S.I. No. 610/2010 - European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2010.

0. 0-3.0

2

1. The amount of livestock manure from grazing livestock applied to the land each year on grassland holdings, including by the animals themselves, shall not exceed the amount of manure containing 250 kg nitrogen per hectare, subject to the conditions laid down in paragraphs 2 to 7.

2. The total nitrogen inputs shall not exceed the crop requirement (within the meaning of Article 15). Total nitrogen application shall be differentiated on the basis of stocking rate and grassland productivity.

3. A fertilisation plan shall be kept for the holding describing the crop rotation of the farmland and the planned application of manure and nitrogen and phosphorus chemical fertilisers. The fertilisation plan shall be available on the holding by 1 March at the latest and shall include the following

(

a

) the number of livestock, a description of the housing and storage system, including the volume of manure storage available;

(

b

) a calculation of manure nitrogen (less losses in housing and storage) and phosphorus produced on the holding;

(

c

) the crop rotation and area of each crop, including a sketch map indicating location of individual fields;

(

d

) the foreseeable nitrogen and phosphorus crop requirements;

(

e

) the amount and the type of manure delivered outside the holding or to the holding;

(

f

) the results of soil analysis related to nitrogen and phosphorus soil status if available;

(

g

) nitrogen and phosphorus application from manure over each field (parcels of the holding homogeneous regarding cropping and soil type), and

(

h

) application of nitrogen and phosphorus with chemical and other fertilisers over each field.

A plan in relation to the holding shall be revised no later than seven days following any changes in agricultural practice on the holding to ensure consistency between the plan and actual agricultural practice on the holding.

4. Fertilisation accounts, including information related to management of soiled water, shall be kept in relation to the holding and shall be submitted to the Minister for Agriculture, Fisheries and Food each year in the format and by the date specified by that Minister.

5. The application made under Article 20, the fertilisation plan and the fertilisation accounts may be subject to control by the competent authority.

6. Nitrogen and phosphorus analysis in soil shall be performed for the holding at least every four years for each homogeneous area of the holding, with regard to crop rotation and soil characteristics. At least one analysis per five hectares of land shall be required.

7. Livestock manure shall not be spread in the autumn i.e. from 1 August to 15 October before grass cultivation.

Land management

8. An area not less than 80% of the net area available for application on the holding of livestock manure shall be grass and the following measures shall be carried out

(

a

) temporary grassland shall not be ploughed except in spring (i.e. from 1 February to 30 April);

(

b

) ploughed grass on all soil types shall be followed immediately by a crop with high nitrogen demand, and

(

c

) crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen (except in the case of clover in grassland with less than 50% clover and of cereal and pea mixtures undersown with grass).

Definitions

9. In this schedule, the following definitions shall apply

(

a

)“grassland holding” means a holding where 80% or more of the net area available for application of livestock manure is grass;

(

b

)“grazing livestock” means cattle (with the exclusion of veal calves), sheep, deer, goats and horses, and

(

c

)“grass” means permanent grassland or temporary grassland (temporary implying leys of less than four years).

GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government,

20 December 2010.

JOHN GORMLEY,

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations revoke, and re-enact with amendments, the European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2009. These Regulations come into effect on 20 December 2010.

These Regulations, which give effect to Irelands 2nd Nitrates Action Programme, provide statutory support for good agricultural practice to protect waters against pollution from agricultural sources and include measures such as-

• periods when land application of fertilisers is prohibited

• limits on the land application of fertilisers

• storage requirements for livestock manure, and

• monitoring of the effectiveness of the measures in terms of agricultural practice and impact on water quality.

The Regulations give further effect to several EU Directives including Directives in relation to protection of waters against pollution from agricultural sources ("the Nitrates Directive"), dangerous substances in water, waste management, protection of groundwater, public participation in policy development and water policy (the Water Framework Directive).

1 O.J. No. L 194/39, 25 July 1975.

2 O.J. No. L 20/43, 26 January 1980.

3 O.J. No. L 375/1, 31 December 1991.

4 O.J. No. L 327/1, 22 December 2000.

5 O.J. No. L 156/17, 25 June 2003.

6 O.J. No. L 64/52, 4 March 2006

7 O.J. No. L 114/9, 27 April 2006.

8 O.J. No. L 372/19, 27 December 2006.

9 O.J. No. L 312/3, 22 November 2008.

10. 2

11. 0

12. 5

13. 8

Dungstead manure (cattle)

14. (1) In the case of the storage capacity requirements prescribed by Articles 8, 9, 10, 11 or 12, the relevant article and Article 7 shall be in effect on the commencement of these Regulations.

PART 3 NUTRIENT MANAGEMENT

Interpretation, commencement etc

15. 0

10

16. (1) An occupier of a holding shall take all such reasonable steps as are necessary for the purposes of preventing or minimising the application to land of fertilisers in excess of crop requirement on the holding.

(2)(

a

) For the purposes of this article the phosphorus index for soil shall be deemed to be phosphorus index 3 unless a soil test indicates that a different phosphorus index is appropriate in relation to that soil.

(

b

) The soil test to be taken into account for the purposes of paragraph (

a

) in relation to soil shall, subject to paragraph (

c

), be the soil test most recently taken in relation to that soil.

(

c

) Where a period of six years or more has elapsed after the taking of a soil test in relation to soil the results of that test shall be disregarded for the purposes of paragraph (

a

) except in a case where that soil test indicates the soil to be at phosphorus index 4.

(3) Without prejudice to the generality of sub-article (1) and subject to sub-article (4), the amount of available nitrogen or available phosphorus applied to promote the growth of a crop specified in Table 12, 13, 14, 15, 16, 17, 18, 19, 20 or 21 of Schedule 2 shall not exceed the amount specified in the table in relation to that crop having regard to the relevant nitrogen index or phosphorus index, as the case may be, for the soil on which the crops are to be grown.

(4) In the case of a holding on which grazing livestock are held, the amount of available phosphorus supplied to the holding by the concentrated feedstuff shall be the amount fed to such livestock in the previous calendar year and the phosphorus content of such concentrated feedstuff shall in the absence of a known phosphorus content or phosphorus content provided by the supplier be deemed to be 0.5 kg phosphorus in respect of each 100 kg of such concentrated feedstuff.

(5)(

a

) In the case of a holding on which grazing livestock are held, the amount of available nitrogen and available phosphorus supplied to the holding by manure from such livestock shall (save insofar as such manure is exported from the holding) be deemed to be the relevant proportion of the amount of available nitrogen and available phosphorus contained in the total manure produced by such livestock.

(

b

) In paragraph (

a

), the “relevant proportion” means the proportion of a year as is represented by the storage period specified in Schedule 3 in relation to the holding.

PART 4

PREVENTION OF WATER POLLUTION FROM FERTILISERS AND CERTAIN ACTIVITIES

Distances from a water body and other issues

17. 5

18. (1) Livestock manure and other organic fertilisers, effluents and soiled water shall be applied to land in as accurate and uniform a manner as is practically possible.

(2) Fertilisers or soiled water shall not be applied to land in any of the following circumstances—

(

a

) the land is waterlogged;

(

b

) the land is flooded or likely to flood;

(

c

) the land is snow-covered or frozen;

(

d

) heavy rain is forecast within 48 hours, or

(

e

) the ground slopes steeply and, taking into account factors such as proximity to waters, soil condition, ground cover and rainfall, there is significant risk of causing water pollution.

(3) A person shall, for the purposes of sub-article (2)(

d

), have regard to weather forecasts issued by Met Éireann.

(4) Organic fertilisers or soiled water shall not be applied to land—

(

a

) by use of an umbilical system with an upward-facing splashplate,

(

b

) by use of a tanker with an upward-facing splashplate,

(

c

) by use of a sludge irrigator mounted on a tanker, or

(

d

) from a road or passageway adjacent to the land irrespective of whether or not the road or passageway is within or outside the curtilage of the holding.

(5) Subject to sub-article (6), soiled water shall not be applied to land—

(

a

) in quantities which exceed in any period of 42 days a total quantity of 50,000 litres per hectare, or

(

b

) by irrigation at a rate exceeding 5 mm per hour.

(6) In an area which is identified on maps compiled by the Geological Survey of Ireland as “Extreme Vulnerability Areas on Karst Limestone Aquifers”, soiled water shall not be applied to land—

(

a

) in quantities which exceed in any period of 42 days a total quantity of 25,000 litres per hectare, or

(

b

) by irrigation at a rate exceeding 3 mm per hour

unless the land has a consistent minimum thickness of 1m of soil and subsoil combined.

(7) For the purposes of sub-article (6), it shall be assumed until the contrary is shown that areas so identified as “Extreme Vulnerability Areas on Karst Limestone Aquifers” do not have a consistent minimum thickness of 1m of soil and subsoil combined.

Periods when application of fertilisers is prohibited

19. (1) Subject to this article, the application of fertiliser to land is prohibited during the periods specified in Schedule 4.

(2) Sub-article (1) shall not apply in relation to the application to land of—

(

a

) soiled water, or

(

b

) chemical fertilisers to meet the crop requirements of Autumn-planted cabbage or of crops grown under permanent cover, or

(

c

) fertilisers whose application rate or usage rate is less than 1kg per hectare of available nitrogen or phosphorus.

Limits on the amount of livestock manure to be applied

20. (1) Subject to this article, the amount of livestock manure applied in any year to land on a holding, together with that deposited to land by livestock, shall not exceed an amount containing 170 kg of nitrogen per hectare.

(2) For the purposes of sub-article (1), the amount of nitrogen produced by livestock and the nitrogen content of livestock manure shall be calculated in accordance with Tables 6, 7 and 8 of Schedule 2 except in the case of pig manure or poultry manure where a different amount is specified in a certificate issued in accordance with Article 32 in relation to that manure.

(3) For the purposes of sub-article (1), the area of a holding shall be deemed to be the net area of the holding.

(4) The application to land on a holding in any year of livestock manure in excess of the amount specified in sub-article (1) shall be deemed not to be a contravention of that sub-article where all of the following conditions are met—

(

a

) the occupier of the holding has made application in respect of that year to the Minister for Agriculture, Fisheries and Food for authorisation of a derogation from the requirements of that sub-article;

(

b

) the application under paragraph (

a

) is duly completed in the form and on or before the date specified for the time being by that Minister;

(

c

) the application under paragraph (

a

) is accompanied by an undertaking in writing by the occupier to comply with all the conditions specified in Schedule 5, and

(

d

) all the conditions set out in Schedule 5 are met by the occupier in relation to the holding.

(5) Where an application is made to the Minister for Agriculture, Fisheries and Food in accordance with sub-article (4) that Minister shall consider the application and, where that Minister considers that the application does not comply with the conditions therein, shall issue a notice of refusal to the occupier.

Ploughing and the use of non-selective herbicides

21. (1) Where arable land is ploughed between 1 July and 30 November the necessary measures shall be taken to provide for emergence, within 6 weeks of ploughing, of green cover from a sown crop. A rough surface shall be maintained prior to a crop being sown in the case of lands ploughed between 1 December and 15 January.

(2) Where grassland is ploughed between 1 July and 15 October the necessary measures shall be taken to provide for emergence by 1 November of green cover from a sown crop.

(3) Grassland shall not be ploughed between 16 October and 30 November.

(4) When a non-selective herbicide is applied to arable land or to grassland in the period between 1 July and 30 November the necessary measures shall be taken to provide for the emergence within 6 weeks of the application, of green cover from a sown crop or from natural regeneration.

(5) Where green cover is provided for in compliance with this article, the cover shall not be removed by ploughing or by the use of a non-selective herbicide before 1 December unless a crop is sown within two weeks of its removal.

(6) In the case of land which is ploughed in the course of a ploughing competition under the auspices of the National Ploughing Association, a temporary exemption in the form of an extension to the time period specified in sub-article (1) or (2) for establishment of green cover after the land is ploughed may be granted to a person by the Minister for Agriculture, Fisheries and Food where it can be shown that conditions are such that an extension is necessary.

(7) A temporary exemption in accordance with sub-article (6) shall be granted by way of letter of authorisation issued to a person by the Minister for Agriculture, Fisheries and Food and shall be subject to such conditions as are specified therein.

PART 5 GENERAL

General duty of occupier

22. (1) An occupier of a holding shall ensure compliance with the provisions of these Regulations in relation to that holding.

(2) An occupier of a holding shall comply with any advice or guidelines which may be issued from time to time for the purposes of these Regulations by the Minister, the Minister for Agriculture, Fisheries and Food or the Agency.

Keeping of records by occupier

23. 0

24. A person shall not compile information which is false or misleading to a material extent or furnish any such information in any notice or other document for the purposes of these Regulations.

Authorised person

25. (1) In this article, “authorised person” means—

(

a

) a person who is an authorised person for the purposes of

section 28

of the

Local Government (Water Pollution) Act, 1977

(No. 1 of 1977), or

(

b

) a person appointed under sub-article (12) to be an authorised person for the purposes of these Regulations.

(2) An authorised person may for any purpose connected with these Regulations—

(

a

) enter and inspect any premises for the purposes of performing a function under these Regulations or of obtaining any information which he or she may require for such purposes,

(

b

) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there is or may be a risk to the environment, or that an offence under these Regulations is being or is about to be committed, arising from the carrying on of an activity at a premises, enter any premises and bring onto those premises such other persons (including a member of the Garda Síochána) or equipment as he or she may consider necessary, or

(

c

) at any time if he or she has reasonable grounds for suspecting there may be a risk to the environment, or that an offence under these Regulations is being or is about to be committed, involving the use of any vehicle halt and board the vehicle and require the driver of the vehicle to take it to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person for such period as he or she may consider necessary.

(3) An authorised person shall not enter into a private dwelling under this article unless one of the following conditions applies—

(

a

) the entry is effected with the consent of the occupier,

(

b

) the authorised person has given the occupier not less than 24 hours notice in writing of the intended entry, or

(

c

) the entry is authorised by a warrant issued under sub-article (7).

(4) Whenever an authorised person enters any premises or boards any vehicle, under this article, he or she may—

(

a

) take photographs and carry out inspections, record information on data loggers, make tape, electrical, video or other recordings,

(

b

) carry out tests and make copies of documents (including records kept in electronic form) found therein and take samples,

(

c

) monitor any effluent, including trade effluent or other matter, which is contained in or discharged from a premises,

(

d

) carry out surveys, take levels, make excavations and carry out examinations of depth and nature of subsoil,

(

e

) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for a specified period,

(

f

) require information from an occupier of the premises of any occupant of the vehicle or any person employed on the premises or any other person on the premises,

(

g

) require the production of, or inspect, records (including records held in electronic form) or documents, or take copies of or extracts from any records or documents, and

(

h

) remove and retain documents and records (including documents held in electronic form) for such period as may be reasonable for further examination,

which the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any function under these Regulations.

(5)(

a

) An authorised person who, having entered any premises or boarded any vehicle pursuant to these Regulations, considers that a risk, to the environment arises from the carrying on of an activity at the premises or involving the use of the vehicle, may direct the owner or occupier of the premises or the driver of the vehicle to take such measures as are considered by that authorised person to be necessary to remove that risk.

(

b

) If the owner, occupier or driver referred to in paragraph (

a

) fails to comply with a direction of an authorised person under this subsection, the authorised person may do all things as are necessary to ensure that the measures required under the direction are carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the owner or occupier by him or her, or the person by whom he or she was appointed.

(6) A person shall not—

(

a

) refuse to allow an authorised person to enter any premises or board any vehicle or to bring any person or equipment with him or her in the exercise of his or her powers,

(

b

) obstruct or impede an authorised person in the exercise of any of his or her powers,

(

c

) give to an authorised person information which is to his or her knowledge false or misleading in a material respect, or

(

d

) fail or refuse to comply with any direction or requirement of an authorised person.

(7)(

a

) Where an authorised person in the exercise of his or her powers under this article is prevented from entering any premises, or if the authorised person has reason to believe that evidence related to a suspected offence under these Regulations may be present in any premises and that the evidence may be removed therefrom or destroyed, or if the authorised person has reason to believe that there is a significant immediate risk to the environment, the authorised person or the person by whom he or she was appointed may apply to the District Court for a warrant under this article authorising the entry by the authorised person onto or into the premises.

(

b

) If, on application being made to the District Court under this article, the District Court is satisfied, on the sworn information of the authorised person that he or she has been prevented from entering a premises, the Court may issue a warrant authorising that person, accompanied, if the Court deems it appropriate by another authorised person or a member of the Garda Síochána, as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in sub-article (4) or (5).

(8) An authorised person may, in the exercise of any power conferred on him or her by these Regulations involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by these Regulations, request a member of the Garda Síochána to assist him or her in the exercise of such a power and any member of the Garda Síochána to whom he or she makes such a request shall comply with this request.

(9) Any certificate or other evidence given, or to be given, in respect of any test, examination or analysis of any sample shall, in relation to that sample, be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.

(10) When exercising any power conferred on him or her by these Regulations an authorised person shall, if requested by any person affected, produce a certificate or other evidence of his or her appointment as an authorised person.

(11) Where a member of the Garda Síochána has reasonable cause to suspect that a person has committed an offence under these Regulations the member may without warrant arrest the person.

(12) A person may be appointed as an authorised person for the purposes of these Regulations by the Minister, the Minister for Agriculture, Fisheries and Food or the Agency.

(13) In this article “premises” includes land whether or not there are any structures on the land.

Offences and related matters

26. (1) A person who contravenes a provision of Parts 2 to 5 of these Regulations is guilty of an offence and shall be liable—

(

a

) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or,

(

b

) on conviction on indictment to a fine not exceeding €500,000 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.

(2) Where an offence under these Regulations has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if guilty of the first-mentioned offence.

(3) Where the affairs of a body corporate or unincorporated body are managed by its members, sub-article (2) shall apply to the acts and defaults of a member in connection with the functions of management as if such a member were a director or manager of the body.

(4) A prosecution for an offence under these Regulations may be taken by a local authority or the Agency.

(5) A prosecution for an offence may be taken by a local authority whether or not the offence is committed in the functional area of the authority.

(6) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under these Regulations, prosecuted by the Agency or a local authority, it shall, on the application of the Agency or local authority concerned (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Agency or local authority, as the case may be, and such payment may be enforced by the Agency or local authority, as the case may be, as if it were due to it on foot of a decree or order made by the court in civil proceedings.

(7) Where a person is convicted of an offence under these Regulations the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order that person to pay to the Agency or local authority concerned the costs and expenses, measured by the court, reasonably incurred by the Agency or local authority in relation to the investigation, detection and prosecution of the offence, including costs incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers.

(8)(

a

) Where a local authority has reason to believe that an offence has been or is being committed in relation to a holding the authority may by notice require the person who appears to the authority to be the occupier to provide such information as is specified in the notice in relation to the alleged offence and it shall be the duty of that person to provide such information within the time frame specified in the notice insofar as is known to him or her.

(

b

) A notice issued in accordance with paragraph (

a

) shall set out the provisions of Articles 22(1) and 24 and of sub-article (1).

(9) Where a local authority considers that an offence under these Regulations has been or is being committed in relation to a holding the authority shall take such enforcement measures as are warranted by the circumstances and as are necessary to ensure satisfactory compliance with these Regulations and which, save in the case of a trivial or insignificant offence or specific mitigating circumstances, shall include prosecution for the alleged offence.

(10)(

a

) Where on application by motion by the Agency or a local authority to the District Court, Circuit Court or the High Court, the court hearing the application is satisfied that a person has failed or is failing to comply with a provision of Parts 2 to 5 of these Regulations, the court may by order—

(i) direct the person to comply with the provisions,

(ii) make such other provision, including provision in relation to the payment of costs, as the court considers appropriate, and

(iii) make such interim or interlocutory order as it considers appropriate.

(

b

) An application for an order under this article may be made whether or not there has been a prosecution for an offence under these Regulations in relation to the relevant failure of compliance and shall not prejudice the initiation of a prosecution for an offence under these Regulations in relation to the failure of compliance.

(11) The powers, duties and functions assigned to a local authority or the Agency by this article are additional to, and not in substitution for, the powers, duties and functions assigned by the Local Government (Water Pollution) Acts 1977 and 1990 or any other statute.

(12) A local authority shall maintain a register of inspections undertaken of farm holdings and information received for the purposes of Article 26(8) and shall keep updated a record of all enforcement measures undertaken in accordance with the requirements of Article 26(9).

PART 6 FUNCTIONS OF PUBLIC AUTHORITIES

Minister for Agriculture, Fisheries and Food

27. (1) The Minister for Agriculture, Fisheries and Food shall carry out, or cause to be carried out, such monitoring and evaluation programmes in relation to farm practices as may be necessary to determine the effectiveness of measures being taken in accordance with these Regulations.

(2) The Minister for Agriculture, Fisheries and Food shall, in relation to each year, make the overall results of monitoring and evaluations carried out in accordance with sub-article (1) available to the Agency, to the Minister and, on request, to a local authority.

(3) The Minister for Agriculture, Fisheries and Food shall prepare and keep updated a register of all holdings and shall, on request, make a copy of the register available to the Agency or a local authority.

(4) The Minister for Agriculture, Fisheries and Food shall carry out, or arrange for the carrying out of, such monitoring, controls and reporting as are necessary for the purposes of Articles 8 (except Article 8(5)), 9 and 10 of the Commission Decision of 22 October 2007 or the related Articles in any subsequent Commission Decision.

(5) The Minister for Agriculture, Fisheries and Food shall make available to a local authority and/or the Agency a report of an inspection or inspections carried out for the purposes of these Regulations and/or upon written request other information in relation to any holding or holdings as the case may be where such transfer of data is necessary for the purposes of ensuring compliance with these Regulations.

Making and review of action programme by the Minister

28. 0

29. (1)(

a

) The Agency shall prepare at four-yearly intervals a report in accordance with Article 10 of the Nitrates Directive and shall submit such report to the Minister.

(

b

) The Agency shall prepare annually a report of the results of the monitoring carried out by local authorities for the purposes of Article 8(5) of the Commission Decision of 22 October 2007 (or the related Article in any subsequent Commission Decision) together with a concise report on water quality evolution and evaluation practice for the purposes of Article 10(1) (or the related Article in any subsequent Commission Decision) of that Decision and shall make such reports available to the Minister for Agriculture, Fisheries and Food by June in every year.

(2) The Agency shall undertake a review of progress made in implementing these Regulations and shall submit a report to the Minister by 30 June 2013 and every four years thereafter with the results of that review and with recommendations as to such additional measures, if any, as appear to be necessary to prevent and reduce water pollution from agricultural sources.

(3) In preparing the reports required under sub-articles (1) and (2) the Agency shall consult with the Department of Agriculture, Fisheries and Food and the co-ordinating local authority in each river basin district, and such other persons as it considers appropriate.

(4) The Department of Agriculture, Fisheries and Food and the relevant local authorities shall provide the Agency with such information appropriate to their functions as may be requested by the Agency for the purposes of these Regulations.

(5) Each monitoring programme prepared by the Agency for the purposes of Article 10 of European Communities (Water Policy) Regulations, 2003 (

S.I. No. 722 of 2003

) shall include provision for such monitoring as is necessary for the purposes of these Regulations.

(6) The Agency shall, as soon as may be but not later than 8 April 2009, make recommendations and give directions to a local authority in relation to the monitoring and inspections to be carried out, or other measures to be taken, by the authority for the purposes of these Regulations and may revise such recommendations and directions at such times thereafter as the Agency considers appropriate.

(7) The Agency shall make such recommendations and give such directions to a local authority in relation to the monitoring of water quality as are necessary for the purposes of Article 8(5) of the Commission Decision of 22 October 2007 or the related Articles in any subsequent Commission Decision.

(8) The powers, duties and functions assigned to the Agency by these Regulations are additional to, and not in substitution for, the powers, duties and functions assigned to the Agency by

section 63

of the

Environmental Protection Agency Act, 1992

(No. 7 of 1992) or any other statute.

Local authorities

30. (1) A local authority shall carry out, or cause to be carried out, such monitoring of surface waters and groundwaters at selected measuring points within its functional area as makes it possible to establish the extent of pollution in the waters from agricultural sources and to determine trends in the occurrence and extent of such pollution.

(2) A local authority shall carry out or cause to be carried out such inspections of farm holdings as is necessary for the purposes of these Regulations and shall aim to co-ordinate its inspection activities with inspections carried out by other public authorities.

(3) For the purposes of sub-article (2) a local authority shall aim to develop co-ordination arrangements with other public authorities with a view to promoting consistency of approach in inspection procedures and administrative efficiencies between public authorities and to avoid any unnecessary duplication of administrative procedures and shall have regard to any inspection protocol which may be developed by the Minister, following consultation with the Minister for Agriculture, Fisheries and Food.

(4) A local authority shall, in the exercise of its functions for the purposes of these Regulations—

(

a

) consult to such extent as it considers appropriate with the Minister, the Minister for Agriculture, Fisheries and Food, the Agency, the co-ordinating local authority in the relevant river basin district and such other persons as it considers appropriate, and

(

b

) have regard to any recommendations made, and comply with any direction given, to the authority by the Agency in accordance with Article 29.

(5) A local authority shall furnish to the Department of Agriculture, Fisheries and Food and such other persons as it considers appropriate a report of an inspection or inspections carried out for the purposes of these Regulations where non-compliance has been detected.

(6) A local authority shall maintain a register of prior investigations carried out, and distances specified, for the purposes of Article 17.

Compliance with Data Protection Acts

31. The provision of information by a local authority, the Agency or the Minister for Agriculture, Fisheries and Food in accordance with Article 27, 29 or 30 of these Regulations shall not be a breach of the Data Protection Acts, 1988 and 2003.

Certificate in relation to nutrient content of fertiliser

32. (1) A certificate of the type specified in Article 15 or 20 may be issued by a competent authority where the authority is satisfied that the nutrient content of the fertiliser in question has been assessed on the basis of appropriate methodologies based on net farm balance and is as specified in the certificate.

(2) A certificate issued under this article shall be valid for such period, not exceeding twelve months, as shall be specified in the certificate.

(3) In this article “competent authority” means—

(

a

) the Agency in relation to fertiliser arising in an activity in relation to which there is in force a licence under Part IV of the Act of 1992, and

(

b

) the Minister for Agriculture, Fisheries and Food in relation to any other fertiliser.

(4) Notice of the methodologies used for the purposes of sub-article (1) shall be notified to the European Commission by the competent authority.

Exemption for exceptional circumstances for research

33. (1) A temporary exemption from a requirement of these Regulations may be granted to a person by the Agency or the Minister for Agriculture, Fisheries and Food in the case of exceptional circumstances relating to research.

(2) A temporary exemption for the purposes of sub-article (1) shall be granted by way of certificate issued to a person by the Agency or the Minister for Agriculture, Fisheries and Food and shall be subject to such conditions, if any, as are specified in the certificate.

(3) A certificate issued for the purposes of this article shall specify the nature, extent and duration of the exemption to which the certificate relates and a copy of the certificate shall be sent as soon as may be to the relevant local authority.

Transitional provisions

34. (1) A holding on which the application of fertilisers is carried out in accordance with a nutrient management plan approved on or before 1 December 2006 for the purposes of the Rural Environmental Protection Scheme shall be deemed to be compliant with the requirements of Article 16 for the duration of that plan.

(2) The application to land in any year prior to 1 January 2007 of livestock manure in excess of the amount specified in Article 20(1) of the European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2006 shall be deemed not to be a contravention of that provision.

(3) Notwithstanding Articles 16 and 26 and sub-article (2), the application to land of phosphorus in excess of the quantities prescribed by Article 16 shall not be an offence for the purposes of Article 16 in a case where—

(

a

) the excess arises from the application of spent mushroom compost or manure produced by pigs or poultry, and

(

b

) the excess amount does not exceed the amounts specified in Schedule 2, Table 22 of these Regulations from the prescribed dates, and

(

c

) such compost or manure, as the case may be, is produced on a holding on which activities were being carried out which gave rise to spent mushroom compost or manure from pigs or poultry and there has not been an increase in the scale of such activities on the holding since 1 August 2006, and

(

d

) suppliers of spent mushroom compost or manure produced by pigs and poultry retain records of the movement of such fertilisers off the holding in accordance with the requirements of Article 23, and

(

e

) the occupier of the holding on which the phosphorus is applied to land holds records which demonstrate compliance with paragraphs (

a

), (

b

), (

c

) and (

d

).

Article 3

SCHEDULE 1

SOIL TEST

A soil test refers to the results of an analysis of a soil sample carried out by a soil-testing laboratory that meets the requirements of the Minister for Agriculture, Fisheries and Food for this purpose.

The analysis for phosphorus and, where appropriate, organic matter content and the taking of soil samples shall be carried out in accordance with the procedures below.

Analysis for Phosphorus

The Morgan’s extractable P test as detailed below shall be used to determine the Soil P Index.

Preparation of soil sample

The soil shall be dried at 40°C for at least 24 hours (longer if necessary to ensure complete drying) in a forced draught oven with moisture extraction facilities. It shall then be sieved through a 2 mm mesh screen to remove stones and plant debris. After thorough mixing, it shall be sub-divided to obtain a representative sample. Where large samples are received at the laboratory, the entire sample shall be dried and sieved prior to sub-sampling for analysis.

Morgan’s Extracting Solution

Constituents:— 1,400 ml of 40% NaOH in approximately 15 litres of water. Add 1,440 ml of Glacial Acetic Acid. Make up to 20 litres with water and adjust pH to 4.8. The pH of the solution must be checked regularly and adjusted as necessary before use. A volume ratio of one part sieved soil to five parts of solution must be used, e.g. 6 ml of the prepared soil sample is extracted with a 30 ml volume of Morgan’s Extracting Solution. The sample shall be shaken for 30 minutes to get a suitable mix and permit intended reaction, after which it is filtered through a No. 2 Whatman filter paper into vials for analysis. The filtered extract shall be analysed using standard laboratory techniques.

Results shall be reported in mg per litre.

Analysis of organic matter

Organic Matter content shall be determined by loss on ignition.

Place a quantity of the prepared soil sample in an oven for 16 hours at 105°C. Remove and cool in a desiccator. Put approximately 4g of this soil into a pre-weighed crucible and determine the weight of the soil (initial weight). Place in a muffle furnace at 500°C for 16 hours for ashing. Remove the crucible, cool in a desiccator and determine the weight of the ash (final weight).

The organic matter of the soil is the difference in weight between the initial and final weights expressed as a percentage of the initial weight.

Soil Sampling Procedure

The soil sample shall be taken in accordance with the procedure as specified below

(

a

) The sampling area shall not exceed 4 hectares. Exceptionally, where soil types and cropping of lands were similar during the previous five years, a sample area of up to 8 hectares shall be deemed acceptable.

(

b

) Separate samples shall be taken from areas that are different in soil type, previous cropping history, slope, drainage or persistent poor yields.

(

c

) Any unusual spots such as old fences, ditches, drinking troughs, dung or urine patches or where fertiliser or lime has been heaped or spilled shall be avoided.

(

d

) A field shall not be sampled for phosphorus until 3 months after the last application of any fertiliser containing this nutrient (chemical or organic).

(

e

) The sampling pattern shown in the figure below shall be followed. A soil core shall be taken to the full 100 mm depth. 20 cores shall be taken from the sampling area and placed in the soil container to make up the sample. Ensure the container is full of soil.

(

f

) The field and sample numbers shall be written/attached onto the soil container.

Figure 1: Sampling pattern

Article 7

SCHEDULE 2 CRITERIA AS TO STORAGE CAPACITY AND NUTRIENT MANAGEMENT

Table 1 Slurry storage capacity required for sows and pigs

Unit type

m3/week1

Water:meal ratio changing for finishers only