4.—(1) The occupier of a holding must ensure that, in [F1the relevant period], the total amount of nitrogen in livestock manure applied to the holding, whether directly by an animal or by spreading, does not exceed 170 kg multiplied by the area of the holding in hectares.
(2) The amount of nitrogen produced by livestock must be calculated in accordance with Schedule 1.
(3) In calculating the area of the holding for the purposes of ascertaining the amount of nitrogen permitted to be spread on the holding, no account is taken of surface waters, any hardstanding, buildings, roads or any woodland unless that woodland is used for grazing.
[F2(4) In paragraph (1), “the relevant period” means—
(a)for an occupier of a holding within a nitrate vulnerable zone as shown on the NVZ index map, any 12 month period beginning 1 January;
(b)for an occupier of a holding or part of a holding that was not previously situated within a nitrate vulnerable zone as shown on the NVZ index map, any 12 month period beginning [F331 October].]
Textual Amendments
F1Words in reg. 4(1) substituted (31.12.2022) by The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) Regulations 2022 (S.I. 2022/1305), regs. 1(2), 2(4)(a)
F2Reg. 4(4) inserted (31.12.2022) by The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) Regulations 2022 (S.I. 2022/1305), regs. 1(2), 2(4)(b)
F3Words in reg. 4(4)(b) substituted (29.4.2023) by The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) Regulations 2023 (S.I. 2023/466), regs. 1(2), 2(3)
Commencement Information
5.—(1) Subject to paragraph (2), the occupier of a holding must ensure that, in any 12 month period, the total amount of nitrogen in organic manure spread on any given hectare on the holding does not exceed 250 kg.
(2) The occupier of a holding must ensure that the total amount of nitrogen in organic manure exclusively in the form of certified compost applied to any given hectare on the holding does not exceed—
(a)1000 kg in any four year period if it is applied as mulch to orchard land, or
(b)500 kg in any two year period if it is applied to any other land.
(3) For the purposes of paragraphs (1) and (2), the total amount of nitrogen in organic manure must be calculated by reference to the methods described in regulation 9 for establishing nitrogen content.
(4) In this regulation—
(a)“orchard land” means land on which any fruit listed in Schedule 2 is grown;
(b)“certified compost” means green compost or green/food compost in relation to which the supplier confirms in writing that it meets the standards set out in the publication PAS 100:2011 on composted materials dated January 2011 and contains no livestock manure;
(c)the occupier must retain written confirmation that the organic manure complies with sub-paragraph (b).