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The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 4) Regulations 2023

As Enacted Cited in Related
Vincent
JurisdictionWales

2023 No. 1393 (W. 247)

Agriculture, Wales

Water, Wales

The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 4) Regulations 2023

Made 14th December 2023

Laid before Senedd Cymru 15th December 2023

Coming into force 31th December 2023

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.

S-1 Title and coming into force

Title and coming into force

1. The title of these Regulations is the Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 4) Regulations 2023 and they come into force on 31 December 2023.

S-2 Amendments to the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021

Amendments to the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021

2. The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 20212are amended in accordance with regulations 3 to 8.

S-3 Amendment of regulation 2 (transitional measures for holdings not previously in a nitrate vulnerable zone)

Amendment of regulation 2 (transitional measures for holdings not previously in a nitrate vulnerable zone)

3. In regulation 2(b) (transitional measures for holdings not previously in a nitrate vulnerable zone) after “1 January 2024” insert “however, regulation 4 does not apply to qualifying grassland holdings until 1 January 2025”.

S-4 Amendment of regulation 3 (interpretation)

Amendment of regulation 3 (interpretation)

4. In regulation 3 (interpretation)—

(a) after the definition of “crop with high nitrogen demand”, insert—

“

“enhanced nutrient management plan” (“cynllun rheoli maethynnau uwchcynllun rheoli maethynnau uwch”) means a plan prepared in accordance with paragraphs 6 and 7 of Schedule 1A;

”;

(b) for the definition of “NRBW” substitute—

“

“NRW” (“CNCCNC”) means Natural Resources Wales;

”;

(c) after the definition of “poultry” insert—

“

“precision spreading equipment” (“cyfarpar taenu manwlcyfarpar taenu manwl”) means a trailing shoe, dribble bar or injector system;

“qualifying grassland holding” (“daliad glaswelltir cymhwysoldaliad glaswelltir cymhwysol”) means a holding or part of a holding that was not previously situated within a nitrate vulnerable zone as shown on the NVZ index map, where 80% or more of the agricultural area of the holding is sown with grass

”;

(d) after the definition of “reception pit” insert—

“

“relevant period” (“cyfnod perthnasolcyfnod perthnasol”) means the period beginning with 1 January 2024 and ending with 31 December 2024;

S-5 Insertion of new regulations 4A and 4B

Insertion of new regulations 4A and 4B

5. After regulation 4 (application of livestock manure – total nitrogen limit for the whole holding), insert—

“

S-4A

Application of grazing and non-grazing livestock manure on qualifying grassland holdings during the relevant period

4A.—(1) The occupier of a qualifying grassland holding must ensure that during the relevant period—

where—

A is the area of the holding (hectares), as existing on 1 January 2024;

Ngl is the total amount of nitrogen (kg) in grazing livestock manure applied to the holding during the relevant period, whether directly by an animal or by spreading, calculated in accordance with table 1 in Schedule 1;

Nngl is the total amount of nitrogen (kg) in non-grazing livestock manure, applied to the holding during the relevant period, whether directly by an animal or by spreading, calculated in accordance with table 2 in Schedule 1.

(2) Where the occupier of a qualifying grassland holding intends during the relevant period to apply to the holding, whether directly by an animal or by spreading, a total amount of nitrogen in grazing livestock manure which exceeds 170 kg multiplied by the area of the holding in hectares, they must—

(a)

(a) submit a notice to NRW in accordance with regulation 4B, and

(b)

(b) comply with the enhanced nutrient management requirements in Schedule 1A.

(3) In calculating the area of the holding for the purposes of ascertaining the amount of nitrogen 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).

S-4B

Notice requirements

4B.—(1) A notice under this regulation must include—

(a)

(a) the name of the occupier of the qualifying grassland holding,

(b)

(b) the address of the qualifying grassland holding,

(c)

(c) a written statement that the occupier intends during the relevant period to apply to the holding, whether directly by an animal or by spreading, a total amount of nitrogen in grazing livestock manure which exceeds 170 kg multiplied by the area of the holding in hectares, and

(d)

(d) a written statement that the occupier will comply with the additional requirements set out in Schedule 1A.

(2) A notice must be submitted to NRW by 31 March 2024 and must be accompanied by the enhanced nutrient management plan for the qualifying grassland holding.

(3) The notice and accompanying enhanced nutrient management plan must be submitted to NRW by e-mail3.

”

S-6 Amendment of regulation 14 (spreading organic manure near surface water, boreholes, springs or wells)

Amendment of regulation 14 (spreading organic manure near surface water, boreholes, springs or wells)

6. In regulation 14 (spreading organic manure near surface water, boreholes, springs or wells)—

(a) in paragraph (1), at the beginning insert “Except where paragraph 26 of Schedule 1A applies,”, and

(b) omit paragraph 4.

S-7 Amendment of regulations 24, 30, 31, 32, 47 and Schedule 6

Amendment of regulations 24, 30, 31, 32, 47 and Schedule 6

7. In the following regulations, for “NRBW” substitute “NRW”—

(a) regulation 24(1)(c)(i),

(b) regulation 30, in each place it occurs,

(c) regulation 31, in each place it occurs,

(d) regulation 32(2),

(e) regulation 47, and

(f) Schedule 6, in each place it occurs.

S-8 Insertion of new Schedule 1A (enhanced nutrient management requirements)

Insertion of new Schedule 1A (enhanced nutrient management requirements)

8. After Schedule 1 (amount of manure, nitrogen and phosphate produced by grazing livestock and non-grazing livestock), insert Schedule 1A (enhanced nutrient management requirements) as set out in the Schedule to these Regulations.

S-9 Revocation of the Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 3) Regulations 2023

Revocation of the Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 3) Regulations 2023

9. The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 3) Regulations 20234are revoked.

Lesley Griffiths

Minister for Rural Affairs and North Wales, and Trefnydd, one of the Welsh Ministers

14 December 2023

SCHEDULE

Regulation 8

SCHEDULE

SCHEDULE 1A

Regulations 4A and 4B

Enhanced nutrient management requirements

(1) Application of Schedule 1A

The following enhanced nutrient management requirements apply to the occupier of a qualifying grassland holding intending during the relevant period to apply to the holding, whether directly by an animal or by spreading, a total amount of nitrogen in grazing livestock manure which exceeds 170 kg multiplied by the area of the holding in hectares.

(2) Interpretation

In this Schedule—

“soil phosphorus index” (“mynegai ffosfforws priddmynegai ffosfforws pridd”) means a reference to the index number assigned to the soil in accordance with Table 1 of this Schedule, to indicate the level of phosphorus available from the soil;“soil sampling analysis” (“dadansoddiad samplu pridddadansoddiad samplu pridd”) means analysis of a soil sample carried out by a soil testing laboratory to analyse soils for phosphorus.

(3) Livestock manure to be applied to the holding during relevant period

The occupier must ensure that the only livestock manure to be applied to the holding during the relevant period, whether directly by an animal or by spreading, is manure produced by the livestock on the holding.

(4) Soil sampling analysis

(1) The occupier must, for the purposes of determining the soil phosphorus index for each area of the holding with the same cropping regime, nutrient management regime and soil type, undertake soil sampling analysis of at least every five hectares of the agricultural area of the holding with the same cropping regime, nutrient management regime and soil type.

(2) An occupier may rely on the results of previous soil sampling analysis of the agricultural area of the holding with the same cropping regime, nutrient management regime and soil type for the purposes of sub-paragraph (1), provided such sampling analysis was carried out within the period beginning with 1 January 2020 and ending with 31 December 2023.

(3) Where phosphorus soil sampling analysis of the agricultural area of the holding with the same cropping regime, nutrient management regime and soil type has not been carried out within the period referred to in sub-paragraph (2), such sampling analysis must be undertaken within the period beginning with 1 January 2024 and ending with 30 March 2024.

(5) Determining the soil phosphorus index

The occupier must determine the soil phosphorus index for each area of the holding with the same cropping regime, nutrient management regime and soil type by using the results from the soil sampling analysis under paragraph 4 and the values in the following table.

Table 1 – Phosphorus index

Phosphorus index

Phosphorus (P) mg/L

Olsen (P)

0

0-9

1

10-15

2

16-25

3

26-45

4

46-70

5

71-100

6

101-140

7

141-200

8

201-280

9

Over 280

(6) Planning the spreading of phosphate fertiliser

In addition to the production of nitrogen spreading plans under regulation 6 (planning the spreading of nitrogen fertiliser) the occupier must, within the period beginning with 1 January 2024 and ending with 30 March 2024—

(a) calculate the optimum amount of phosphate fertiliser (kg) that should be spread on the crop during the...

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