The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021
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2021 No. 77 (W. 20)
Agriculture, Wales
Water, Wales
The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021
Made 21th January 2021
Laid before Senedd Cymru 27th January 2021
Coming into force 1st April 2021
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 92 and 219(2)(d) to (f) of the Water Resources Act 19911.
PART 1
Introduction
Title, application and commencement
1.—(1) The title of these Regulations is the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021.
(2) These Regulations apply in relation to Wales.
(3) These Regulations come into force on 1 April 2021.
Transitional measures for holdings not previously in a nitrate vulnerable zone
2. In a holding or part of a holding that was not previously situated within a nitrate vulnerable zone as shown on the relevant map marked “Nitrate Vulnerable Zones Index Map 2013”2—
(a) regulations 4 to 11, 15, 23, 27 and 33 to 43 do not apply until 1 January 2023, and
(b) regulations 17 to 21, 25 and 26, and 28 to 31 do not apply until 1 August 2024.
Interpretation
3.—(1) In these Regulations—
“agricultural area” (“ardal amaethyddol”) means any agricultural land used for agricultural purposes;
“agriculture” (“amaethyddiaeth”) has the meaning given in section 109(3) of the Agriculture Act 19473;
“construct” (“adeiladu”) includes install;
“controlled waters” (“dyfroedd a reolir”) has the meaning given in section 104 of the Water Resources Act 1991;
“crop with high nitrogen demand” (“cnwd â galw mawr am nitrogen”) includes, but not limited to, grass, potatoes, sugar beet, maize, wheat, oilseed rape, barley, brassicas, rye and triticale;
“fertilisation plan” (“cynllun gwrteithio”) means a plan prepared under regulation 6(1)(c);
“grass” (“porfa”) means—
(a) permanent grassland or temporary grassland (temporary means for less than four years),
(b) that exists between the sowing and ploughing of the grass, and
(c) includes crops under-sown with grass,
but does not include grassland with 50 % or more clover;
“grazing livestock” (“da byw sy’n pori”) means any animal specified in Table 1 in Schedule 1;
“holding” (“daliad”) means all land and its associated buildings that are at the disposal of the occupier and which are used for the growing of crops in soil or rearing of livestock for agricultural purposes;
“land that has a low run-off risk” (“tir y mae’r risg o oferu drosto yn isel”) means land that—
(a) has an average slope of less than 3° (3 degrees),
(b) does not have land drains (other than a sealed impermeable pipe), and
(c) is at least 50 metres from a watercourse or conduit leading to a watercourse;
“livestock” (“da byw”) means any animal (including poultry) specified in Schedule 1;
“manufactured nitrogen fertiliser” (“gwrtaith nitrogen a weithgynhyrchwyd”) means any nitrogen fertiliser (other than organic manure) manufactured by an industrial process;
“manufactured phosphate fertiliser” (“gwrtaith ffosffad a weithgynhyrchywd”) means any phosphate feriliser (other than organic manure) manufactured by an industrial process;
“nitrogen fertiliser” (“gwrtaith nitrogen”) means any substance containing one or more nitrogen compounds used on land to enhance growth of vegetation and includes organic manure;
“non-grazing livestock” (“da byw nad ydynt yn pori”) means any animal specified in Table 2 in Schedule 1;
“notice” (“hysbysiad”) means notice in writing;
“NRBW” (“CANC”) means the Natural Resources Body for Wales;
“organic manure” (“tail organig”) means any nitrogen fertiliser or phosphate fertiliser derived from animal, plant or human sources and includes livestock manure;
“phosphate fertiliser” (“gwrtaith ffosffad”) means any substance containing one or more phosphorus compounds used on land to enhance growth of vegetation and includes organic manure;
“poultry” (“dofednod”) means poultry specified in Schedule 1;
“reception pit” (“pydew derbyn”) means a pit used for the collection of slurry before it is transferred into a slurry storage tank or for the collection of slurry discharged from such a tank;
“sandy soil” (“pridd tywodlyd”) means any soil over sandstone, and any other soil where—
(a) in the layer up to 40 cm deep, there are—
(i) more than 50 % by weight of particles from 0.06 to 2 mm in diameter,
(ii) less than 18 % by weight of particles less than 0.02 mm diameter, and
(iii) less than 5 % by weight of organic carbon, and
(b) in the layer from 40 to 80 cm deep, there are—
(i) more than 70 % by weight of particles from 0.06 to 2 mm in diameter,
(ii) less than 15 % by weight of particles less than 0.02 mm diameter, and
(iii) less than 5 % by weight of organic carbon;
“shallow soil” (“pridd tenau”) is soil that is less than 40 cm deep;
“silage” (“silwair”) includes a crop being made into silage;
“silage effluent” (“elifiant silwair”) means effluent from silage;
“silo” (“seilo”) means a structure used for making or storing silage;
“slurry” (“slyri”) means liquid or semi-liquid matter composed of—
(a) excreta produced by livestock (other than poultry) while in a yard or building (including that held in wood chip corrals), or
(b) a mixture wholly or mainly consisting of livestock excreta, livestock bedding, rainwater and washings from a building or yard used by livestock,
of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process;
“slurry storage tank” (“tanc storio slyri”) includes a lagoon, a pit (other than a reception pit) or tower used for the storage of slurry;
“spreading” (“taenu”) includes application to the surface of the land, injection into the land or mixing with the surface layers of the land but does not include the direct deposit of excreta on to land by animals;
“watercourse” (“cwrs dŵr”) has the meaning given in section 221 of the Water Resources Act 1991.
(2) A reference in these Regulations to a slurry storage system includes a slurry storage tank and—
(a)
(a) any reception pit and any effluent tank used in connection with the tank, and
(b)
(b) any channels and pipes used in connection with the tank, any reception pit or any effluent tank.
(3) A requirement in these Regulations for a silo or slurry storage tank to conform to a British Standard (in whole or in part) is satisfied if the silo or tank conforms to a standard or specification that provides an equivalent level of protection and performance and is recognised for use in a member State, Iceland, Liechtenstein, Norway or Turkey.
PART 2
Limiting the application of organic manure
Application of livestock manure – total nitrogen limit for the whole holding
4.—(1) The occupier of a holding must ensure that, in any year beginning 1 January, 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.
Spreading organic manure — nitrogen limits per hectare
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)
(a) 1000 kg in any four year period if it is applied as mulch to orchard land, or
(b)
(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)
(a) “orchard land” means land on which any fruit listed in Schedule 2 is grown;
(b)
(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 publicationPAS 100:2011 on composted materials dated January 2011 and contains no livestock manure;
(c)
(c) the occupier must retain written confirmation that the organic manure complies with sub-paragraph (b).
PART 3
Crop requirements
Planning the spreading of nitrogen fertiliser
6.—(1) An occupier of a holding who intends to spread nitrogen fertiliser must—
(a)
(a) calculate the amount of nitrogen in the soil that is likely to be available for uptake by the crop during the growing season (“the soil nitrogen supply”),
(b)
(b) calculate the optimum amount of nitrogen that should be spread on the crop, taking into account the amount of nitrogen available from the soil nitrogen supply, and
(c)
(c) produce a plan for the spreading of nitrogen fertiliser for that growing season.
(2) In the case of any crop other than permanent grassland, the occupier must comply with paragraph (1) before spreading any nitrogen fertiliser for the first time for the purpose of fertilising a crop planted or intended to be planted.
(3) In the case of permanent grassland the occupier must comply with paragraph (1) each year beginning 1 January before the first spreading of nitrogen...
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