The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

The Nitrates Action Programme Regulations (Northern Ireland) 2014 N.I.

9.—(1) The Nitrates Action Programme Regulations (Northern Ireland) 2014 M1 are amended as follows.

(2) In regulation 2, for the first sentence substitute—

“These Regulations shall apply to the whole territory of Northern Ireland as required under the Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 2004 M2 .”.

(3) In regulation 3(2)—

(a) for the definition of “action programme” substitute—

““action programme” means measures regarding the protection of water against pollution caused by nutrients from agricultural sources as set out in these Regulations;”;

(b) for the definition of “derogation” substitute—

““derogation” means a derogation from the limit of livestock manure that can be applied to land each year, approved by the Department in accordance with regulation 12;”;

(c) omit the definition of “Directive”.

(4) In regulation 5, omit “, in accordance with Article 4 of the Directive,”.

(5) In regulation 12, after paragraph (7) insert—

“(8) As part of the review conducted under regulation 33, the Department must review the overall position of derogations granted under this regulation against the effectiveness of the derogations in meeting the objectives of reducing water pollution from nitrates and preventing further pollution.”.

(6) For regulation 32, substitute—

“Implementation Report

32.— (1) The Department must prepare a report on the implementation of these Regulations at four-yearly intervals.

(2) A report under paragraph (1) must contain—

(a) details of any steps taken to promote good agricultural practice;

(b) a summary of the monitoring results on the effectiveness of the action programme;

(c) a summary of the most recent review conducted under regulation 33.

(3) A report under paragraph (1) must be published—

(a) in such manner as the Department considers appropriate;

(b) by the last day of the six months period beginning with the day on which the four-yearly interval ends.”.

(7) In regulation 33—

(a) in the heading at the end insert “ the action programme ”;

(b) in paragraph (2) for “by Article 5 of the Directive” substitute “ by these Regulations ”;

(c) in paragraph (3)(a) omit “in accordance with Article 2 of Directive 2003/35/EC(a)”.

Commencement Information

I1 Reg. 9 in force on IP completion day, see reg. 1(1) and 2020 c. 1, Sch. 5 para. 1(1), see reg. 1(1)

Marginal Citations

M1 S.R. 2014 No. 307, amended by S.R. 2015 No. 369.

M2 S.R. 2004 No. 419.