IE
S.I. No. 31/2014 - European Union (Good Agricultural Practice for Protection of Waters) Regulations 2014.
Table of Provisions (35)
Statutory Text (35 Articles)
0. 9
Farmyard manure
1. In counties Carlow, Cork, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow, the period during which the application of fertilisers to land is prohibited is the period from—
(
a
)15 September to 12 January in the case of the application of chemical fertiliser
(
b
)15 October to 12 January in the case of the application of organic fertiliser (other than farmyard manure)
(
c
)1 November to 12 January in the case of the application of farmyard manure.
2. In counties Clare, Galway, Kerry, Limerick, Longford, Louth, Mayo, Meath, Roscommon, Sligo and Westmeath, the period during which the application of fertilisers to land is prohibited is the period from—
(
a
)15 September to 15 January in the case of the application of chemical fertiliser
(
b
)15 October to 15 January in the case of the application of organic fertiliser (other than farmyard manure)
(
c
)1 November to 15 January in the case of the application of farmyard manure.
3. In counties Cavan, Donegal, Leitrim and Monaghan, the period during which the application of fertilisers to land is prohibited is the period from—
(
a
)15 September to 31 January in the case of the application of chemical fertiliser
(
b
)15 October to 31 January in the case of the application of organic fertiliser (other than farmyard manure)
(
c
)1 November to 31 January in the case of the application of farmyard manure.
GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government,
28 January 2014.
PHIL HOGAN,
Minister for the Environment, Community 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, the European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2010.
These Regulations, which give effect to Irelands 3rd 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 375/1, 31 December 1991.
2 O.J. No. L 327/1, 22 December 2000.
3 O.J. No. L 156/17, 25 June 2003.
4 O.J. No. L 64/52, 4 March 2006.
5 O.J. No. L 372/19, 27 December 2006.
6 O.J. No. L 312/3, 22 November 2008.
4. 5
5. 1-8.0
6. 1-10.0
4
> 8.0
>10.0
Article 16
Table 12 Annual maximum fertilisation rates of available nitrogen on grassland
Grassland stocking rate1
Available nitrogen2
(kg/ha/year)
(kg/ha)
170
226
Grassland stocking rate greater than 170 kg/ha/year3
171-210
306
211-250
279
>250
2794
1 Total annual nitrogen (kg) excreted by grazing livestock averaged over the eligible grassland area (ha) (grazing and silage area). Stocking rate refers to grassland area only.
2 The maximum nitrogen fertilisation of grassland shall not exceed that specified for stocking rates less than or equal to 170 kg/ha/year unless a minimum of 5% of the eligible area of the holding is used to grow crops other than grass or a derogation applies in respect of the holding.
3 This table does not imply any departure from Article 20(1) which prohibits the application to land on a holding of livestock manure in amounts which exceed 170kg Nitrogen per hectare per year, including that deposited by the animals themselves (or 250kg in the case of a holding to which a derogation has been granted, in accordance with the Nitrates Directive).
4 The application of Nitrogen from livestock manure (including that deposited by the animals themselves) to the eligible grassland area shall not exceed 250 kg Nitrogen per hectare per year.
Table 13 Annual maximum fertilisation rates of phosphorus on grassland
Grassland stocking rate1 (kg/ha/year)
Phosphorus Index
1
2
3
4
Available Phosphorus (kg/ha) 2,3,6
< 85
31
21
11
0
86 — 130
36
26
16
0
131-170
41
31
21
0
Grassland stocking rate greater than 170 kg/ha/year4,5
171-210
46
36
26
0
211-250
51
41
31
0
>250
51
41
31
0
1 Total annual nitrogen (kg) excreted by grazing livestock averaged over the eligible grassland area (grazing and silage area). Stocking rate refers to grassland area only.
2 The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.
3 Manure produced by grazing livestock on a holding may be applied to Index 4 soils on that holding in a situation where there is a surplus of such manure remaining after the phosphorus fertilisation needs of all crops on soils at phosphorus indices 1, 2 or 3 on the holding have been met by the use only of such manure produced on the holding.
4 The maximum phosphorus fertilisation of grassland shall not exceed that specified for stocking rates less than or equal to 170 kg/ha/year unless a minimum of 5% of the eligible area of the holding is used to grow crops other than grass or a derogation applies in respect of the holding.
5 This table does not imply any departure from Article 20(1) which prohibits the application to land on a holding of livestock manure in amounts which exceed 170kg Nitrogen per hectare per year, including that deposited by the animals themselves (or 250kg in the case of a holding to which a derogation has been granted in accordance with the Nitrates Directive).
6 An additional 15 kg of phosphorus per hectare may be applied on soils at phosphorus indices 1, 2, or 3 for each hectare of pasture establishment undertaken.
Table 14 Annual maximum fertilisation rates of available nitrogen on grassland (cut only, no grazing livestock on holding)
Available nitrogen (kg/ha)
1st cut
125
Subsequent cuts
100
Hay
80
Table 15 Annual maximum fertilisation rates of phosphorus on grassland cut only
Phosphorus Index
1
2
3
4
Available Phosphorus (kg/ha)1, 2, 3
First cut
40
30
20
0
Subsequent cuts
10
10
10
0
1The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.
2The fertilisation rates apply to grassland where there is no grazing livestock on the holding.
3The fertilisation rates in this table apply to those areas of farms where hay or silage is produced for sale off the holding on farms stocked <85kg grassland stocking rate.
Table 16 Maximum fertilisation rates of nitrogen on tillage crops
Crop
Nitrogen Index
1
2
3
4
Available Nitrogen (kg/ha)
Winter Wheat1,2
210
180
120
80
Spring Wheat1,2
160
130
95
60
Winter Barley1
180
155
120
80
Spring Barley1,3
135
100
75
40
Winter Oats1
145
120
85
45
Spring Oats1
110
90
60
30
Sugar Beet
195
155
120
80
Fodder Beet
195
155
120
80
Potatoes: Maincrop
170
145
120
95
Potatoes: Early
155
130
105
80
Potatoes: Seed
155
130
105
80
Maize
180
140
110
75
Field Peas/Beans
0
0
0
0
Oilseed Rape
225
180
160
140
Linseed
75
50
35
20
Swedes/Turnips
90
70
40
20
Kale
150
130
100
70
Forage Rape
130
120
110
90
1 Where proof of higher yields is available, an additional 20kg N/ha may be applied for each additional tonne above the following yields
Winter Wheat — 9.0 tonnes/ha Spring Wheat — 7.5 tonnes/ha
Winter Barley — 8.5 tonnes/ha Spring Barley — 6.5 tonnes/ha
Winter Oats — 7.5 tonnes/ha Spring Oats — 6.5 tonnes/ha
The higher yields shall be based on the best yield achieved in any of the three previous harvests, at 20% moisture content.
2 Where milling wheat is grown under a contract to a purchaser of milling wheat, an extra 30 kg N/ha may be applied.
3 Where malting barley is grown under a contract to a purchaser of malting barley, an extra 20 kg N/ha may be applied where it is shown on the basis of agronomic advice that additional nitrogen is needed to address a proven low protein content in the grain.
Table 17 Maximum fertilisation rates of phosphorus on tillage crops
Crop
Phosphorus Index
1
2
3
4
Available Phosphorus (kg/ha)1
Winter Wheat2,3
45
35
25
0
Spring Wheat2,3
45
35
25
0
Winter Barley2,3
45
35
25
0
Spring Barley2,3
45
35
25
0
Winter Oats2,3
45
35
25
0
Spring Oats2,3
45
35
25
0
Sugar Beet
70
55
40
20
Fodder Beet
70
55
40
20
Potatoes: Maincrop
125
100
75
50
Potatoes: Early
125
115
100
50
Potatoes: Seed
125
115
100
85
Maize
70
50
40
204
Field Peas
40
25
20
0
Field Beans
50
40
20
0
Oil Seed Rape
35
30
20
0
Linseed
35
30
20
0
Swedes/Turnips
70
60
40
40
Kale
60
50
30
0
Forage Rape
40
30
20
0
1 The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.
2 Where proof of higher yields is available, an additional 3.8kg P/ha may be applied on soils at phosphorus indices 1, 2, or 3 for each additional tonne above a yield of 6.5 tonnes/ha. The higher yields shall be based on the best yield achieved in any of the three previous harvests, at 20% moisture content.
3 Where pH is greater than or equal to 7, 20kg P/ha may be applied on soils at phosphorus index 4.
4 Must be incorporated prior to or during sowing.
Table 18 Maximum fertilisation rates of nitrogen on vegetable crops
Crop
Nitrogen Index
Maximum additional supplementation (Top dressing)
1
2
3
4
Available Nitrogen (kg/ha)
Asparagus (Establishment)
140
115
95
70
Asparagus (Afterharvest)
100
100
100
100
Broad Beans
0
0
0
0
French Beans
90
85
75
70
Beetroot
140
125
105
90
Brussels Sprouts
120
115
105
100
180
Spring Cabbage
50
35
15
0
250
Other Cabbage
150
135
115
100
100
Broccoli
120
110
100
90
120
Cauliflower (Winterand Spring)
75
50
25
0
150
Cauliflower (Summerand Autumn)
120
80
40
0
120
Carrots
90
75
55
40
Celery
120
85
65
50
180
Courgettes
140
125
105
90
Leeks
100
90
80
70
100
Lettuce
100
90
80
70
50
Onions
70
60
50
40
70
Scallions
90
80
70
60
60
Parsley
100
80
60
40
150
Parsnip
100
85
70
50
50
Peas (Market)
0
0
0
0
0
Rhubarb
100
90
80
70
200
Spinach
140
125
105
90
100
Swede(Horticultural)
70
45
25
0
Swede (Transplantedcrops)
80
52
29
0
Table 19 Maximum fertilisation rates of phosphorus on vegetable crops
Phosphorus Index
Crop
1
2
3
4
Available Phosphorus (kg/ha)1
Asparagus (Establishment)
40
25
15
10
Asparagus(Maintenance)
27
17
10
7
Broad Beans
60
45
35
20
French Beans
60
45
35
20
Beetroot
60
45
35
20
Brussels Sprouts
60
45
35
20
Spring Cabbage
60
45
35
20
Other Cabbage
60
45
35
20
Broccoli
60
45
35
20
Cauliflower (Winter and Spring)
60
45
35
20
Cauliflower(Autumn)
60
45
35
20
Carrots
60
45
35
20
Celery
88
65
55
28
Courgettes
60
45
35
20
Leeks
60
45
35
20
Lettuce
60
45
35
20
Onions
60
45
35
20
Scallions
60
45
35
20
Parsley
60
45
35
20
Parsnip
60
45
35
20
Peas (Market)
60
45
35
20
Rhubarb
60
45
35
20
Spinach
60
45
35
20
Swede
70
60
45
35
1 The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.
Table 20 Annual maximum fertilisation rates of nitrogen on fruit/soft fruit crops
Available Nitrogen (kg/ha)
Apples (Dessert)
125
Apples (Culinary)
125
Pears
50
Cherries
70
Plums
70
Blackcurrants
80
Gooseberries
40
Raspberries
60
Strawberries
50
Redcurrants
60
Loganberries
50
Blackberries
50
Table 21 Annual maximum fertilisation rates of phosphorus on fruit/soft fruit crops
Phosphorus Index
1
2
3
4
Available Phosphorus (kg/ha)1
Apples (Desert)
25
16
12
8
Apples(Culinary)
20
12
10
8
Pears
16
8
4
0
Cherries
16
8
4
0
Plums
16
8
4
0
Blackcurrants
20
16
12
8
Gooseberries
20
16
12
8
Raspberries
20
16
12
8
Strawberries
16
8
4
0
Redcurrants
20
16
12
8
Loganberries
20
16
12
8
Blackberries
20
16
12
8
1 The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.
Table 22 Phosphorus excess limits Article 34(3)
Date
Total available phosphorus (kg/ha)
1 January 2013
5
1 January 2015
3
1 January 2017
0
SCHEDULE 3
Articles 10, 11, 13 and 16
STORAGE PERIODS FOR LIVESTOCK MANURE
7. (1) Storage facilities for livestock manure and other organic fertilisers, soiled water and effluents from dungsteads, farmyard manure pits or silage pits shall be maintained free of structural defect and be maintained and managed in such manner as is necessary to prevent run-off or seepage, directly or indirectly, into groundwater or surface water, of such substances.
(2) Storage facilities being provided on a holding on or after 31 March 2009 shall—
(
a
) be designed, sited, constructed, maintained and managed so as to prevent run-off or seepage, directly or indirectly, into groundwater or surface water of a substance specified in sub-article (1), and
(
b
) comply with such construction specifications for those facilities as may be approved from time to time by the Minister for Agriculture, Food and the Marine.
(3) Storage facilities other than those referred to in sub-article (2) shall be of such construction and design and shall be maintained and managed in such a manner so as to comply with the requirements of sub-article (1) and article 6(2).
(4) In this article “storage facilities” includes out-wintering pads, earthen-lined stores, integrated constructed wetlands and any other system used for the holding or treatment of livestock manure or other organic fertilisers.
General obligations as to capacity of storage facilities
8. (1) The capacity of storage facilities for livestock manure and other organic fertilisers, soiled water and effluents from dungsteads, farmyard manure pits or silage pits on a holding shall be adequate to provide for the storage of all such substances as are likely to require storage on the holding for such period as may be necessary as to ensure compliance with these Regulations and the avoidance of water pollution.
(2) For the purposes of sub-article (1) an occupier shall have due regard to the storage capacity likely to be required during periods of adverse weather conditions when, due to extended periods of wet weather, frozen ground or otherwise, the application to land of livestock manure or soiled water is precluded.
(3) For the purposes of Articles 8 to 14, the capacity of storage facilities on a holding shall be disregarded insofar as the occupier does not have exclusive use of those facilities.
(4) For the purposes of Articles 10 to 14 the capacity of facilities required in accordance with these Regulations for the storage of manure from livestock of the type specified in Tables 1, 2 or 3 of Schedule 2 shall be determined by reference to the criteria set out in the relevant table and the rainfall criteria set out in Table 4 of that schedule and shall include capacity for the storage for such period as may be necessary for compliance with these Regulations of rain-water, soiled water or other extraneous water which enters or is likely to enter the facilities.
Capacity of storage facilities for effluents and soiled water
9. 2
10. 2
11. 0
12. 5
13. 8
Dungstead manure(cattle)
14. (1) The capacity of facilities for the storage of livestock manure on a holding may, to such extent as is justified in the particular circumstances of the holding, be less than the capacity specified in Article 10, 11, 12 or 13, as appropriate, in the case of a holding where—
(
a
) the occupier of the holding has a contract providing exclusive access to adequate alternative storage capacity located outside the holding,
(
b
) the occupier has a contract for access to a treatment facility for live-stock manure, or
(
c
) the occupier has a contract for the transfer of the manure to a person registered under and in accordance with the European Communities (Tranmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 S.I. 252 of 2008 to undertake the transport of manure.
(2) Subject to sub-article (3), the capacity of facilities for the storage of live-stock manure may be less than the capacity specified in Article 12 or 13, as appropriate, in relation to—
(
a
) deer, goats or sheep which are out-wintered at a grassland stocking rate which does not exceed 130 kg nitrogen at any time during the period specified in Schedule 4 in relation to the application of organic fertiliser other than farmyard manure, or
(
b
) livestock (other than dairy cows, deer, goats or sheep) which are out-wintered at a grassland stocking rate which does not exceed 85 kg nitrogen at any time during the period specified in Schedule 4 in relation to the application of organic fertiliser other than farmyard manure.
(3) Sub-article (2) shall apply only in relation to a holding where all the fol-lowing conditions are met—
(
a
) all the lands used for out-wintering of the livestock are comprised in the holding,
(
b
) the out-wintered livestock have free access at all times to the required lands,
(
c
) the amount of manure produced on the holding does not exceed an amount containing 140kg of nitrogen per hectare per annum,
(
d
) severe damage to the surface of the land by poaching does not occur, and
(
e
) the reduction in storage capacity is proportionate to the extent of out-wintered livestock on the holding.
(4) In this Article, a grassland stocking rate of 130 kg or 85 kg of nitrogen, as the case may be, means the stocking of grassland on a holding at any time by such numbers and types of livestock as would in the course of a year excrete waste products containing 130 kg or 85 kg of nitrogen, as the case may be, per hectare of the grassland when calculated in accordance with the nutrient excretion rates for livestock specified in Table 6 of Schedule 2.
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 five 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. In the case of crops not identified in the tables listed above fertilisers shall be applied in accordance with the national agriculture and food development authority’s guidance as approved by the Minister for Agriculture, Food and the Marine.
(4) In the case of a holding on which grazing livestock are held, the amount of available phosphorus supplied to the holding by concentrated feedstuff, shall be the amount fed to such livestock in excess of 300kg per 85kg livestock manure nitrogen 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, other organic fertilisers, effluents, soiled water and chemical fertilisers shall be applied to land in as accurate and uniform a manner as is practically possible.
(2) Organic and chemical 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 there is a risk of water pollution having regard to factors such as surface runoff pathways, the presence of land drains, the absence of hedgerows to mitigate surface flow, soil condition and ground cover.
(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) 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 eligible area of the holding.
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)(
a
) 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.
(
b
) The requirement in sub-article 4 (
a
) shall be reduced to 75% of the relevant cereal area where a contract is in place for seed crops or crops producing grain destined for human consumption which prohibits the application of a non-selective herbicide preharvest.
(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 applies 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.
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, Food and the Marine 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 (11) 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 or
(
b
) 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 sub-section, 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 know-ledge 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) A person may be appointed as an authorised person for the purposes of these Regulations by the Minister, the Minister for Agriculture, Food and the Marine or the Agency.
(12) 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 Class A fine or to imprisonment for a term not exceeding 3 months or both 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 con-nivance 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 man-aged 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 a summary offence under these Regulations may be taken by a local authority or the Agency.
(5) A prosecution for a summary 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 accord-ance with the requirements of Article 26(9).
PART 6
FUNCTIONS OF PUBLIC AUTHORITIES
Minister for Agriculture, Food and the Marine
27. (1) The Minister for Agriculture, Food and the Marine 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, Food and the Marine 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, Food and the Marine 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, Food and the Marine 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.
(5) The Minister for Agriculture, Food and the Marine shall cause to be carried out an assessment of the capacity of livestock manure storage facilities, in the context of potential agricultural expansion in accordance with Food Harvest 2020.
Making and review of action programme by the Minister
28. 0
29. (1) 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.
(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 2017 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, Food and the Marine and the co-ordinating local authority in each river basin district, and such other persons as it considers appropriate.
(4) The Department of Agriculture, Food and the Marine 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, from time-to-time as it considers appropriate, 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 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 promot-ing 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, Food and the Marine.
(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, Food and the Marine, 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, Food and the Marine 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, Food and the Marine 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 con-tent 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, Food and the Marine 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, Food and the Marine 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, Food and the Marine 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. 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
).
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 Agri-culture, Food and the Marine for this purpose.
The analysis for phosphorus and, where appropriate, organic matter content and soil pH, 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.
Analysis of soil pH
Soil pH shall be determined by measuring pH in a soil:water suspension of 1:2 ratio. Place 10 ml of dried sieved soil and 20 mls of deionised water into a suitable container. Mix thoroughly and allow to stand for at least 10 minutes. Stir for 30 seconds, and allow to settle immediately before recording the pH on a meter calibrated using buffer solutions of pH 4.0 and 7.0
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 8
SCHEDULE 2
CRITERIA AS TO STORAGE CAPACITY AND NUTRIENT MANAGEMENT
Table 1 Slurry storage capacity required for sows and pigs
Unit type
m
3
/week1
Water:meal ratio changing for finishers only
2.0:1
2.5:1
3.0:1
3.5:1
4.0:1
Breeding unit (per sow place)
—
—
—
—
0.174
Integrated unit (per sow place)
0.312
0.355
0.398
0.441
0.483
Finishing unit (per pig)
0.024
0.031
0.039
0.046
0.053
1 An additional 200mm freeboard must be provided in all covered tanks and 300mm freeboard in all uncovered tanks. Allowance must also be made for net rainfall during the specified storage period for uncovered tanks.
Table 2 Slurry storage capacity required for cattle, sheep and poultry
Livestock type
m
3
/week1
Dairy cow