The Nutrient Action Programme Regulations (Northern Ireland) 2019

Requirements as to the manner of land application of fertiliser to any agricultural land N.I.

8.—(1) The land application of fertiliser shall be done in an accurate and uniform manner and in accordance with paragraphs (2) to (13).

(2) The land application of fertiliser shall not be permitted when—

(a) soil is waterlogged;

(b) land is flooded or is likely to flood;

(c) the soil is frozen;

(d) land is snow covered;

(e) heavy rain is falling or is forecast within 48 hours;

(f) the land is steeply sloping land and where, taking into account the risk assessment set out in [F1 Part 1 of Schedule 4] , there is significant risk of causing water pollution.

[F2 (g) taking into account the risk assessment set out in Part 2 of Schedule 4, there is a significant risk of causing water pollution.]

(3) The land application of fertiliser shall not be permitted on any land in a location or manner which would make it likely that the fertiliser will directly enter a waterway or water contained in any underground strata.

(4) Subject to paragraph (6), the land application of chemical fertiliser shall not be permitted within 2 metres of any waterway.

(5) Subject to paragraphs (6) and (9), the land application of organic manure shall not be permitted within—

(a) 20 metres of lakes;

(b) 50 metres of a borehole, spring or well;

(c) 250 metres of a borehole used for a public water supply;

(d) 15 metres of exposed, cavernous or karstified, limestone features (such as swallow-holes and collapse features); or

(e) 10 metres of any waterway, other than lakes, including open areas of water, open field drains or any drain which has been backfilled to the surface with permeable material such as stone or aggregate; except that

(f) the distance mentioned in sub-paragraph (e) may be reduced to 3 metres of any waterway where the land has an average incline of less than 10% towards the waterway and where—

(i) organic manure is spread close to the ground using a bandspreader, dribble bar, trailing hose, trailing shoe or soil injection;

(ii) the adjoining area is less than 1 hectare in size; or

(iii) the adjoining area is not more than 50 metres in width.

(6) On grassland with an average incline of greater than 15% and any other land with an average incline of greater than 12%, the land application of fertilisers shall not be permitted—

(a) for organic manures within—

(i) 30 metres of lakes;

(ii) 15 metres of any waterways, other than lakes, including open areas of water, open field drains or any drain which has been backfilled to the surface with permeable material such as stone or aggregate; and

(b) for chemical fertilisers—

(i) 10 metres of lakes; or

(ii) 5 metres of any waterway, other than lakes, including open areas of water, open field drains or any drain which has been backfilled to the surface with permeable material such as stone or aggregate.

(7) The maximum land application of solid organic manure shall be 50 tonnes per hectare at any one time provided this does not exceed the limits set out in regulation 9(1) and a period of at least 3 weeks shall be left between such land applications.

(8) Subject to paragraph (9), the maximum land application of slurry shall be 50 cubic metres per hectare at any one time provided this does not exceed the limits set out in regulation 9(1) and a period of at least 3 weeks shall be left between such land applications.

(9) During the month of February and the period of 30th September to 15th October—

(a) paragraph (5)(a) shall apply as if for 20 metres there were substituted 30 metres;

(b) paragraph (5)(e) shall apply as if for 10 metres there were substituted 15 metres;

(c) paragraph (8) shall apply as if for 50 cubic metres there were substituted 30 cubic metres.

[F3 (d) paragraph (5)(f) shall apply as if for 3 metres there were substituted 5 metres.]

(10) The maximum land application of dirty water shall be 50 cubic metres per hectare at any one time and a period of at least 2 weeks shall be left between such land applications.

(11) The land application of slurry shall only be permitted by spreading close to the ground using inverted splash plate spreading, bandspreading, dribble bar, trailing hose, trailing shoe, soil incorporation or soil injection methods, except—

(a) when applied by a slurry contractor, it shall be permitted only by spreading close to the ground using bandspreading, dribble bar, trailing hose, trailing shoe, soil incorporation or soil injection methods, from 1st February 2021;

(b) on holdings with an average in any calendar year of 200 or more livestock units of bovine animals or holdings with a total annual livestock manure nitrogen production of 20,000kg or more from pigs, where it shall be permitted only by spreading close to the ground using bandspreading, dribble bar, trailing hose, trailing shoe, soil incorporation or soil injection methods, from 1st February 2022;

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (d) where it is not practical to comply with sub-paragraph (a) or (b) or paragraph (13), on a field due to the slope, the appropriate person may then spread on that field, close to the ground using inverted splash plate spreading and must keep a record of such spreading, in such format as the Department may specify.]

(12) The land application of dirty water shall be permitted only by spreading close to the ground using inverted splash plate spreading, bandspreading, dribble bar, trailing hose, trailing shoe, soil injection, soil incorporation or irrigation methods.

(13) From 1st February 2020, the land application of anaerobic digestate shall be permitted only by spreading close to the ground using bandspreading, dribble bar, trailing hose, trailing shoe, soil incorporation or soil injection methods.

Textual Amendments

F1 Words in reg. 8(2)(f) subsituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 5(a)

F2 Reg. 8(2)(g) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 5(b)

F3 Reg. 8(9)(d) inserted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 5(c)

F4 Reg. 8(11)(c) omitted (15.10.2019) by virtue of The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 5(d)(i)

F5 Reg. 8(11)(d) substituted (15.10.2019) by The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/183), regs. 1, 5(d)(ii)