94 tal-2015 - Regolamenti tal-2015 li jemendaw ir-Regolamenti dwar Programm ta’ Azzjoni dwar in-Nitrati (scheduleiib)

L.N. 94 of 2015

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Nitrates Action Programme (Amendment) Regulations, 2015

BY VIRTUE of the powers conferred by articles 61 and 62 of

the Environment and Development Planning Act, the Minister for

Sustainable Development, the Environment and Climate Change,

after consultation with the Malta Environment and Planning

Authority, has made the following regulations:-

The title of these regulations is the Nitrates Action

Programme (Amendment) Regulations, 2015 and these regulations

shall be read and construed as one with the Nitrates Action

Programme Regulations, hereinafter referred to as "the principal

regulations".

[Regulation 9(2)]

PRODUCTION OF MANURE

With Nitrogen Content equal or above 1%

Nitrogen content

Maximum rate of manure

Manure Type

in manure

to be applied (tons/ha)

Layer

1.52%

Broiler

2.62%

Horse

4.8%

3.54

Spent mushroom

2.1%

8.09".

Regulation 2 of the the principal regulations shall be

amended as follows

(a)

immediately after the definition "crop nitrogen

requirement" there shall be added the following new

definition

"deep litter system" means an animal housing

system whereby repeated layers of straw, sawdust or other

dry similar materials are spread for the animals to use as

bedding and to defecate in. As the litter is soiled, new

layers of litter are continuously added by the farmer;";

(b)

immediately after the definition "livestock

manure" there shall be added the following new definition

"livestock unit" means a value quantifying amount

of livestock in relation to production of manure;"; and

(c)

the definition "slurry" shall be substituted by the

following

"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 and containing a liquid

fraction greater than 70% and a solid fraction which is less

than 30%;".

Immediately after regulation 3(2) of the principal Amends

regulation 3 of

regulations there shall be added the following new sub-regulations

the principal

regulations.

"(3)

Production units of bovines, swine, ovines,

caprines and rabbits, (falling under Schedule IIA having

Nitrogen content below 1%) managed by a single farmer having

an animal population equivalent or lower than the animal

populations listed in Schedule IV but in any case less than 3

livestock units shall be exempted from the obligations in

regulations 5, 11, and 12.

(4)

Production units of layer hens and broilers, (falling

under Schedule IIB having Nitrogen content above 1%)

managed by a single farmer having an animal population

equivalent or lower than the animal populations listed in

Schedule IV but in any case equivalent to 1 livestock unit shall

be exempted from the obligations in sub-regulations 5, 11, and

12

Provided that where the Director has reason to

believe that in a particular case effective waste management is

not guaranteed this shall not apply.

(5)

Farmers having one half (0.5) of a Tumolo of

agricultural land shall be exempted from the obligations in

regulations 4 and 12

Provided that where the Director has reason to

believe that any agricultural land is being used abusively, the

restriction shall not apply.".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be substituted by

the following

"(1) Any farmer responsible for agricultural

activities taking place on a holding shall prepare a fertilizer

plan, in respect of such holding for that particular year,

which satisfies the following conditions

(a) a fertilizer plan is valid if the crop plan is

not altered for a maximum period of three (3) years,

alterations to the crop must be considered and

fertilizer plan updated accordingly throughout the

three years;

(b) a soil test which is to be used as the basis

for the calculation of the fertilizer plan must be

performed every three (3) years;

(c) a fertiliser plan shall be compiled by a

qualified technical advisor as may be approved by

the Director who will also retain a public register of

such persons which shall be published on an annual

basis. Such approved qualified technical advisor

shall

(i) notify the Director by the end of

each calender year his intention to provide

such service the following year; and

(ii) submit a copy of any fertiliser plans

prepared on behalf of farmers to the Director

as may be directed from time to time;

(d) the fertiliser plan shall be kept at the holding

and should be presented for inspection as necessary

together with the relevant soil test and crop plan.";

(b)

immediately after sub-regulation (4) thereof shall

be added the following new sub-regulation

"(5) Crop plan must be compiled irrespective if

person applied fertilizer or not.".

Immediately after regulation 5(5) of the principal

regulations there shall be added the following new sub-regulations

Deep litter systems may be used for bovines and

caprines subject to approval by the Veterinary Services.

(7)

The Director may, where he deems fit, approve the

establishment of communal clamps for horse stables.".

Immediately after regulation 6(2) of the principal Amends

regulation 6 of

regulations there shall be added the following new sub-regulation

the principal

regulations.

"(3) Livestock manure must be solid enough to be

carried by a pitch fork or a spade, and retain shape when applied

on a flat surface.".

In regulation 7(2) of the principal regulations, the words Amends

"decision in the Gazette." shall be substituted by the words "decision regulation

the principal

in the Gazette:" and immediately thereafter there shall be added the regulations.

following new proviso

"Provided that the application of inorganic and organic

fertiliser shall be permitted in closed systems with a concrete

platform if the location in question conforms to the distance

requirements in regulation 8(3).".

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a)

sub-regulation (1)(b) thereof shall be substituted by

the following

"(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 any underground water

body; or"; and

(b) sub-regulation (2) thereof shall be substituted

by the following

"(2) The land application of slurry shall be

prohibited.".

Regulation 9(2) of the principal regulations shall be Amends

regulation 9 of

substituted by the following new sub-regulation

the principal

regulations.

"(2)

The amount of "total nitrogen" applied from

manure, including excreta by the animals themselves, shall not

exceed 170 kg N/ha per year as specified in Schedules IIA and

IIB.".

Regulation 10 of the principal regulations shall be Sustitutes

regulation 10 of

substituted by the following

the principal

regulations.

"10. Holdings with a continuous area greater than one

(1) hectare under irrigated cultivation shall have a Nutrient

Management Plan drawn up in terms of the provisions of

Schedule III.".

Regulation 14 of the principal regulations shall be

amended as follows

(a)

sub-regulation (2) thereof shall be substituted by

the following

"(2) The sale or movement of livestock manure to

and from holdings shall be adequately recorded and such

records retained as part of the Farm Management Records

detailed in regulation 12(2); such records shall be made

available for inspection as necessary.";

(b)

sub-regulation (3) thereof shall be substituted by

the following

"(3) The sales and purchase of organic and

inorganic fertiliser shall be adequately recorded and such

records retained as part of the Farm Management Records

detailed in regulation 12(2); such records shall be made

available for inspection as necessary."; and

(c)

sub-regulation (4) shall be deleted.

Immediately after regulation 15(2) there shall be added the

following new sub-regulation

"(3)

Cases of breach identified that do not pertain to

agricultural land holdings will be referred to the Public Health

and Environmental Directorates.".

Immediately after the table in Schedule I of the principal

regulations there shall be added the following new table

"Plant Nutrient Requirements

PLANT NUTRIENT REQUIREMENTS FOR

FLOWERING PLANTS

Number of

Crop Type

Nitrogen

Phosphorus

Potassium

Flowers

Kg N/ha

kg P2O5/ha

Kg K2O/ha

Chrysanthemum

400,000

1,960

60,000

55.80

200,000

200,000

200,000

1,000

1,300

150,000

94.50

Lillium

200,000

Rose

60,000

380.57

488.33

540.94".

Schedule II of the principal regulations shall be substituted Substitutes

Schedule II of

by the following two new Schedules

the principal

regulations.

"SCHEDULE IIA

[Regulation 9(2)]

PRODUCTION OF MANURE

With Nitrogen Content below 1%

Nitrogen content

Maximum rate of manure

Manure Type

in manure

to be applied (tons/ha)

Cattle

0.56%

0.81%

Rabbit

0.83%

Sheep

0.90%

Immediately after Schedule III of the principal regulations

there shall be added the following new Schedule

"SCHEDULE IV

[Regulation 4(3)]

NUMBER OF ANIMALS THAT CAN BE KEPT UP TO THE

ESTABLISHED THRESHOLD

Equivalence

Permissible number Equivalent

Livestock

Age

to Livestock

of heads as per

number of

Unit (LSU)

regulation 3(3)

LSU

Bovines [ideally

Over 2 years

1.0

Up to 3

males only]

Swine

Sow with litter to

1.1

Up to 2

2.2

finish [slaughter]

[if at all]

Ovines

/

From 1 month

0.15

Up to 5

0.75

Caprines

and over.

Layer hens

0.01

Up to 100

Broilers

0.005

Up to 100

0.5

Rabbits

producing does

0.01

Up to 25

0.25".

€0.63