Nitrates Action Programme Regulations, 2011

L.N. 321 of 2011

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Nitrates Action Programme Regulations, 2011

IN exercise of the powers conferred by article 61 of the

Environment and Development Planning Act, the Prime Minister,

in concurrence with the Minister for Resources and Rural Affairs,

has made the following regulations:-

(1) The title of these regulations is the Nitrates Action Title and scope.

Programme Regulations, 2011.

(2) The aim of these regulations is the regulation of

agricultural activities in Malta with a view to reducing pollution

of natural water resources by nitrates in particular through the

implementation of the Nitrates Action Programme and to ensure

compliance with the Council Directive 91/676/EEC concerning

the protection of waters against pollution caused by nitrates from

agricultural sources.

R EGULATION 9(1)

P LANT N UTRIENT R EQUIREMENTS

Yield

Nitrogen

Phosphorus

Potassium

Crop Type

(t/ha)

Kg N/ha

kg P 2 O 5 /ha

Kg K 2 O/ha

Carrot

Fennel

Wheat

Barley

Oats

Maize

Sorghum

Rape seed

Chickpea

Broad bean

Bean

Pea

Grass

Sulla

Potatoes

Basil

Brussels sprouts

Cabbage

Chicory

Endive

Lettuce

Leek

Parsley

Celery

Spinach

Asparagus

Artichoke

Broccoli

Cauliflower

B

Dill

Cucumber

Watermelon

French bean

Eggplant

Melon

Pepper

Tomato

Pumpkin

Courgettes

Garlic

Onion

Beet

Radish

Turnip

Table grapes

Wine grapes

Quince

Apple

Pear

Apricot

Cherry

Almond

Peach / Nectarine

Plum

Orange

Lemon

Tangerine

Grapefruit

Olive

Fig

Pomegranate

Strawberry

Mulberry

B

For the purposes of these regulations and unless the Interpretation.

context otherwise requires

“the Act” means the Environment and Development

Planning Act;

“agricultural activity” means the production, rearing

or growing of agricultural products including harvesting,

milking, breeding animals and keeping animals for farming

purposes, or maintaining the land in good agricultural and

environmental condition;

“agricultural products” means the products listed in

Annex I to the Treaty establishing the European Community,

with the exception of fishery products, and includes cotton;

“authorised person” means a person duly authorised by

the Director to carry out inspections and other functions with

a view to the attainment of the objectives of these regulations;

“crop nitrogen requirement” means the amount of

nitrogen fertiliser in kilograms (kg/Ha NO3) which it is

reasonable to apply to land in any year having regard to the

foreseeable nitrogen requirement of the crop growing or to

be grown on the land and the nitrogen supply to the crop

from the soil and from other sources, including any nitrogen

already present in the soil pool;

“Department” means the Directorate responsible for

agriculture;

“Director” means the Director of Agriculture or any

authorised officer duly appointed by him;

“farmer” means a natural or legal person, or a group of

natural or legal persons responsible for a holding and who

exercises an agricultural activity;

“fertiliser” means any substance containing a nitrogen

compound applied on land to enhance growth of vegetation;

“fertiliser plan” means a plan drawn up in terms of

regulation 4 of these regulations;

“holding” means all the production units managed by a

farmer;

“inorganic fertiliser” or “chemical fertiliser” means any

nitrogenous fertiliser which is manufactured by an industrial

process;

“land application” means the addition of materials

to land, whether by spreading on the surface of the land,

injection into the land, placing below the surface of the land

or mixing with the layers of the land;

“livestock” means all animals kept for use or profit;

“livestock manure” means waste products excreted by

livestock or a mixture of litter and waste products excreted by

livestock, even in processed form;

“organic fertiliser” means fertiliser which is obtained

from livestock manure or which may be otherwise derived

from organic matter;

“Nitrates Action Programme” means the programme

published by the Government in terms of regulations 5(b)

and 6 of the Protection of Waters against Pollution caused by

Nitrates from Agricultural Sources Regulations, 2001;

“Nutrient Management Plan” means a plan drawn up in

terms of regulation 10 of these regulations;

“slurry” means

(a) excreta, including any liquid fraction,

produced by livestock whilst in a yard or building, or

(b) a mixture consisting wholly of or containing

such excreta, bedding, feed residues, rainwater and

washings from a building or yard used by livestock,

dungsteads or manure heaps, high level slatted buildings

and weeping wall structures or any combination of

these, provided such excreta is present,

of a consistency that allows it to be pumped or discharged by

gravity at any stage in the handling process;

“year” means any period of 12 months ending with 31st

December.

R EGULATION 9(2)

P RODUCTION OF M ANURE

Livestock

N content in

Maximum rate of

manure

manure to be

applied (tons/ ha)*

Cattle

0.56%

Pig

0.81%

Layer

1.52%

Broiler

2.62%

Rabbit

0.83%

Sheep

0.90%

(1) These regulations shall apply to all agricultural Application and

activities taking place on any holding in Malta.

(2) Any action taken by any person to achieve

compliance with these regulations shall not preclude such person

from his obligations under any other legislation.

R EGULATION 10

N UTRIENT M ANAGEMENT P LAN

P ART A: P ROPERTY D ETAILS

This section identifies the property and the people responsible for the Nutrient

Management Plan and shall include

A compilation of all relevant contact details;

A statement regarding the holding areas – total, effective (i.e. in production or

fallow in preparation for production; exclude non-productive areas such as

pathways, buildings) and irrigated (if any);

A statement on the irrigation type(s);

A description on the enterprise types (Horticulture, Arable, Viticulture, Dairy,

Swine, etc.);

A statement of purpose of the plan.

Part B: Plan objectives, land management units and environmental risk

The Objectives of the Nutrient Management Plan shall include to

Comply with all legal requirements related to nutrient management activities.

Take all practicable steps to maintain or enhance the quality of the property’s

water resources.

Take all practicable steps to ensure that there is an adequate supply of soil

nutrients to meet plant needs.

To take all practicable steps to contain nutrients within the property boundaries.

Take all practicable steps to minimise the risk of nutrient contamination of any

areas of significant vegetation and/or wildlife habitat.

B

Undertake a nutrient budget.

If one chooses to reject or omit any of these, a justification shall be attached (e.g. a farm

map showing that there are no areas of significant vegetation or wildlife habitat).

Property Management Objectives

The section on Property Management Objectives shall

Indicate any further objectives the farmer or land manager may choose to

establish – e.g. objectives about achieving particular nutrient level targets or

objectives about farm practices such as soil testing.

Identify the ‘Land Management Units’ (LMU’s) for the holding, i.e. areas of the

holding that are under similar management and that will respond to management

in similar ways. One should consider such elements as soil types, slope,

management activities (e.g. dryland or irrigated, significantly different crop types,

areas receiving slurry) and differences in historical management.

If all of the farm is managed similarly and responds to that management in similar

ways, only one LMU is needed.

Contain a brief note distinguishing each LMU in the table and note the area it

covers.

Indicate such LMUs on a farm map attached to the NMP.

Contain a list of farm nutrient management activities and their possible

environmental consequences – e.g. nitrogen fertiliser use might lead to

contamination of surface or ground water. For each of these, there shall be

estimated the likelihood of adverse environmental effects and the consequences of

such events.

Consider the inherent risk caused by an activity, without discounting risks on the

basis that good management will overcome it.

Note any activities that have medium or higher likelihood of adverse

environmental effects and/or medium or higher consequences in the table of

environmental risks, and identify the LMU’s on which these will occur.

Include comments about the risks identified (e.g. regional concerns about farm

activities).

Identify the main nutrient management activities that will be addressed in the

planning.

o N Fertiliser Use

o P Fertiliser Use

o Effluent disposal

o Others

One may add further objectives, however management practices should then also reflect

these objectives and set out steps to achieve them.

Part C: Management guides

Describe the management planning for nitrogen fertiliser use, phosphate fertiliser

use and dairy effluent application.

Note the types of applicable fertiliser, application rates and locations where they

will be spread (LMU’s).

List any possible specific requirements pertaining to one’s holding or enterprise

on nutrient use or activity.

List any possible specific requirements by Local Council on nutrient use or

activity. These may include conditions that must be met for the activity to be a

‘permitted activity’ or conditions imposed as part of any resource consent held by

the farm for this nutrient management activity.

B

List the ‘Best Management Practices’ (BMPs) the holding shall implement to

reduce environmental risks from this activity.

It is not necessary to adopt all the possible BMPs for a particular risk or activity

but the practices chosen need to be suitable for managing the inherent risks

identified for the property.

For each BMP included, note how the farmer or land manager will check that they

are implemented (e.g. runoff control noted on a farm map).

Performing self-assessment

The farmer or the property manager shall complete a self-assessment on a yearly basis,

verifying that the management practices have achieved their objectives for that year. This

should entail

Verifying the achievement of nutrient management activity requirements.

Verifying the implementation of each management practice listed at the planning

stage.

Assessing the effects of the nutrient management activity overall.

Verifying that the code specific and property objectives were achieved.

Assessing the achievement of the objectives, whether met and/or were barely

achieved, or where the farmer or land manager was not satisfied with

performance.

If the objective is not achieved or partially achieved, amendments to the

management practice is required. Note the new management practice that will be

used, the person responsible for ensuring these are implemented and a deadline

for completion or introduction.

Establish a completion date whenever each new management practice is adopted.

The person responsible for the NMP (farmer or land manager) shall sign and date

the self-assessment.

Farm map

The person responsible for the NMP should ensure that there is at least one map attached

indicating the entire holding(s), showing the land management units or other distinctions

between management areas.

Extra maps may be added (e.g. to show areas receiving particular fertiliser types, to show

location of water courses or natural water sources etc).

Nutrient budgets and soil test results

The NMP shall establish nutrient budgets and contain soil test results. The NMP shall

ensure that there is at least one nutrient budget attached for each land

management unit. This is particularly relevant where significant environmental

risks have been identified from nutrient management activities.

The nutrient budget should use the planned nutrient inputs and the expected

production outputs from the area. If several fertiliser options were considered then

the nutrient budget should support the final choice.

Soil test results are important for establishing initial soil nutrient levels for

nutrient budgeting.

Further soil tests are useful checks on trends in soil fertility over time to compare

actual changes with those expected and planned.

€1.80

(1) Any farmer responsible for agricultural activities Fertiliser Plan.

taking place on a holding shall prepare, before the 1st March of

each year, a fertiliser plan in respect of such holding for that

particular year.

(2) The fertiliser plan required in terms of sub-

regulation (1) hereof shall determine the crop fertilisation

requirement for each crop type on each production unit of the

holding for that year and shall establish safe methods of land

application of fertiliser.

(3) The fertiliser plan shall

(a) indicate the area intended to be planted;

(b) indicate the type of crops to be planted and the

month when such crop will be planted;

(c) calculate the optimum amount of nitrogen fertiliser

required in relation to each crop on each production unit of the

holding for that year, taking into account the crop’s nutrient

requirements and the amount of nitrogen available from soil

and water based on adequate soil and water analysis; and

(d) include a Schedule of Fertilisation indicating

fertiliser types and quantities to be used.

(4) No fertiliser shall be applied to any crop in

that year prior to the preparation of a complete fertiliser plan as

required in terms of this regulation.

(1) The storage facilities for livestock manure for each

holding shall be of sufficient capacity to provide for the storage of

all the livestock manure produced on that holding between the 15th

October of a particular year and the 15th March of the following

(2) The livestock manure storage capacity of a holding,

shall be calculated by taking into account the following farming

practices

(a) the number, type and age of animals present on the

holding;

(b)

the quantity of livestock manure produced;

(c) waste solids removed from slurry other than pig

slurry by means of a slurry separator;

(d) any additional storage available off the holding

including by means of an agreement with another holding;

(e) any valid contract the holding possesses with a

manure processing facility.

(3) Livestock manure shall be stored in a leak-proof,

covered storage clamp which is connected to a cesspit.

(4) Cesspits shall be leak-proof, covered and shall be

of sufficient capacity to collect all urine and washings for at least

15 days.

(5) Cesspits and manure clamps shall be certified

leakproof by a warranted architect every five years, or following

any structural works within the holding or in its immediate vicinity.

(1) Livestock manure may be stored in the field where Manner

land application will take place subject to a maximum limit of 120

days between 16th of March to 14th of October if the dry matter

content is at least 30%.

(2) When stored in a field, livestock manure shall not

be stored in the same location of the field in consecutive years,

it shall be stored in a compact heap and such heaps shall not be

placed within

(a) 20m of water courses; or

(b) 30m of a borehole, spring or well; or

(c) 100m of a borehole used for a public water supply;

or

(d) 100m of the coast.

(1) The land application of organic fertiliser to any Period when land

holding shall not be permitted between 15 October of a particular is prohibited.

year and 15 March of the following year.

(2) The land application of inorganic fertiliser to any

holding shall not be permitted between 15 October of a particular

year and 15 March of the following year

Provided that the land application of inorganic fertiliser

may be permitted by the Director in the event of demonstrable crop

nitrogen requirement between those dates being notified by the

farmer to the Director, and accompanied by relevant proof

Provided further that the Director may, where deemed

reasonable owing to justified circumstances, permit the application

of inorganic fertiliser during such period, and shall notify such

decision in the Gazette.

(1) The land application of organic fertiliser shall not

be permitted when

(a) the land is sloping to a degree of 7% or greater,

taking into account factors such as proximity to watercourses,

soil condition, ground cover and rainfall, or there is a

significant risk of causing water pollution, unless incorporated

immediately after application; or

(b) the land is located or is in a manner which would

make it likely that the nitrogen fertiliser will directly enter a

watercourse or water contained in any underground strata.

(2) The land application of slurry shall not be

permitted.

(3) Without prejudice to the provisions of sub-

regulation (1) hereof, organic and inorganic fertilisers shall not be

applied

(a) to any type of natural water courses;

(b)

within a minimum distance of 5m of natural water

courses;

(c) within 5m of springs, galleries, gallery shafts,

boreholes and karst features;

(d) within 30m of any borehole used for public water

supply; or

(e) within 100m of the coast.

(4) The farmer shall ensure that all types of inorganic

and organic fertilisers are distributed uniformly on the field and

incorporated into the soil as soon as possible.

(1) The application of inorganic and organic fertilisers

shall be effected in accordance with the fertilisation plan taking

into consideration the balance between the foreseeable nitrogen

requirements of the crops and the nitrogen supply to the crops from

the soil and from fertilisation as specified in Schedule I to these

regulations.

(2) The amount of “total nitrogen” applied from

livestock manure, including excreta by the animals themselves,

shall not exceed 170 kg N/ha per year as specified in Schedule II to

these regulations.

(3) Inorganic and organic fertilisers shall only be

applied close to sowing and in a manner which permits of splitting

of fertiliser application whenever possible.

Holdings with an area greater than 1 hectare under Nutrient Management

irrigated cultivation shall have a Nutrient Management Plan drawn Plan.

up in terms of the provisions of Schedule III to these regulations.

All animal holdings and animal passageways shall be Farm management

suitably covered at all times.

(1) Farmers shall keep adequate and updated farm Farm management

management records, and shall make them readily available for

inspection to the Department upon request.

(2) Farm management records shall include the

following information, as applicable

(a) the farmer for the calendar year in question;

(b) the total agricultural area including the size and

location of each field;

(c) the cropping regimes and their individual areas;

(d) the number of livestock kept on the holding, their

species and type, and the length of time for which they were

kept on the holding;

(e) the capacity of livestock manure storage, and where

applicable the details of rented storage, livestock manure

production, manure separation, the details of any rental or

contractual agreement;

(f) the quantity of each type of fertiliser moved on or

off the holding, the amount of each type of fertiliser applied,

the nutrient content of the inorganic fertiliser, the location

used;

(g) the date of movement of organic fertiliser, the

name and address of the consignee, the consignor and any

third party transporter of the manure.

(3) Farm management records for a particular year

shall be completed by the 30th October of the following year and

shall be retained on the holding for a minimum period of five

years.

(1) Any person using organic or inorganic fertilisers

shall be registered with the Department.

(2) Any person who wishes to make use of organic or

inorganic fertilisers shall be required to attend a training course on

land application of fertiliser approved by the Director.

(3) The Department shall keep a register of farmers

and respective holdings making use of fertilisers and shall only

permit the use of fertilisers to such registered users who have

attended the course in terms of sub-regulation (2) hereof.

(4) All sales or deliveries of organic fertiliser shall be

covered by receipts or delivery notes.

(1) All importers, distributors and resellers of

fertilisers shall be registered with the Department.

(2) The sale or movement of livestock manure to

and from holdings shall be notified to the Department by the 30th

October of each year.

(3) The sales or purchase of organic and inorganic

fertiliser shall be recorded and notified to the Department by the

30th October of each year.

(4) The importation of inorganic or organic fertiliser

by farmers shall be notified to the Department by the 30th October

of each year.

(1) The Department shall be responsible for the full

implementation of the Nitrates Action Programme forming the

substance of these regulations.

(2) The Department shall draw up guidelines and

relevant manuals of procedure to ensure inter alia compliance with

these regulations.

The Department shall conduct the necessary Verification and

administrative checks, collection of data, verification of records

and on-the-spot checks on the holding to ensure compliance with

these regulations.

(1) The farmer shall permit any authorised Inspections.

person/s, at all reasonable times, for the purpose of monitoring

the implementation of these regulations or of assessing their

effectiveness in reducing water pollution caused or induced by

nitrates from agricultural sources and preventing further pollution

(a) to enter upon land;

(b) to take samples;

(c) to install and maintain equipment;

(d) to examine all records kept under these regulations.

(2) The farmer shall provide all reasonable assistance

to any authorised person acting in terms sub-regulation (1) hereof

and in particular shall

(a) produce for inspection such document or record as

may be reasonably required by such authorised person; and

(b) at the reasonable request of such authorised person,

accompany that person in making any inspection of any land.

The Department shall draw up and maintain a National

Nitrates Database containing the following information

a)

registered farmers making use of fertilisers;

b) information concerning the holdings pertaining to

the farmers;

c) information concerning livestock buildings and

storage facilities on a holding, including a link with the

National Livestock Database;

d)

information concerning land management practices;

e) information concerning the landscape including the

presence of any karstic features and natural topography, soil

types, water sources and water courses;

f) information concerning the sale and movement of

livestock manure;

g) data concerning the sales and purchases of inorganic

fertilisers;

h) information on checks conducted by other

authorities;

i) findings of monitoring and controls;

j) list of Advisors and technical experts;

k) list of manure transporters.

(1) Where the Department believes that the farmer

has contravened any of these regulations, the Director may serve

an enforcement notice on such farmer in accordance with sub-

regulation (2) hereof.

(2) An enforcement notice served upon a farmer in

terms of sub-regulation (1) hereof shall

(a) require the farmer upon whom it is served to carry

out such works or to take such steps as the Director may

determine in order to remedy, or to prevent the continuation

or repetition of, any contravention to which the enforcement

notice relates;

(b) state the period within which any such requirement

is to be complied with; and

(c) inform the farmer on whom it is served, of any right

of appeal under these regulations.

(3) The period stated in the enforcement notice for

compliance with any such requirement shall be such period as

is reasonable in the circumstances and shall not in any case be a

period of fewer than 28 days.

(4) The Department may at any time

(a) withdraw the enforcement notice;

(b) extend the period for compliance with any

requirement of the enforcement notice; or

(c) modify the requirements of the enforcement notice.

Any decision of the Department or the Director shall

be subject to review by the Administrative Review Tribunal

established by article 5(1) of the Administrative Justice Act.

(1) Any person who

(a) fails to comply with any provision of these

regulations or of any lawful order given by virtue of these

regulations;

(b) fails to comply with an enforcement notice duly

served in terms of regulation 19;

(c) contravenes any restrictions, prohibition, or

requirement imposed by or under these regulations;

(d) acts in contravention of any of the provisions of

these regulations; or

(e) conspires or attempts, or aids, or abets, any

other person by whatever means, including advertising,

counseling or procurement to contravene the provisions

of these regulations or to fail to comply with any such

provision, including any order lawfully given in terms of any

of the provisions of these regulations, or to contravene any

restriction, prohibition, or requirement imposed by or under

the said regulations,

shall be guilty of an offence against these regulations.

(2) Any person found guilty of an offence against

these regulations shall, on conviction, be liable

(a) in the case of a first conviction to a fine (multa) of

not less than eight hundred euro (€800.00) but not exceeding

one thousand and seven hundred euro (€1,700.00) for each

individual offence;

(b) in the case of a second or subsequent convictions,

to a fine (multa) of not less than two thousand five hundred

euro (€2,500.00) but not exceeding ten thousand euro

(€10,000.00) or to imprisonment for a term not exceeding

two years, or to both such fine and imprisonment

Provided that whenever any person is found guilty

of committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, is held

liable in the same manner and degree

Provided further that the Court shall order any person

who has been found guilty of committing an offence against

these regulations to pay for the expenses incurred by the public

entities and, or other persons acting on their behalf involved

in the implementation of these regulations and restitution of the

environment as a result of the said offence, the revocation of any

permit or licence and the confiscation of the corpus delicti.

(3) The Court shall order the offender to remove the

causes of the offence and to undo anything which was done without

a permit within a time sufficient for the purpose, but in any case

not exceeding three months from the date of judgement, to be fixed

by the Court; and, if the offender fails to comply with any such

order within the time so fixed, he shall be liable to a fine (multa) of

not less than fifty-eight euro and twenty-three cents (€58.23) and

not more than one hundred and sixteen euro and forty-seven cents

(€116.47), as the Court may fix, for every day that the default

continues after the expiration of the said time.

(1) The provisions of articles 23 and 30(1) of the

Criminal Code shall, mutatis mutandis, apply to proceedings,

in respect of offences against these regulations, so however that

the disqualification from holding or obtain a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provision of article 370 of the

Criminal Code, proceedings for an offence against these regulations

shall be taken before the Court of Magistrates (Malta) or the

Court of Magistrates (Gozo), as the case may be, and shall be in

accordance with the provisions of the Criminal Code regulating the

procedure before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal

Code the Attorney General shall always have a right of appeal

to the Court of Criminal Appeal from any judgment given by the

Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in

respect of proceedings for any offence against these regulations.

B