Jurisdiction: Wales

Commencement: 31st December 2022

Amends: The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021
Mini Summary

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 implement measures to address agricultural pollution in Wales by setting rules for certain farming practices.

They apply to all farm businesses in Wales. Anyone who is the owner or occupier (e.g. tenants, graziers) of an agricultural land holding (regardless of its size) is responsible for complying with these Regulations.

Provisions are included around the following:

  • nutrient management planning;
  • sustainable fertiliser applications linked to the requirement of the crop;
  • protection of water from pollution related to when, where and how fertiliser are spread; and
  • manure and silage storage standards.

Natural Resources Wales (NRW) is responsible for enforcing these Regulations.

Revocations
Previously, water quality was protected by preventing nitrates from agricultural sources polluting ground and surface waters via Nitrate Vulnerable Zones (NVZs)* that were in place and these Regulations revoke and replace The Nitrate Pollution Prevention (Wales) Regulations 2013, which means the existing NVZ designations are no longer applicable.

These Regulations also revoke and replace The Water Resources (Control of Pollution) (Silage and Slurry)(Wales) Regulations 2010  as these Regulations now set the requirements for silage making, storage of silage effluent and for slurry storage systems. The Regulations are revoked in how they apply to farms situated in a NVZ from 1st April 2021 and fully for all other farms from 1st April 2024.

*Nitrate Vulnerable Zones (NVZs) are areas within Wales that contain surface water or groundwater that is susceptible to nitrate pollution from agricultural activities. A map of these areas can be found here. Note that these Regulations have now replaced NVZs.

Transition period
Requirements are being phased in for farms not previously located in a NVZ over three years, with certain requirements applying from 1st January 2023, 30th April 2023 and 1st April 2024:

  • Regulations 4 and 36 apply from 30th April 2023.
  • Regulations 5 to 11, 15, 23, 27 and 33 to 43 apply from 1st January 2023.
  • Regulations 17 to 21, 25 and 26, and 28 to 31 apply from 1st August 2024.

All other parts of the Regulations applied from 1st April 2021. More information can be found in the duties section below. For farms that were previously located in a NVZ, they needed to be compliant with the Regulations on 1st April 2021 (the date they come into force).

Duties

Various duties apply.

Amendment

An abbreviation for Nitrate Vulnerable Zones Index Map 2013 (NVZ index map) is added.

The implementation date for regulation 4 (Application of livestock manure – total nitrogen limit for the whole holding) and regulation 36 (Record of nitrogen produced by animals on the holding) is amended. Regulations 4 and 36 will now come into force on 30th April 2023.

Requirements are added for occupiers of a holding or part of a holding that was not previously located within a Nitrate Vulnerable Zone. These requirements are set out below.

*12 month period means the period 30th April to 29th April.

Schedule 1 (Amount of manure, nitrogen and phosphate produced by grazing livestock and non-grazing livestock) and Schedule 3 (Calculating nitrogen in organic manure) are amended as follows.

There are no changes to duties for organisations.

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Jurisdiction: Great Britain

Commencement: 31st December 2022

Amends:

Mini Summary

The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003 implement article 7 of Directive 80/876/EEC allowing checks to be carried out by the enforcing authority to make sure that any ammonium nitrate based fertiliser manufactured chemically and containing more the 20% by weight of nitrogen, and described as an ‘EC fertiliser’ satisfies the detonation resistance test.

 

Amendment

 

The transitional provisions introduced by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019,  as amended by ​​​​​The Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) Regulations 2022,  are extended by 5 years. These Regulations apply to Great Britain (GB) and come into force on 31st December 2022.

  • The detonation resistance testing of ammonium nitrate imported into Great Britain can be carried out at competent laboratories based within the UK or the EU until 31st December 2027.
  • The ammonium nitrate imported from EU countries is exempt from the 60-day limit on the validity period for a detonation resistance test until 31st December 2027.

The transitional provisions apply to relevant ammonium nitrate material imported into Great Britain within 7 years from `IP completion day`*.

IP completion day* means 31st December 2020 at 11.00 p.m.

There are no changes to duties for organisations.

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