19. In Schedule 4—
(a)after the heading in Schedule 4 insert—
(b)in Table 1—
(i)for the heading of the fifth column substitute “Chemical fertiliser”;
(ii)for the entry “Distance from spreading area to lake” substitute—
| “Distance from spreading area to lake | High | less than 30 metres | less than 30 metres | less than 10 metres |
| Medium | 30 – 40 metres | 30 – 40 metres | 10 – 15 metres | |
| Low | greater than 40 metres | greater than 40 metres | greater than 15 metres” |
(c)at the end of Schedule 4 insert—
1. If an application of organic manure (including livestock manure) or chemical fertiliser to sloping land is proposed, a risk assessment must be undertaken in addition to meeting all relevant requirements of these Regulations. The factors set out in Table 3 shall be considered in making this risk assessment. Table 4 shall be consulted to ascertain whether fertiliser application is permitted.
| Factor | Risk Level | Organic Manures | Chemical Fertiliser | ||
|---|---|---|---|---|---|
| Grassland | Other land | Grassland | Other land | ||
| Slope percentage incline | High | 20% or more (See Part 1) | 15% or more (See Part 1) | 20% or more (See Part 1) | 15% or more (See Part 1) |
| Medium | 10 to less than 20% | 10 to less than 15% | 10 to less than 20% | 10 to less than 15% | |
| Low | Less than 10% | Less than 10% | Less than 10% | Less than 10% | |
| Distance from spreading area to waterway other than lakes | High | Less than 10 metres (see Note 1) | Less than 2 metres | ||
| Medium | 10 to 20 metres (see Note 2) | 2 to 5 metres | |||
| Low | More than 20 metres | More than 5 metres | |||
| Distance from spreading area to lake | High | Less than 20 metres | Less than 10 metres | ||
| Medium | 20 to 30 metres | 10 to 15 metres | |||
| Low | More than 30 metres | More than 15 metres | |||
| Amount applied per hectare per application | High | More than 50m3 (liquid) or 50 tonnes (solid) | More than 150kg Nitrogen | ||
| Medium | 25 to 50m3 (liquid) or 25 to 50 tonnes (solid) (see Note 2) | 120 to 150kg Nitrogen | |||
| Low | Less than 25m3 (liquid) or 25 tonnes (solid) | Less than 120kg Nitrogen | |||
| Soil conditions at time of proposed slurry application | High | Very wet, compacted soil | Very wet, compacted soil | ||
| Medium | Wet, poached soil | Wet, poached soil | |||
| Low | Dry, firm trafficable soil | Dry, firm trafficable soil | |||
| Forecast weather conditions for next 48 hours | High | Heavy rainfall (more than 4mm per hour) | Heavy rainfall (more than 4mm per hour) | ||
| Medium | Moderate rainfall (0.5 to 4mm per hour) | Moderate rainfall (0.5 to 4mm per hour) | |||
| Low | Low rainfall (less than 0.5mm per hour) | Low rainfall (less than 0.5mm per hour) | |||
| Arable land only – time to incorporation | Liquid | Solid | |||
| High | More than 48 hours (see Note 3) | More than 5 days | Not applicable | ||
| Medium | 12 to 48 hours | 3 to 5 days | Not applicable | ||
| Low | Less than 12 hours | less than 3 days | Not applicable | ||
Note 1: If regulation 8(5)(f) applies, for risk level “high” substitute “medium”.
Note 2: During the month of February and the period of 30th September to 15th October each year the distances and quantity in regulation 8(9) apply: spreading must not be done within 15m of a waterway or 5m if regulation 8(5)(f) applies, 30m of a lake and the application rate must not exceed 30m3 or 30 tonnes per hectare.
Note 3: Where organic manure is applied to an established crop, incorporation is not required, for risk level “high” substitute “medium”.
| Risk Level | Number of factors applicable | Is the land application of fertiliser permitted? |
|---|---|---|
| High | One or more factors | No |
| Medium | Three or more factors | No |
| One or two factors | Yes | |
| Low | One or more factors | Yes” |