grass during the relevant period.

Closed period for ploughing grass on the holding

13.  The occupier must ensure that no person—

(a)ploughs temporary grassland on sandy soils on the holding within the period beginning with 1 July 2024 and ending with 31 December 2024,

(b)ploughs grass on sandy soils before 16 January 2024 on the holding where livestock manure has been spread on that grass within the period beginning with 1 September and ending with 31 December in the previous calendar year, and

(c)ploughs grass on soils that are not sandy soils on the holding before 16 January 2024 where livestock manure has been spread on that grass within the period beginning with 15 October in the previous calendar year and ending with 15 January 2024.

Sowing of crops following grass on the holding

14.  Where any grass on the holding is ploughed during the relevant period, the land must be—

(a)sown with a crop with high nitrogen demand within four weeks beginning with the day after the date of ploughing grass, or

(b)sown with grass within six weeks, beginning with the day after the date of ploughing grass.

Crop rotation on the holding

15.  Crop rotation on the holding during the relevant period must not include leguminous or other plants fixing atmospheric nitrogen except for grass with less than 50% clover, or any other leguminous plants that are under-sown with grass.

Recording the size of the holding

16.(1) The occupier must record the total agricultural area and the area of grass within the holding by 1 March 2024.

(2) If the size of the holding or area of grass within it changes the occupier must update the record within one month beginning with the day after the change.

Record of nitrogen and phosphate produced by animals

17.(1) The occupier must make a record of the expected number and category (in accordance with the categories in Tables 1 and 2 in Schedule 1) of livestock to be kept on the holding during the relevant period.

(2) Following the record making requirements in sub-paragraph (1), the occupier must then calculate and record the amount of nitrogen and phosphate (kg) in manure expected to be produced by the livestock on the holding during the relevant period using Tables 1 and 2 (as applicable) in Schedule 1.

(3) The records to be made in accordance with sub-paragraphs (1) and (2) must be made before 1 March 2024.

Livestock manure intended to be sent off the holding

18.(1) The occupier must—

(a)make a record of the type and amount of livestock manure (tonnes or cubic metres as applicable) that is intended to be sent off the holding during the relevant period, and

(b)assess and record the amount of nitrogen (kg) in the livestock manure recorded under paragraph (a) in accordance with regulation 36(4) and Parts 1 and 2 of Schedule 3.

(2) The records to be made under sub-paragraph (1) must be made by 1 March 2024.

Records of crops sown

19.  In addition to the requirements of regulation 39 (records of crops sown), if the occupier intends to spread phosphate fertiliser during the relevant period, the occupier must within one week of sowing a crop record—

(a)the crop sown, and

(b)the date of sowing.

Records of spreading phosphate fertiliser

20.  In addition to the requirements of regulation 40 (records of spreading nitrogen fertiliser), the occupier must, during the relevant period, record—

(a)within one week of spreading organic manure the total phosphorus content (kg), and

(b)within one week of spreading manufactured phosphate fertiliser—

(i)the date of spreading, and

(ii)the amount of phosphate spread (kg).

Recording the date of ploughing

21.  In addition to the requirements of regulation 41 (subsequent records), the occupier must, during the relevant period, record within one week of ploughing grass on the holding the date of that ploughing.

Fertilisation accounts

22.(1) The occupier, or any person on behalf of the occupier, must submit fertilisation accounts for the relevant period to NRW by 31 March 2025.

(2)  The fertilisation accounts must be submitted to NRW by e-mail(2).

(3) The fertilisation account must record—

(a)the total agricultural area of the holding in hectares;

(b)the area of the holding in hectares covered by—

(i)winter wheat,

(ii)spring wheat,

(iii)winter barley,

(iv)spring barley,

(v)winter oilseed rape,

(vi)sugar beet,

(vii)potatoes,

(viii)forage maize,

(ix)grass, and

(x)other crops;

(c)the number and category of animals kept on the holding during the relevant period in accordance with the categories described in Tables 1 and 2 in Schedule 1;

(d)the amount of nitrogen and phosphate (kg) in the manure produced by the animals on the holding during the relevant period using Tables 1 and 2 in Schedule 1;

(e)the amount (tonnes or cubic metres as applicable), type and characteristics of livestock manure sent off the holding during the relevant period;

(f)the amount of nitrogen and phosphate (kg) in the manure recorded under sub-paragraph (3)(e), calculated in accordance with Schedule 1;

(g)the weight (tonnes) and nitrogen content (kg) of all manufactured nitrogen fertiliser stocks kept on the holding during the relevant period;

(h)the weight (tonnes) and phosphate content (kg) of all manufactured phosphate fertiliser stocks kept on the holding during the relevant period;

(i)the weight (tonnes) and nitrogen content (kg) of all manufactured nitrogen fertiliser brought on to and sent off the holding during the relevant period;

(j)the weight (tonnes) and phosphate content (kg) of all manufactured phosphate fertiliser brought on to and sent off the holding during the relevant period.

Soil protection measures

23.(1) The occupier must protect all soil by ensuring that all land is covered by crops, stubbles, residues or other vegetation at all times, except where establishing such cover would create a significant risk of soil erosion and significant risk of nitrogen and phosphorus getting into surface water.

(2) Where land has been harvested using a combine harvester, forage harvester or mower, the occupier must ensure that, throughout the relevant period beginning with the first day after harvest and ending with 31 December 2024, one of the following conditions is met on that land at all times—

(a)the stubble of the harvested crop remains in the land, or

(b)the land is prepared as a seedbed for a crop or temporary cover crop within 14 days of harvest, beginning with the first day after harvest, and—

(i)the crop, or temporary cover crop, is sown within a period of 10 days beginning with the day after final seedbed preparation, or

(ii)if sowing within that 10-day period would lead to significant risk of soil erosion, and nitrogen or phosphorus entering a surface water, the crop, or temporary cover crop, is sown as soon as is practicable after the land ceases to be waterlogged.

Locations of supplementary feeding and drinking sites for livestock

24.(1) The occupier must ensure during the relevant period that sites where supplementary feeding for livestock are provided are not located within 20 metres of a watercourse on any land.

(2) The occupier must ensure during the relevant period that sites where supplementary drinking for livestock are provided are not located within 10 metres of a watercourse on any land.

Spreading of slurry during relevant period

25.  If the occupier intends to spread slurry on the holding during the relevant period, precision spreading equipment must be used except where it would not be reasonably practicable to do so.

Spreading organic manure near surface water during relevant period

26.  The occupier must ensure that during the relevant period no person spreads organic manure within 15 metres of surface water unless using precision spreading equipment, in which case no person may spread organic manure within 10 metres of surface water.

(1)

The scheme is administered by Basis Registration Ltd, and a list of qualified persons is available from them on request or at their website, www.basis-reg.com.

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