PART 6Record keeping and compliance monitoring

Records required27.

(1)

In relation to all holdings and in accordance with paragraphs (2) and (3), the controller of the holding shall keep sufficient records to allow the following information to be ascertained for any calendar year—

(a)

the identity of the controller of the land for the calendar year in question;

(b)

the total agricultural area including the size and location of each field;

(c)

the cropping regimes and their individual areas;

(d)

the soil nitrogen supply index for cropping areas other than grassland as estimated in accordance with the fertiliser technical standards;

(e)

the number of livestock kept on the holding, there species and type, and the length of time for which they were kept on the holding;

(f)

the capacity of livestock manure storage and where applicable the details of rented storage, authorisation for storage of poultry litter or anaerobic digestate fibre in a field heap, farmyard manure production, out wintered livestock, manure separation and manure processing facilities utilised;

(g)

the details of any rental agreement or contract to demonstrate compliance with regulation 23(1)(c) or (d);

(h)

where regulation 8(11)(d) applies, particulars of any communication given to the Department;

(i)

the amount of each type of nitrogen fertiliser applied, the certified nitrogen content of any chemical fertiliser applied and the total nitrogen content per tonne of other organic manures as in accordance with Table 2 of Schedule 2;

(j)

where regulation 12 applies—

(i)

the quantity of anaerobic digestate applied;

(ii)

the date of application of any anaerobic digestate; and

(iii)

the nutrient content analysis for the anaerobic digestate;

(k)

where regulation 13(1) or 14(1) applies—

(i)

the results of any soil tests carried out in accordance with Schedule 5;

(ii)

a statement of the foreseeable crop requirement for phosphorus;

(iii)

the quantity of each type of phosphorus fertiliser applied;

(iv)

the certified phosphorus content of any chemical fertiliser and the available phosphorus content of all organic manures applied in accordance with Table 3 of Schedule 3;

(v)

the date of application of any phosphorus fertiliser; and

(vi)

the type and date of any crop sown;

(l)

evidence of the right to graze common land;

(m)

the quantity of each type of nitrogen fertiliser moved on to the holding, the date of that movement and, in the case of organic manure, the name and address of the consignee, the consignor and any third party transporter of the manure; and

(n)

the quantity of each time of nitrogen fertiliser moved off the holding, the date of that movement and, in the case of organic manure, the name and address of the consignee, the consignor and any third party transporter of the manure.

(2)

Records under paragraph (1)(a) to (m) shall be prepared for each calendar year by 30th June of the following year and shall be retained for a period of 5 years from that date.

(3)

Records under paragraph (1)(n) shall be prepared for each calendar year and shall be submitted to the Department by 31st January of the following year, in a format specified by the Department and a copy shall be retained by the controller for a period of 5 years from the date of preparation or submission whichever is later.

(4)

Where the controller is required to complete a fertilisation plan, they shall retain the fertilisation plan for each calendar year for that holding for 5 years from the date upon which it was prepared or submitted to the Department, whichever is the later.

(5)

Records under paragraphs (1) to (4) shall be made available by the controller for inspection by the Department on request.

Duty of the controller not to provide false or misleading information28.

The controller shall not compile records which are false or misleading or furnish any false or misleading information in any notice or other document for the purposes of these Regulations.