Nitrates Action Programme (Amendment) Regulations, 2015 (L.N. 94 of 2015)

B 752 B 752 L.N. 94 of 2015 ENVIRONMENT AND DEVELOPMENT PLANNING ACT (CAP. 504) Nitrates Action Programme (Amendment) Regulations, 2015 BY VIRTUE of the powers conferred by articles 61 and 62 of the Environment and Development Planning Act, the Minister for Sustainable Development, the Environment and Climate Change, after consultation with the Malta Environment and Planning Authority, has made the following regulations: Citation. S.L. 504.108 1. The title of these regulations is the Nitrates Action Programme (Amendment) Regulations, 2015 and these regulations shall be read and construed as one with the Nitrates Action Programme Regulations, hereinafter referred to as "the principal regulations". Amends regulation 2 of the principal regulations. 2. Regulation 2 of the the principal regulations shall be amended as follows: (a) immediately after the definition "crop nitrogen requirement" there shall be added the following new definition: "deep litter system" means an animal housing system whereby repeated layers of straw, sawdust or other dry similar materials are spread for the animals to use as bedding and to defecate in. As the litter is soiled, new layers of litter are continuously added by the farmer;"; (b) immediately after the definition "livestock manure" there shall be added the following new definition: "livestock unit" means a value quantifying amount of livestock in relation to production of manure;"; and (c) the definition "slurry" shall be substituted by the following: "slurry" means (a) excreta, including any liquid fraction, produced by livestock whilst in a yard or building; or B 753 (b) a mixture consisting wholly of or containing such excreta, bedding, feed residues, rainwater and washings from a building or yard used by livestock, dungsteads or manure heaps, high level slatted buildings and weeping wall structures or any combination of these, provided such excreta is present, of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process and containing a liquid fraction greater than 70% and a solid fraction which is less than 30%;". Amends regulation 3 of the principal regulations. 3. Immediately after regulation 3(2) of the principal regulations there shall be added the following new sub-regulations: "(3) Production units of bovines, swine, ovines, caprines and rabbits, (falling under Schedule IIA having Nitrogen content below 1%) managed by a single farmer having an animal population equivalent or lower than the animal populations listed in Schedule IV but in any case less than 3 livestock units shall be exempted from the obligations in regulations 5, 11, and 12. (4) Production units of layer hens and broilers, (falling under Schedule IIB having Nitrogen content above 1%) managed by a single farmer having an animal population equivalent or lower than the animal populations listed in Schedule IV but in any case equivalent to 1 livestock unit shall be exempted from the obligations in sub-regulations 5, 11, and 12: Provided that where the Director has reason to believe that in a particular case effective waste management is not guaranteed this shall not apply. (5) Farmers having one half (0.5) of a Tumolo of agricultural land shall be exempted from the obligations in regulations 4 and 12: Provided that where the Director has reason to believe that any agricultural land is being used abusively, the restriction shall not apply.". Amends regulation 4 of the principal regulations. 4. Regulation 4 of the principal regulations shall be amended as follows: (a) sub-regulation (1) thereof shall be substituted by the following: VERŻJONI ELETTRONIKA B 753 B 753 (b) a mixture consisting wholly of or containing such excreta, bedding, feed residues, rainwater and washings from a building or yard used by livestock, dungsteads or manure heaps, high level slatted buildings and weeping wall structures or any combination of these, provided such excreta is present, of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process and containing a liquid fraction greater than 70% and a solid fraction which is less than 30%;". Amends regulation 3 of the principal regulations. 3. Immediately after regulation 3(2) of the principal regulations there shall be added the following new sub-regulations: "(3) Production units of bovines, swine, ovines, caprines and rabbits, (falling under Schedule IIA having Nitrogen content below 1%) managed by a single farmer having an animal population equivalent or lower than the animal populations listed in Schedule IV but in any case less than 3 livestock units shall be exempted from the obligations in regulations 5, 11, and 12. (4) Production units of layer hens and broilers, (falling under Schedule IIB having Nitrogen content above 1%) managed by a single farmer having an animal population equivalent or lower than the animal populations listed in Schedule IV but in any case equivalent to 1 livestock unit shall be exempted from the obligations in sub-regulations 5, 11, and 12: Provided that where the Director has reason to believe that in a particular case effective waste management is not guaranteed this shall not apply. (5) Farmers having one half (0.5) of a Tumolo of agricultural land shall be exempted from the obligations in regulations 4 and 12: Provided that where the Director has reason to believe that any agricultural land is being used abusively, the restriction shall not apply.". Amends regulation 4 of the principal regulations. 4. Regulation 4 of the principal regulations shall be amended as follows: (a) sub-regulation (1) thereof shall be substituted by the following: VERŻJONI ELETTRONIKA B 754 B 754 "(1) Any farmer responsible for agricultural activities taking place on a holding shall prepare a fertilizer plan, in respect of such holding for that particular year, which satisfies the following conditions: (a) a fertilizer plan is valid if the crop plan is not altered for a maximum period of three (3) years, alterations to the crop must be considered and fertilizer plan updated accordingly throughout the three years; (b) a soil test which is to be used as the basis for the calculation of the fertilizer plan must be performed every three (3) years; (c) a fertiliser plan shall be compiled by a qualified technical advisor as may be approved by the Director who will also retain a public register of such persons which shall be published on an annual basis. Such approved qualified technical advisor shall: (i) notify the Director by the end of each calender year his intention to provide such service the following year; and (ii) submit a copy of any fertiliser plans prepared on behalf of farmers to the Director as may be directed from time to time; (d) the fertiliser plan shall be kept at the holding and should be presented for inspection as necessary together with the relevant soil test and crop plan."; (b) immediately after sub-regulation (4) thereof shall be added the following new sub-regulation: "(5) Crop plan must be compiled irrespective if person applied fertilizer or not.". Amends regulation 5 of the principal regulations. 5. Immediately after regulation 5(5) of the principal regulations there shall be added the following new sub-regulations: "(6) Deep litter systems may be used for bovines and caprines subject to approval by the Veterinary Services. (7) The Director may, where he deems fit, approve the establishment of communal clamps for horse stables.". B 755 Amends regulation 6 of the principal regulations. 6. Immediately after regulation 6(2) of the principal regulations there shall be added the following new sub-regulation: "(3) Livestock manure must be solid enough to be carried by a pitch fork or a spade, and retain shape when applied on a flat surface.". Amends regulation 7 of the principal regulations. 7. In regulation 7(2) of the principal regulations, the words "decision in the Gazette." shall be substituted by the words "decision in the Gazette:" and immediately thereafter there shall be added the following new proviso: "Provided that the application of inorganic and organic fertiliser shall be permitted in closed systems with a concrete platform if the location in question conforms to the distance requirements in regulation 8(3).". Amends regulation 8 of the principal regulations. 8. Regulation 8 of the principal regulations shall be amended as follows: (a) sub-regulation (1)(b) thereof shall be substituted by the following: "(b) the land is located or is in a manner which would make it likely that the nitrogen fertiliser will directly enter a watercourse or any underground water body; or"; and (b) sub-regulation (2) thereof shall be substituted by the following: "(2) The land application of slurry shall be prohibited.". Amends regulation 9 of the principal regulations. 9. Regulation 9(2) of the principal regulations shall be substituted by the following new sub-regulation: "(2) The amount of "total nitrogen" applied from manure, including excreta by the animals themselves, shall not exceed 170 kg N/ha per year as specified in Schedules IIA and IIB.". Sustitutes regulation 10 of the principal regulations. 10. Regulation 10 of the principal regulations shall be substituted by the following: "10. Holdings with a continuous area greater than one (1) hectare under irrigated cultivation shall have a Nutrient Management Plan drawn up in terms of the provisions of Schedule III.". VERŻJONI ELETTRONIKA B 755 B 755 Amends regulation 6 of the principal regulations. 6. Immediately after regulation 6(2) of the principal regulations there shall be added the following new sub-regulation: "(3) Livestock manure must be solid enough to be carried by a pitch fork or a spade, and retain shape when applied on a flat surface.". Amends regulation 7 of the principal regulations. 7. In regulation 7(2) of the principal regulations, the words "decision in the Gazette." shall be substituted by the words "decision in the Gazette:" and immediately thereafter there shall be added the following new proviso: "Provided that the application of inorganic and organic fertiliser shall be permitted in closed systems with a concrete platform if the location in question conforms to the distance requirements in regulation 8(3).". Amends regulation 8 of the principal regulations. 8. Regulation 8 of the principal regulations shall be amended as follows: (a) sub-regulation (1)(b) thereof shall be substituted by the following: "(b) the land is located or is in a manner which would make it likely that the nitrogen fertiliser will directly enter a watercourse or any underground water body; or"; and (b) sub-regulation (2) thereof shall be substituted by the following: "(2) The land application of slurry shall be prohibited.". Amends regulation 9 of the principal regulations. 9. Regulation 9(2) of the principal regulations shall be substituted by the following new sub-regulation: "(2) The amount of "total nitrogen" applied from manure, including excreta by the animals themselves, shall not exceed 170 kg N/ha per year as specified in Schedules IIA and IIB.". Sustitutes regulation 10 of the principal regulations. 10. Regulation 10 of the principal regulations shall be substituted by the following: "10. Holdings with a continuous area greater than one (1) hectare under irrigated cultivation shall have a Nutrient Management Plan drawn up in terms of the provisions of Schedule III.". VERŻJONI ELETTRONIKA B 756 B 756 Amends regulation 14 of the principal regulations. 11. Regulation 14 of the principal regulations shall be amended as follows: (a) sub-regulation (2) thereof shall be substituted by the following: "(2) The sale or movement of livestock manure to and from holdings shall be adequately recorded and such records retained as part of the Farm Management Records detailed in regulation 12(2); such records shall be made available for inspection as necessary."; (b) sub-regulation (3) thereof shall be substituted by the following: "(3) The sales and purchase of organic and inorganic fertiliser shall be adequately recorded and such records retained as part of the Farm Management Records detailed in regulation 12(2); such records shall be made available for inspection as necessary."; and (c) sub-regulation (4) shall be deleted. Amends regulation 15 of the principal regulations. 12. Immediately after regulation 15(2) there shall be added the following new sub-regulation: "(3) Cases of breach identified that do not pertain to agricultural land holdings will be referred to the Public Health and Environmental Directorates.". Amends Schedule I of the principal regulations. 13. Immediately after the table in Schedule I of the principal regulations there shall be added the following new table: "Plant Nutrient Requirements PLANT NUTRIENT REQUIREMENTS FOR FLOWERING PLANTS Crop Type Number of Flowers Nitrogen Phosphorus Potassium Kg N/ha kg P2O5/ha Kg K2O/ha Chrysanthemum 400,000 536 1,960 676 Gerbera 60,000 225 55.80 375 Carnations 200,000 264 108 390 Fresia 200,000 520 320 660 Tulips 200,000 1,000 800 1,300 Gladiolus 150,000 99 94.50 375 B 757 Substitutes Schedule II of the principal regulations. 14. Schedule II of the principal regulations shall be substituted by the following two new Schedules: "SCHEDULE IIA [Regulation 9(2)] PRODUCTION OF MANURE With Nitrogen Content below 1% SCHEDULE IIB [Regulation 9(2)] PRODUCTION OF MANURE With Nitrogen Content equal or above 1% 15. Immediately after Schedule III of the principal regulations there shall be added the following new Schedule: Lillium 200,000 20 80 10 Rose 60,000 380.57 488.33 540.94". Manure Type Nitrogen content in manure Maximum rate of manure to be applied (tons/ha) Cattle 0.56% 30 Pig 0.81% 21 Rabbit 0.83% 20 Sheep 0.90% 19 Manure Type Nitrogen content in manure Maximum rate of manure to be applied (tons/ha) Layer 1.52% 11 Broiler 2.62% 6 Horse 4.8% 3.54 Spent mushroom 2.1% 8.09". VERŻJONI ELETTRONIKA B 757 B 757 Substitutes Schedule II of the principal regulations. 14. Schedule II of the principal regulations shall be substituted by the following two new Schedules: "SCHEDULE IIA [Regulation 9(2)] PRODUCTION OF MANURE With Nitrogen Content below 1% SCHEDULE IIB [Regulation 9(2)] PRODUCTION OF MANURE With Nitrogen Content equal or above 1% 15. Immediately after Schedule III of the principal regulations there shall be added the following new Schedule: Lillium 200,000 20 80 10 Rose 60,000 380.57 488.33 540.94". Manure Type Nitrogen content in manure Maximum rate of manure to be applied (tons/ha) Cattle 0.56% 30 Pig 0.81% 21 Rabbit 0.83% 20 Sheep 0.90% 19 Manure Type Nitrogen content in manure Maximum rate of manure to be applied (tons/ha) Layer 1.52% 11 Broiler 2.62% 6 Horse 4.8% 3.54 Spent mushroom 2.1% 8.09". VERŻJONI ELETTRONIKA B 758 B 758 "SCHEDULE IV [Regulation 4(3)] NUMBER OF ANIMALS THAT CAN BE KEPT UP TO THE ESTABLISHED THRESHOLD Livestock Age Equivalence to Livestock Unit (LSU) Permissible number of heads as per regulation 3(3) Equivalent number of LSU Bovines [ideally males only] Over 2 years 1.0 Up to 3 3 Swine [if at all] Sow with litter to finish [slaughter] 1.1 Up to 2 2.2 Ovines / Caprines From 1 month and over. 0.15 Up to 5 0.75 Layer hens 0.01 Up to 100 1 Broilers 0.005 Up to 100 0.5 Rabbits producing does 0.01 Up to 25 0.25". Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper Prezz/Price €0.63 VERŻJONI ELETTRONIKA