The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019

2019 No. 863 (W. 155)

Agriculture, Wales

Water, Wales

The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019

Made 10th April 2019

Laid before the National Assembly for Wales 12th April 2019

Coming into force in accordance with regulation 1

The Welsh Ministers are designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to matters relating to the protection of waters against pollution caused by nitrates from agricultural sources and make these Regulations in exercise of the powers conferred by that section.

S-1 Title and commencement

Title and commencement

1. The title of these Regulations is the Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019 and they come into force 21 days after the date on which they are laid.

S-2 Amendment of the Nitrate Pollution Prevention (Wales) Regulations 2013

Amendment of the Nitrate Pollution Prevention (Wales) Regulations 2013

2. The Nitrate Pollution Prevention (Wales) Regulations 20133are amended in accordance with regulations 3 to 8.

S-3 Amendment of regulation 4 (transitional measures for holdings not previously in a nitrate-vulnerable zone)

Amendment of regulation 4 (transitional measures for holdings not previously in a nitrate-vulnerable zone)

3. In regulation 4—

(a) the existing paragraph is renumbered as paragraph (1) of that regulation;

(b) after paragraph (1) (as renumbered) insert—

S-2

“2 In relation to a new holding—

(a) regulations 12 to 22, 23(3), 24, 25, 30 to 33 and 36 to 46 do not apply until the beginning of the second calendar year after the year in which the Welsh Ministers revise or add to the designation of nitrate vulnerable zones under regulation 11(3) so as to include the new holding;

(b) regulations 23(1) and (2), 26 to 29, 34 and 35 do not apply until 31 July in the third calendar year after the year in which the Welsh Ministers revise or add to the designation of nitrate vulnerable zones under regulation 11(3) so as to include the new holding.”

S-4 Amendment of regulation 6 (interpretation)

Amendment of regulation 6 (interpretation)

4. In regulation 6, in the appropriate place, insert—

““new holding” (“daliad newydd”) means land and its associated buildings which become a holding as a result of the Welsh Ministers revising or adding to the designation of nitrate vulnerable zones following a review under regulation 11(3), and which were not a holding immediately before the date of that revision or addition;”.

S-5 Amendment of regulation 7 (designation of nitrate vulnerable zones)

Amendment of regulation 7 (designation of nitrate vulnerable zones)

5. In regulation 7—

(a) for paragraphs (2) and (3) substitute—

S-2

“2 An area is designated as a nitrate vulnerable zone for the purposes of these Regulations if, as an area of land that drains into polluted waters and contributes to the pollution of those waters, it is marked as such a zone on a relevant map.

S-3

3 For the purposes of this regulation—

(a) for the period beginning with 25 October 2013 and ending with the...

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