2012 No. 231
The Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2012
Made
Coming into operation
The Department of the Environment and the Department of Agriculture and Rural Development, being Departments designated1 for the purposes of section 2(2) of the European Communities Act 1972(2 in relation to the environment, acting jointly in exercise of the powers conferred upon them by that section and the Department of the Environment in exercise of the powers conferred on it by Article 32 of the Waste and Contaminated Land (Northern Ireland) Order 1997(3 and, in accordance with Article 32(3) of that Order, the Department of the Environment having published a notice indicating the effect of these Regulations and having taken into consideration the representations made to it in accordance with the notice, make the following Regulations.
Citation and commencement1
These Regulations may be cited as the Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2012 and shall come into operation on 22nd June 2012.
Interpretation2
1
The Interpretation Act (Northern Ireland) 1954(4 applies to these Regulations as it applies to an Act of the Assembly.
2
In these Regulations “the principal Regulations” means the Nitrates Action Programme Regulations (Northern Ireland) 20105.
Amendments to the Nitrates Action Programme Regulations (Northern Ireland) 20103
The principal Regulations are amended in accordance with regulations 4 to 8.
Amendment of regulation 144
For regulation 14 (manner of storage of poultry litter and location of storage facilities) substitute—
Manner of storage of poultry litter and location of storage facilities14
1
Prior to land application, poultry litter shall only be stored on a holding—
a
in a midden which shall have adequate effluent collection facilities; or
b
subject to paragraphs (2) to (6), in the field where land application will take place up to a maximum of 180 days from placement in that field.
2
From 1st August 2012 poultry litter shall not be stored in a field heap except under and to the extent granted by an authorisation from the Department in accordance with paragraphs (3) to (6). With regard to such an authorisation—
a
an application by an appropriate person for authorisation shall be made on a form provided by the Department for the purpose and accompanied by such information in such form as the Department may reasonably require;
b
the Department shall authorise or refuse an application within 28 days from its receipt; and
c
an authorisation of an application for storage of poultry litter in a field heap shall not preclude service by the Department of a notice under regulation 23.
d
the appropriate person may, within the period of 28 days from the day on which a refusal is made, appeal the refusal by the Department of the application for authorisation under paragraph (b) in accordance with the procedure set out in regulation 24.
3
Where stored in a field, poultry litter shall not be—
a
placed on soil that is waterlogged; or
b
stored in a location that is flooded or likely to flood.
4
Where stored in a field, poultry litter shall not be stored in the same location of the field in consecutive years.
5
Where stored in a field, poultry litter shall be stored in a compact heap and such heaps shall not be placed within—
a
100m of lakes;
b
40m of any waterway, including open areas of water, open field drains or any drain which has been backfilled to the surface with permeable material such as stone/aggregate;
c
50m around a borehole, spring or well;
d
250m from any borehole used for a public water supply; or
e
50m of exposed, cavernous or karstified limestone features (such as swallow holes and collapse features).
6
Where stored in a field, poultry litter shall be covered with an impermeable membrane within 24 hours of placement in the field.
Amendment of regulation 205
In regulation 20(2)(f) (type of records required) after the words “rented storage” insert “, authorisation for storage of poultry litter in a field heap”.
Amendment of regulation 246
In regulation 24(2) (appeals against notices requiring works etc.) for “10(3)(d)” substitute “10(3)(d), 14(2)(d)”.
Amendment of regulation 257
1
Regulation 25 (offences) is amended in accordance with paragraphs (2) and (3)
2
In paragraph (2), for “7(8) or 13(3)” substitute “7(8), 13(3) or 14(3)”.
3
In paragraph (4), for “14” substitute “14(1), 14(2), 14(4), 14(5), 14(6)”.
Amendment of Schedule8
For the Schedule to the principal Regulations substitute the Schedule set out in Schedule 1 to these Regulations.
Consequential amendment of the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 20069
For Schedule 2 (phosphorus content of organic manures) to the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 20066 substitute Schedule 2 as set out in Schedule 2 to these Regulations.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 1st June 2012
Sealed with the Official Seal of the Department of the Environment on 1st June 2012
SCHEDULE 1Schedule substituted for the Schedule to the Nitrates Action Programme Regulations (Northern Ireland) 2010
SCHEDULE
PART 1Criteria as to nutrient management
Table 1Regulations 8(3), 9(4), 10(4) and 16(6) - The nitrogen (N) excretion rate for livestock
Livestock type
Age range (and production period where different)
Body weight (kg)
Occupancy % of year(1)
Annual nitrogen production (kg N)
Cattle
Dairy cow
575
100
91
Dairy heifer replacement
>2 years old
500
100
54
Beef suckler cow(2)
> 2 years old
500
100
54
Bull beef
6-13.5 months
300
60
23
Grower fattener
> 2 years old
500
100
54
Grower fattener
12-24 months
400
100
47
Grower fattener
6-12 months
180
50
12
Calf
0-6 months
100
50
7
Calf to 12 months
12 months
180
100
19
Sheep
Adult ewe/ram
>1 year old
50-70
100
9
Lamb
0-6 months
4-40
50
1.2
Lamb
6-12 months
30-50
50
3.2
Lamb to 1 year
12 months
4-50
100
4.4
Pigs
Maiden gilt(3)
90-130
100
11.1
Boar
130-250
100
17.5
1 sow place, includes litter to 7 kg(4)
130-225
100
15.9
Weaner (Stage 1)
3-7.5 weeks
7-18
71
1.1(5)
Weaner (Stage 2)
7.5-11 weeks
18-35
82
4.2(6)
Grower
11-23 weeks
35-105
87
3.6(7)
Finisher
11-23 weeks
35-105
86
8.3
Poultry
1000 Laying hens
2200
98
607
1000 Broiler places(8)
40 days
2000
73
255
1000 Broiler breeders
0-60 weeks
4000
91/1
878
1000 Broiler breeders (laying)
18-60 weeks
4000
87.5
945
1000 Broiler breeder replacements(9)
0-18 weeks
2000
46
142
1000 Replacement pullets(10)
17 weeks
1600
38
113
1000 Turkeys (male)(11)
140 days
12000
80
1284
1000 Turkeys (female)(11)
120 days
8000
80
871
1000 Ducks
50 days
3400
85
834
Other
Goat
9
Deer (red)
6 months–2 years
12
Deer (red)
>2 years
15
Deer (fallow)
6 months–2 years
7
Deer fallow
>2 years
13
Deer (sika)
6 months-2 years
6
Deer (sika)
>2 years
10
Horse
>3 years
50
Horse
2–3 years old
44
Horse
1–2 years old
36
Horse foal
< 1 year old
25
Donkey/small pony
30
(1)For individual farms where occupancy values differ from those given, nitrogen excretion values should be altered accordingly.
(2)Use the suckler cow data for beef and dairy bulls.
(3)Maiden gilts, assuming all year round accommodation.
(4)Sows based on 2.3 lactations, covering 23% of year and dry period 77% of year. Combined output 15.9 kg N/sow/year.
(5)Based on 0.09kg N/pig
(6)Based on 0.29kg N/pig
(7)Based on 2.00kg N/pig as in NAP Guidance Booklet 2011-2014 pg 62
(8)Broilers, output per 6.6 crops/year, 40 day cycle (73 % occupancy)
(9)Broiler breeder replacements (1000), 0-18 weeks data based on 142kg N/year, output per 18 week cycle (46% occupancy)
(10)Replacement pullets, output per 20 week cycle. Where there is more than one cycle per year adjust the output figures proportionately
(11)Turkeys, assuming 2.1 or 2.4 crops per year, for male and female birds respectively.
Table 2Regulations 8(4), 9(5) and 10(4) - Total nitrogen content of slurry and dirty water on a fresh weight basis
Slurry type
Dry matter content (%)(1)
Total nitrogen (kg/ m³)(1)
Dairy cattle
2
1.5
6
3.0
10
4.0
Beef cattle
2
1.0
6
2.3
10
3.5
Pigs
2
2.0
4
3.0
6
4.0
Separated cattle slurries (liquid portion)
Strainer box
1.5
1.5
Weeping wall
3
2
Mechanical separator
4
3
Dirty water
<1
0.3
(1)Figures in bold are the most common values.
Table 3Regulations 8(4), 9(5) and 10(4) - Total nitrogen contained in 1 tonne of solid organic manures
Livestock manure type
Dry matter content (% )
Total nitrogen (kg)
Poultry
Broilers
66
33.0
Layers
30
16.0
Turkeys
60
30.0
Ducks
25
6.5
Other
Cattle farmyard manure
25
6.0
Sheep farmyard manure
25
6.0
Pig farmyard manure
25
7.0
Table 4Regulation 8(2) and 10(4) - Nitrogen application standards for grassland crops
Dairy cattle(2)
Other livestock(2)
Balance of crop nitrogen requirement (kg N/ha/year) (e.g. from chemical fertiliser or organic nitrogen supply other than livestock manure)(1)
272
222
(1)This table does not imply any departure from regulation 8(1) or 9(3) which prohibit the application to the agricultural area on a holding of livestock manure in amounts which exceed 170kg N/ha/year, including that deposited by the animals themselves, or, in the case of grassland holdings granted a derogation in accordance with regulation 10, 250kg of N/ha/year, including that deposited by the animals themselves.
(2)The dairy cattle figures (dairy cows and heifer replacements) apply where it can be demonstrated that more than 50% of the livestock manure applied to the agricultural area, both by land application and by the animals themselves, arises from dairy cattle. In all other cases the figures for other livestock will apply.
Table 5Regulation 10(4) and 16(3) - Livestock manure production figures
Livestock type
Body weight (kg)
Volume of excreta produce per animal per week (m³)(1)
Cattle
Dairy cow
575
0.37
Suckler cow
500
0.23
Cattle > 2 years
500
0.23
Cattle 1 – 2 years
400
0.18
Cattle 0.5 – 1 year
180
0.09
Calf
100
0.05
Sheep
Adult ewe
65
0.03
Fattening lamb
35
0.01
Pigs
Gilt
90 – 130
0.05
1 Sow and litter
130 – 225
0.08
1 Weaner (Stage 1)
7 – 18
0.01
1 Grower (Stage 2)
18-35
0.02
1 Finisher meal fed (Stage 3)
35 – 105
0.03
1 Finisher liquid fed (Stage 3)
35 – 105
0.05
Poultry
1000 laying hens
0.81
(1)The standard figures for slurry produced by animals do not include water for cleaning buildings.
Table 6Regulations 8(6), 8(7), 9(7), 9(8) and 10(4) - Nitrogen availability in livestock manures and chemical fertilisers
Fertiliser
Nitrogen availability (%)
Chemical
100
Pig manure
50
Poultry litter
30
Farmyard manure
30
Cattle and other livestock manure
40
Table 7Regulation 10(4) - Phosphorus (P) excretion values
Livestock type
P excretion (kg per annum)
Cattle
Dairy cow
16.6
Suckler cow
10.1
Breeding bull
10.1
Cattle over 2 years
10.1
Cattle 1-2 years
7.9
Bull beef (0-13 months)
7.5
Calf 6 months to 1 year
3.0
Calf under 6 months
1.7
Sheep
Adult ewe/ram
1.0
Fattening lamb
0.3
Pigs
Boar
4.2
Maiden gilt
5.7
Sow and litter up to weaning
8.7
Pigs 18 kg – 35 kg
2.0
Pigs 18 kg – 105 kg
5.3
Pigs 35 kg – 105 kg
3.3
Poultry
Broilers (1000)
60
Male turkeys (1000)
534.1
Female turkeys (1000)
250.7
Fattening ducks (1000)
392.4
Broiler breeders (1000)
319.3
Pullets (1000)
41.1
Layers (1000)
237.6
Other
Horse (>3 years old)
9
Horse (2-3 years old)
8
Horse (1-2 years old)
6
Horse foal (< 1 year old)
3
Donkey/small pony
5
Goat
1
Deer (red) 6 months - 2 years
2
Deer (red) > 2 years
4
Deer (fallow) 6 months - 2 years
1
Deer (fallow) > 2 years
2
Deer (sika) 6 months - 2 years
1
Deer (sika) > 2 years
2
PART 2Criteria as to calculation of phosphorus balance
1
1
Phosphorus balance is the difference between phosphorus inputs to the farm less the total of phosphorus outputs leaving the farm. It is calculated per unit area of agricultural land on the holding for each calendar year.
2
Phosphorus inputs include, when imported on to the farm—
a
the total amount of phosphorus in chemical fertiliser;
b
the total amount of phosphorus in feedstuffs (calculated using values from Table 8); and
c
the total amount of phosphorus in organic manure (calculated using values from Table 9).
3
Phosphorus outputs include, when exported from the farm—
a
the total amount of phosphorus in produce, for example, meat, milk and crops (calculated using values from Table 8); and
b
the total amount of phosphorus in organic manure (calculated using values from Table 9).
4
Inputs of phosphorus to agricultural land in precipitation and losses of phosphorus from the farm to surface or groundwaters are excluded from the balance calculation.
Table 8Regulation 10(7) - Phosphorus (P) content of agricultural products and feedstuffs
Agricultural product
Phosphorus content (% fresh weight)
Poultry concentrate
0.5 (or actual declared content)
Pig concentrate
0.48 (or actual declared content)
Ruminant concentrate
0.55 (or actual declared content)
All other concentrates
0.58 (or actual declared content)
Cattle
0.66
Milk
0.10
Sheep
0.54
Wool
0.04
Pigs
0.50
Poultry
0.58
Eggs
0.22
Straw
0.10
Silage
0.06
Hay
0.30
Potatoes
0.04
Oats
0.29
Barley
0.30
Wheat
0.26
Maize
0.25
Full fat soya
0.45
Linseed
0.81
Rape
1.10
Soya
0.68
Sunflower
0.93
Gluten
0.96
Citrus
0.1
Wheat distillers
0.77
Corn distillers
0.77
Peas
0.44
Palm kernal
0.63
Pollard
1.00
Soya hulls
0.14
Sugar beet
0.1
Table 9Regulation 10(7) - Phosphorus (P) content of organic manures
Livestock manure type
Dry matter content (%)(1)
Phosphorus content (kg P/m3)(2)
Dairy cattle slurry
2
0.26
6
0.52
10
0.87
Beef cattle
2
0.26
6
0.52
10
0.87
Pig slurry
2
0.44
4
0.87
6
1.31
Separated cattle slurries (liquid portion)
Strainer box
1.5
0.13
Weeping wall
3
0.22
Mechanical separator
4
0.52
Dry matter content (%)
Phosphorus content (kg P/t)
Cattle farmyard manure
25
1.53
Pig farmyard manure
25
3.05
Sheep farmyard manure
25
0.87
Duck manure
25
2.40
Layer manure
30
5.67
Turkey litter
60
10.91
Broiler litter
66
7.00
(1)Figures in bold are the most common values.
(2)For calculation purposes assume 1m3 of slurry weighs 1 tonne.
SCHEDULE 2Schedule substituted for Schedule 2 to the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006
SCHEDULE 2PHOSPHORUS CONTENT OF ORGANIC MANURES
Table 1
Dry Matter
Available Phosphate (kg P2O5/m3)(1)
Dairy Slurry
2
0.6
6
1.2
10
2.0
Beef Cattle
2
0.6
6
1.2
10
2.0
Pig Slurry
2
1.0
4
2.0
6
3.0
Separated cattle slurries (liquid portion)
Strainer box
1.5
0.3
Weeping wall
3
0.5
Mechanical Separator
4
1.2
%
(kg P2O5/t)
Cattle FYM
25
3.5
Pig FYM
25
7.0
Sheep FYM
25
2.0
Duck manure
25
5.5
Layer manure
30
13
Turkey litter
60
25
Broiler litter
66
16
(1)Figures in bold are the most common values
(This note is not part of the Regulations)