PART 2General

Duty of the controller to prevent water pollution4

The controller of a holding shall not cause or permit, directly or indirectly—

a

the entry of fertiliser into any waterway; or

b

the entry or risk of entry of fertiliser into water contained in any underground strata.

Duty of the controller to comply with these Regulations5

In complying with a duty under these Regulations, the controller of a holding shall have regard to any guidance which may be issued from time to time by the Department or Departments for the purposes of these Regulations and, in accordance with Article 4 of the Directive, the Code of Good Agricultural Practice as may be amended from time to time.

Exemptions granted by the Department6

1

The Department may exempt from the requirements of these Regulations—

a

research activities of the Departments, and institutes or agencies authorised by the Department, for the purpose of—

i

protecting or improving water quality; or

ii

increasing nutrient efficiency in agricultural systems; and

b

activities carried out by the Departments, and institutes or agencies authorised by the Department, so as to address emergency situations where there is a risk of—

i

impact on human health;

ii

widespread impact on animal health; or

iii

impact on the quality of the environment as a whole.

2

The Department shall record all exemptions under this Regulation.