2012 No. 231

Environmental Protection

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

seal_r00001Mark BrowneA senior officer of the Department of Agriculture and Rural Development

Sealed with the Official Seal of the Department of the Environment on 1st June 2012

seal_r00001Wesley ShannonA senior officer of the Department of the Environment

SCHEDULE 1Schedule substituted for the Schedule to the Nitrates Action Programme Regulations (Northern Ireland) 2010

Regulation 8

SCHEDULE

Regulations 8, 9, 10, 16

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

Regulation 9

SCHEDULE 2PHOSPHORUS CONTENT OF ORGANIC MANURES

Regulation 2(2)

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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Nitrates Action Programme Regulations (Northern Ireland) 2010 in regard to the manner of storage of poultry litter and location of storage facilities.

Regulation 4 amends regulation 14 to require the doubling of the distances between temporary poultry litter field heaps and surface water features as well as requiring an authorisation for an individual field heap. Regulation 14 is also amended to ensure that poultry litter field heaps are not placed on soil that is water logged or in a location that is flooded or likely to flood.

Regulation 5 amends regulation 20 to include the new authorisation required by amended regulation 14 as a record that a controller must keep.

Regulation 6 amends regulation 24 to provide an appeal procedure where an application for an authorisation for temporary storage of poultry litter in a field heap is refused by the Department.

Regulation 7 amends regulation 25 to make offences for non compliance with amended regulation 14.

Regulation 8 amends the schedule to the principal Regulations to update incorrect values for nitrogen excretion rates and total nitrogen content of slurry.

Regulation 9 makes a consequential amendment to Schedule 2 to the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006 reflecting the updates to the Schedule to the Nitrates Action Programme Regulations (Northern Ireland) 2010.