Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2012 (S.R. No. 231 of 2012)

S T A T U T O R Y R U L E S O F N O R T H E R N I R E L A N D 2012 No. 231 ENVIRONMENTAL PROTECTION The Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2012 Made - - - - 1st June 2012 Coming into operation - 22nd June 2012 The Department of the Environment and the Department of Agriculture and Rural Development, being Departments designated(a) for the purposes of section 2(2) of the European Communities Act 1972(b) in relation to the environment, acting jointly in exercise of the powers conferred upon them by that section and the Department of the Environment in exercise of the powers conferred on it by Article 32 of the Waste and Contaminated Land (Northern Ireland) Order 1997(c) and, in accordance with Article 32(3) of that Order, the Department of the Environment having published a notice indicating the effect of these Regulations and having taken into consideration the representations made to it in accordance with the notice, make the following Regulations. Citation and commencement 1. These Regulations may be cited as the Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2012 and shall come into operation on 22nd June 2012. Interpretation 2.—(1) The Interpretation Act (Northern Ireland) 1954(d) applies to these Regulations as it applies to an Act of the Assembly. (2) In these Regulations “the principal Regulations” means the Nitrates Action Programme Regulations (Northern Ireland) 2010(e). Amendments to the Nitrates Action Programme Regulations (Northern Ireland) 2010 3. The principal Regulations are amended in accordance with regulations 4 to 8. Amendment of regulation 14 4. For regulation 14 (manner of storage of poultry litter and location of storage facilities) substitute— (a) S.I. 2008/301 (b) 1972 c.68 (c) S.I. 1997/2778 (N.I. 19) (d) 1954 c.33 (N.I.) (e) S.R. 2010 No. 411 as amended by S.R. 2011 No. 388 2 “Manner of storage of poultry litter and location of storage facilities 14.—(1) Prior to land application, poultry litter shall only be stored on a holding— (a) in a midden which shall have adequate effluent collection facilities; or (b) subject to paragraphs (2) to (6), in the field where land application will take place up to a maximum of 180 days from placement in that field. (2) From 1st August 2012 poultry litter shall not be stored in a field heap except under and to the extent granted by an authorisation from the Department in accordance with paragraphs (3) to (6). With regard to such an authorisation— (a) an application by an appropriate person for authorisation shall be made on a form provided by the Department for the purpose and accompanied by such information in such form as the Department may reasonably require; (b) the Department shall authorise or refuse an application within 28 days from its receipt; and (c) an authorisation of an application for storage of poultry litter in a field heap shall not preclude service by the Department of a notice under regulation 23. (d) the appropriate person may, within the period of 28 days from the day on which a refusal is made, appeal the refusal by the Department of the application for authorisation under paragraph (b) in accordance with the procedure set out in regulation 24. (3) Where stored in a field, poultry litter shall not be— (a) placed on soil that is waterlogged; or (b) stored in a location that is flooded or likely to flood. (4) Where stored in a field, poultry litter shall not be stored in the same location of the field in consecutive years. (5) Where stored in a field, poultry litter shall be stored in a compact heap and such heaps shall not be placed within— (a) 100m of lakes; (b) 40m of any waterway, including open areas of water, open field drains or any drain which has been backfilled to the surface with permeable material such as stone/aggregate; (c) 50m around a borehole, spring or well; (d) 250m from any borehole used for a public water supply; or (e) 50m of exposed, cavernous or karstified limestone features (such as swallow holes and collapse features). (6) Where stored in a field, poultry litter shall be covered with an impermeable membrane within 24 hours of placement in the field.” Amendment of regulation 20 5. In regulation 20(2)(f) (type of records required) after the words “rented storage” insert “, authorisation for storage of poultry litter in a field heap”. Amendment of regulation 24 6. In regulation 24(2) (appeals against notices requiring works etc.) for “10(3)(d)” substitute “10(3)(d), 14(2)(d)”. Amendment of regulation 25 7.—(1) Regulation 25 (offences) is amended in accordance with paragraphs (2) and (3) 3 (2) In paragraph (2), for “7(8) or 13(3)” substitute “7(8), 13(3) or 14(3)”. (3) In paragraph (4), for “14” substitute “14(1), 14(2), 14(4), 14(5), 14(6)”. Amendment of Schedule 8. For the Schedule to the principal Regulations substitute the Schedule set out in Schedule 1 to these Regulations. Consequential amendment of the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006 9. For Schedule 2 (phosphorus content of organic manures) to the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006(a) substitute Schedule 2 as set out in Schedule 2 to these Regulations. Sealed with the Official Seal of the Department of Agriculture and Rural Development on 1st June 2012 Mark Browne A senior officer of the Department of Agriculture and Rural Development Sealed with the Official Seal of the Department of the Environment on 1st June 2012 Wesley Shannon A senior officer of the Department of the Environment (a) S.R. 2006 No. 488 4 SCHEDULE 1 Regulation 8 Schedule substituted for the Schedule to the Nitrates Action Programme Regulations (Northern Ireland) 2010 “SCHEDULE Regulations 8, 9, 10, 16 PART 1 Criteria as to nutrient management Table 1 Regulations 8(3), 9(4), 10(4) and 16(6) - The nitrogen (N) excretion rate for livestock Livestock type Age range (and production period where different) Body weight (kg) Occupancy % of year(1) Annual nitrogen production (kg N) Cattle Dairy cow 575 100 91 Dairy heifer replacement >2 years old 500 100 54 Beef suckler cow(2) > 2 years old 500 100 54 Bull beef 6-13.5 months 300 60 23 Grower fattener > 2 years old 500 100 54 Grower fattener 12-24 months 400 100 47 Grower fattener 6-12 months 180 50 12 Calf 0-6 months 100 50 7 Calf to 12 months 12 months 180 100 19 Sheep Adult ewe/ram >1 year old 50-70 100 9 Lamb 0-6 months 4-40 50 1.2 Lamb 6-12 months 30-50 50 3.2 Lamb to 1 year 12 months 4-50 100 4.4 Pigs Maiden gilt(3) 90-130 100 11.1 Boar 130-250 100 17.5 1 sow place, includes litter to 7 kg(4) 130-225 100 15.9 Weaner (Stage 1) 3-7.5 weeks 7-18 71 1.1(5) Weaner (Stage 2) 7.5-11 weeks 18-35 82 4.2(6) Grower 11-23 weeks 35-105 87 3.6(7) Finisher 11-23 weeks 35-105 86 8.3 Poultry 5 1000 Laying hens 2200 98 607 1000 Broiler places(8) 40 days 2000 73 255 1000 Broiler breeders 0-60 weeks 4000 91/1 878 1000 Broiler breeders (laying) 18-60 weeks 4000 87.5 945 1000 Broiler breeder replacements(9) 0-18 weeks 2000 46 142 1000 Replacement pullets(10) 17 weeks 1600 38 113 1000 Turkeys (male)(11) 140 days 12000 80 1284 1000 Turkeys (female)(11) 120 days 8000 80 871 1000 Ducks 50 days 3400 85 834 Other Goat 9 Deer (red) 6 months–2 years 12 Deer (red) >2 years 15 Deer (fallow) 6 months–2 years 7 Deer fallow >2 years 13 Deer (sika) 6 months-2 years 6 Deer (sika) >2 years 10 Horse >3 years 50 Horse 2–3 years old 44 Horse 1–2 years old 36 Horse foal < 1 year old 25 Donkey/small pony 30 (1) For individual farms where occupancy values differ from those given, nitrogen excretion values should be altered accordingly. (2) Use the suckler cow data for beef and dairy bulls. (3) Maiden gilts, assuming all year round accommodation. (4) Sows based on 2.3 lactations, covering 23% of year and dry period 77% of year. Combined output 15.9 kg N/sow/year. (5) Based on 0.09kg N/pig (6) Based on 0.29kg N/pig (7) Based on 2.00kg N/pig as in NAP Guidance Booklet 2011-2014 pg 62 (8) Broilers, output per 6.6 crops/year, 40 day cycle (73 % occupancy) (9) Broiler breeder replacements (1000), 0-18 weeks data based on 142kg N/year, output per 18 week cycle (46% occupancy) (10) Replacement pullets, output per 20 week cycle. Where there is more than one cycle per year adjust the output figures proportionately (11) Turkeys, assuming 2.1 or 2.4 crops per year, for male and female birds respectively. 6 Table 2 Regulations 8(4), 9(5) and 10(4) - Total nitrogen content of slurry and dirty water on a fresh weight basis Slurry type Dry matter content (%)(1) Total nitrogen (kg/ m³)(1) Dairy cattle 2 1.5 6 3.0 10 4.0 Beef cattle 2 1.0 6 2.3 10 3.5 Pigs 2 2.0 4 3.0 6 4.0 Separated cattle slurries (liquid portion) Strainer box 1.5 1.5 Weeping wall 3 2 Mechanical separator 4 3 Dirty water <1 0.3 (1) Figures in bold are the most common values. Table 3 Regulations 8(4), 9(5) and 10(4) - Total nitrogen contained in 1 tonne of solid organic manures Livestock manure type Dry matter content (% ) Total nitrogen (kg) Poultry Broilers 66 33.0 Layers 30 16.0 Turkeys 60 30.0 Ducks 25 6.5 Other Cattle farmyard manure 25 6.0 Sheep farmyard manure 25 6.0 Pig farmyard manure 25 7.0 Table 4 Regulation 8(2) and 10(4) - Nitrogen application standards for grassland crops Dairy cattle(2) Other livestock(2) Balance of crop nitrogen requirement (kg N/ha/year) (e.g. from chemical fertiliser or organic nitrogen supply other than livestock manure)(1) 272 222 (1) This table does not imply any departure from regulation 8(1) or 9(3) which prohibit the application to the agricultural area on a holding of livestock manure in amounts which exceed 170kg N/ha/year, including that deposited by the animals themselves, or, in the case of grassland holdings granted a derogation in accordance with regulation 10, 250kg of N/ha/year, including that deposited by the animals themselves. 7 (2) The dairy cattle figures (dairy cows and heifer replacements) apply where it can be demonstrated that more than 50% of the livestock manure applied to the agricultural area, both by land application and by the animals themselves, arises from dairy cattle. In all other cases the figures for other livestock will apply. Table 5 Regulation 10(4) and 16(3) - Livestock manure production figures Livestock type Body weight (kg) Volume of excreta produce per animal per week (m³)(1) Cattle Dairy cow 575 0.37 Suckler cow 500 0.23 Cattle > 2 years 500 0.23 Cattle 1 – 2 years 400 0.18 Cattle 0.5 – 1 year 180 0.09 Calf 100 0.05 Sheep Adult ewe 65 0.03 Fattening lamb 35 0.01 Pigs Gilt 90 – 130 0.05 1 Sow and litter 130 – 225 0.08 1 Weaner (Stage 1) 7 – 18 0.01 1 Grower (Stage 2) 18-35 0.02 1 Finisher meal fed (Stage 3) 35 – 105 0.03 1 Finisher liquid fed (Stage 3) 35 – 105 0.05 Poultry 1000 laying hens 0.81 (1) The standard figures for slurry produced by animals do not include water for cleaning buildings. Table 6 Regulations 8(6), 8(7), 9(7), 9(8) and 10(4) - Nitrogen availability in livestock manures and chemical fertilisers Fertiliser Nitrogen availability (%) Chemical 100 Pig manure 50 Poultry litter 30 Farmyard manure 30 Cattle and other livestock manure 40 Table 7 Regulation 10(4) - Phosphorus (P) excretion values Livestock type P excretion (kg per annum) Cattle Dairy cow 16.6 Suckler cow 10.1 8 Breeding bull 10.1 Cattle over 2 years 10.1 Cattle 1-2 years 7.9 Bull beef (0-13 months) 7.5 Calf 6 months to 1 year 3.0 Calf under 6 months 1.7 Sheep Adult ewe/ram 1.0 Fattening lamb 0.3 Pigs Boar 4.2 Maiden gilt 5.7 Sow and litter up to weaning 8.7 Pigs 18 kg – 35 kg 2.0 Pigs 18 kg – 105 kg 5.3 Pigs 35 kg – 105 kg 3.3 Poultry Broilers (1000) 60 Male turkeys (1000) 534.1 Female turkeys (1000) 250.7 Fattening ducks (1000) 392.4 Broiler breeders (1000) 319.3 Pullets (1000) 41.1 Layers (1000) 237.6 Other Horse (>3 years old) 9 Horse (2-3 years old) 8 Horse (1-2 years old) 6 Horse foal (< 1 year old) 3 Donkey/small pony 5 Goat 1 Deer (red) 6 months - 2 years 2 Deer (red) > 2 years 4 Deer (fallow) 6 months - 2 years 1 Deer (fallow) > 2 years 2 Deer (sika) 6 months - 2 years 1 Deer (sika) > 2 years 2 PART 2 Criteria as to calculation of phosphorus balance 1.—(1) Phosphorus balance is the difference between phosphorus inputs to the farm less the total of phosphorus outputs leaving the farm. It is calculated per unit area of agricultural land on the holding for each calendar year. (2) Phosphorus inputs include, when imported on to the farm— (a) the total amount of phosphorus in chemical fertiliser; (b) the total amount of phosphorus in feedstuffs (calculated using values from Table 8); and (c) the total amount of phosphorus in organic manure (calculated using values from Table 9). 9 (3) Phosphorus outputs include, when exported from the farm— (a) the total amount of phosphorus in produce, for example, meat, milk and crops (calculated using values from Table 8); and (b) the total amount of phosphorus in organic manure (calculated using values from Table 9). (4) Inputs of phosphorus to agricultural land in precipitation and losses of phosphorus from the farm to surface or groundwaters are excluded from the balance calculation. Table 8 Regulation 10(7) - Phosphorus (P) content of agricultural products and feedstuffs Agricultural product Phosphorus content (% fresh weight) Poultry concentrate 0.5 (or actual declared content) Pig concentrate 0.48 (or actual declared content) Ruminant concentrate 0.55 (or actual declared content) All other concentrates 0.58 (or actual declared content) Cattle 0.66 Milk 0.10 Sheep 0.54 Wool 0.04 Pigs 0.50 Poultry 0.58 Eggs 0.22 Straw 0.10 Silage 0.06 Hay 0.30 Potatoes 0.04 Oats 0.29 Barley 0.30 Wheat 0.26 Maize 0.25 Full fat soya 0.45 Linseed 0.81 Rape 1.10 Soya 0.68 Sunflower 0.93 Gluten 0.96 Citrus 0.1 Wheat distillers 0.77 Corn distillers 0.77 Peas 0.44 Palm kernal 0.63 Pollard 1.00 Soya hulls 0.14 Sugar beet 0.1 Table 9 Regulation 10(7) - Phosphorus (P) content of organic manures Livestock manure type Dry matter content (%)(1) Phosphorus content (kg P/m3)(2) 10 Dairy cattle slurry 2 0.26 6 0.52 10 0.87 Beef cattle 2 0.26 6 0.52 10 0.87 Pig slurry 2 0.44 4 0.87 6 1.31 Separated cattle slurries (liquid portion) Strainer box 1.5 0.13 Weeping wall 3 0.22 Mechanical separator 4 0.52 Dry matter content (%) Phosphorus content (kg P/t) Cattle farmyard manure 25 1.53 Pig farmyard manure 25 3.05 Sheep farmyard manure 25 0.87 Duck manure 25 2.40 Layer manure 30 5.67 Turkey litter 60 10.91 Broiler litter 66 7.00 (1) Figures in bold are the most common values. (2) For calculation purposes assume 1m3 of slurry weighs 1 tonne.” SCHEDULE 2 Regulation 9 Schedule substituted for Schedule 2 to the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006 “SCHEDULE 2 Regulation 2(2) PHOSPHORUS CONTENT OF ORGANIC MANURES Table 1 Dry Matter Available Phosphate (kg P2O5/m3)(1) Dairy Slurry 2 0.6 6 1.2 10 2.0 Beef Cattle 2 0.6 6 1.2 10 2.0 Pig Slurry 2 1.0 4 2.0 6 3.0 Separated cattle slurries (liquid portion) Strainer box 1.5 0.3 Weeping wall 3 0.5 11 Mechanical Separator 4 1.2 % (kg P2O5/t) Cattle FYM 25 3.5 Pig FYM 25 7.0 Sheep FYM 25 2.0 Duck manure 25 5.5 Layer manure 30 13 Turkey litter 60 25 Broiler litter 66 16 (1) Figures in bold are the most common values” EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Nitrates Action Programme Regulations (Northern Ireland) 2010 in regard to the manner of storage of poultry litter and location of storage facilities. Regulation 4 amends regulation 14 to require the doubling of the distances between temporary poultry litter field heaps and surface water features as well as requiring an authorisation for an individual field heap. Regulation 14 is also amended to ensure that poultry litter field heaps are not placed on soil that is water logged or in a location that is flooded or likely to flood. Regulation 5 amends regulation 20 to include the new authorisation required by amended regulation 14 as a record that a controller must keep. Regulation 6 amends regulation 24 to provide an appeal procedure where an application for an authorisation for temporary storage of poultry litter in a field heap is refused by the Department. Regulation 7 amends regulation 25 to make offences for non compliance with amended regulation 14. Regulation 8 amends the schedule to the principal Regulations to update incorrect values for nitrogen excretion rates and total nitrogen content of slurry. Regulation 9 makes a consequential amendment to Schedule 2 to the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006 reflecting the updates to the Schedule to the Nitrates Action Programme Regulations (Northern Ireland) 2010. Crown copyright 2012 Printed in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office being the Government Printer for Northern Ireland and the Officer appointed to print Acts of the Northern Ireland Assembly. £5.75 N5433 06/2012 425433T 19585 9 780337 988172 ISBN 978-0-337-98817-2