PROTECTION OF WATERS AGAINST POLLUTION CAUSED BY NITRATES FROM AGRICULTURAL SOURCES REGULATIONS

SUBSIDIARY LEGISLATION 549.25

PROTECTION OF WATERS AGAINST

POLLUTION CAUSED BY NITRATES FROM

AGRICULTURAL SOURCES REGULATIONS

14th January, 2003

LEGAL NOTICE 343 of 2001, as amended by Legal Notices 233 of 2004,

426 of 2007 and 78 of 2013.

The title of these regulations is the Protection of Waters

against Pollution caused by Nitrates from Agricultural Sources

Regulations.

These regulations have the objective of reducing water

pollution caused or induced by nitrates from agricultural sources

and preventing further such pollution.

For the purpose of these regulations and unless the context

otherwise requires

"chemical fertilizer" means any fertilizer which is manufactured

by an industrial process;

"competent authority" means the Department for Environment

Protection under the guidance of the Director for Environment

Protection and such other body or person as the Minister

responsible for the environment may by order in the Gazette

prescribe and different bodies or persons may be designated as the

competent authority for different provisions and different purposes

of these regulations;

"eutrophication" means the enrichment of water by nitrogen

compounds, causing an accelerated growth of algae and higher

forms of plant life to produce an undesirable disturbance to the

balance of organisms present in the water and to the quality of the

water concerned;

"fertilizer" means any substance containing a nitrogen compound

or nitrogen compounds utilized on land to enhance growth of

vegetation; it may include livestock manure, the residues from fish

farms and sewage sludge;

"freshwater" means naturally occurring water having a low

concentration of salts, which is often acceptable as suitable for

abstraction and treatment to produce drinking water;

"groundwater" means all water which is below the surface of the

ground in the saturation zone and in direct contact with the ground

or subsoil;

"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

surface layers of the land;

"livestock" means all animals kept for use or profits;

"livestock manure" means waste products excreted by livestock

or a mixture of litter and waste products excreted by livestock, even

in processed form;

"nitrogen compound" means any nitrogen-containing substance

except for gaseous molecular nitrogen;

"pollution" means the discharge, directly or indirectly, of

nitrogen compounds from agricultural sources into the aquatic

environment, the results of which are such as to cause hazards to

human health, harm to living resources and to aquatic ecosystems,

damage to amenities or interference with other legitimate uses of

water;

"vulnerable zone" means an area of land designated according to

regulation 4(2).

(1) The competent authority shall identify waters affected

by pollution and waters which could be affected by pollution if

action pursuant to regulation 6 is not taken in accordance with the

criteria set out in Annex I.

(2) The competent authority shall designate as a vulnerable

zone all known areas of land in Malta which drain into the waters

identified according to subregulation (1) and which contribute to

pollution.

(3) The competent authority shall review if necessary revise or

add to the designation of vulnerable zones as appropriate, and at

least every four years, to take into account changes and factors

unforeseen at the time of the previous designation.

(4) The competent authority shall be exempt from the

obligation to identify specific vulnerable zones, if they establish

and apply action programmes referred to in regulation 6 in

accordance with these regulations.

The competent authority shall, with the aim of providing

for all waters a general level of protection against pollution

(a) establish a code or codes of good agricultural practice,

to be implemented by farmers on a voluntary basis,

which should contain provisions covering at least the

items mentioned in Annex II A;

(b) set up where necessary a programme, including the

provision of training and information for farmers,

promoting the application of the code(s) of good

agricultural practice.

(1) The competent authority shall, following the initial

designation referred to in regulation 4(2) or within one year of each

additional designation referred to in regulation 4(4), for the

purpose of realizing the objectives specified in regulation 2,

establish action programmes in respect of designated vulnerable

zones.

(2) The competent authority shall ensure that an action

programme may relate to all vulnerable zones in the territory or,

where the competent authority considers it appropriate, different

programmes may be established for different vulnerable zones or

parts of zones.

(3)

Action programmes shall take into account

(a) available scientific and technical data, mainly with

reference to respective nitrogen contributions

originating from agricultural and other sources;

(b) environmental conditions in the relevant regions of the

competent authority concerned.

(4) Action programmes shall be implemented within four years

of their establishment and shall consist of the following mandatory

measures

(a) the measures in Annex III;

(b) those measures which the competent authority have

prescribed in the code(s) of good agricultural practice

established in accordance with regulation 5, except

those which have been superseded by the measures in

Annex III.

(5) The competent authority shall moreover take, in the

framework of the action programmes, such additional measures or

reinforced actions as it considers necessary if, at the outset or in the

light of experience gained in implementing the action programmes,

it appears to the competent authority that the measures referred to

in subregulation (4) will not be sufficient for achieving the

objectives specified in regulation 2. In selecting these measures or

actions, the competent authority shall take into account their

effectiveness and their cost relative to other possible preventive

measures.

(6) The competent authority shall draw up and implement

monitoring programmes to assess the effectiveness of action

programmes established pursuant to this regulation

Provided that if the competent authority applies this

regulation, the competent authority shall monitor the nitrate content

of waters (surface waters and groundwater) at selected measuring

points which make it possible to establish the extent of nitrate

pollution in the waters from agricultural sources.

(7) The competent authority shall review and if necessary

revise the action programmes, including any additional measures

taken pursuant to subregulation (5), at least every four years.

(8) The Nitrates Action Programme, as revised from time to time,

shall be published in the Gazette.

(1) For the purpose of designating and revising the

designation of vulnerable zones, the competent authority shall

(a) monitor the nitrate concentration in freshwaters over a

period of one year

(i)

at surface water sampling stations, and, or at

other sampling stations which are representative

of surface waters, at least monthly and more

frequently during flood periods;

PROTECTION OF WATERS AGAINST POLLUTION

CAUSED BY NITRATES FROM AGRICULTURAL SOURCES

(ii) at sampling stations which are representative of

the groundwater aquifers, at regular intervals;

(b) repeat the monitoring programme outlined in

paragraph (a) at least every four years, except for

those sampling stations where the nitrate concentration

in all previous samples has been below 25 mg/l and no

new factor likely to increase the nitrate content has

appeared, in which case the monitoring programme

need be repeated only every eight years;

(c) review the eutrophic state of their fresh surface waters,

estuarial and coastal waters every four years.

(2) The reference methods of measurement set out in Annex IV

shall be used.

The competent authority may publish guidelines for the

monitoring referred to in regulations 6 and 7 which may be drawn

up in accordance with the procedure laid down in regulation 10.

The Annexes to these regulations may be adapted to

include scientific and technical progress.

The competent authority, in respect of the four-year period

following the coming into force of these regulations and in respect

of each subsequent four-year period, shall publish a report

containing the information outlined in Annex V

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any order lawfully given in

terms of any provisions of these regulations; or

(b) he contravenes any restrictions, prohibition or

requirement imposed by or under these regulations; or

(c) he conspires or attempt, 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 order lawfully given in terms of any of the

provisions of these regulation, or to contravene any

restriction, prohibition or requirement imposed by or

under the said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69) but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

(b) on a second or subsequent conviction, to a fine (multa)

of not less than two thousand and three hundred and

twenty-nine euro and thirty-seven cents (€2,329.37),

but not exceeding four thousand and six hundred and

fifty-eight euro and seventy-five cents (€4,658.75) or

to imprisonment for a term not exceeding two years, or

to both such fine and imprisonment

Provided 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 the permit issued by the Police

and the confiscation of the corpus delicti.

(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 provisions of article 370 of the

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

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 judgement given by the Court of

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

of proceedings for any offence against these regulations.

The Annexes to these regulations are being published in

the English language with the English text of these regulations.

ANNEX I

CRITERIA FOR IDENTIFYING WATERS REFERRED TO IN REGULATION 4(1)

Waters referred to in regulation 4(1) shall be identified making use, inter

alia, of the following criteria

1. whether surface freshwaters, in particular those used or intended for the

abstraction of drinking water, contain or could contain, if action

pursuant to regulation 6 is not taken, more than the concentration of

nitrates laid down in accordance with the Quality of Surface Water

Intended for the Abstraction of Drinking Water Regulations;

2. whether groundwaters contain more than 50 mg/l nitrates or could

contain more than 50 mg/l nitrates if action pursuant to regulation 6 is

not taken;

3. whether natural freshwater lakes, other freshwater bodies, estuaries,

coastal waters and marine waters are found to be eutrophic or in the

near future may become euthropic if action pursuant to regulation 6 is

not taken.

In applying these criteria, the competent authority shall also take account of

1. the physical and environmental characteristics of the waters and land;

2. the current understanding of the behaviour of nitrogen compounds in

the environment (water and soil);

3. the current understanding of the impact of the action taken pursuant to

regulation 6.

ANNEX II

CODE(S) OF GOOD AGRICULTURAL PRACTICE

A code or codes of good agricultural practice with the objective of reducing

pollution by nitrates and taking account of conditions in the different regions of the

Community should certain provisions covering the following items, in so far as they

are relevant

1. periods when the land application of fertilizer is inappropriate;

2. the land application of fertilizer to steeply sloping ground;

3. the land application of fertilizer to water-saturated, flooded, frozen or

snow-covered ground;

4. the conditions for land application of fertilizer near water courses;

5. the capacity and construction of storage vessels for livestock manures,

including measures to prevent water pollution by run-off and seepage

into the groundwater and surface water of liquids containing livestock

manures and effluents from stored plant materials such as silage;

6. procedures for the land application, including rate and uniformity of

spreading, of both chemical fertilizer and livestock manure, that will

maintain nutrient losses to water at an acceptable level.

The competent authority may also include in their code(s) of good

agricultural practices the following items

PROTECTION OF WATERS AGAINST POLLUTION

CAUSED BY NITRATES FROM AGRICULTURAL SOURCES

7. land use management, including the use of crop rotation systems and the

proportion of the land area devoted to permanent crops relative to

annual tillage crops;

8. the maintenance of a minimum quantity of vegetation cover during

(rainy) periods that will take up the nitrogen from the soil that could

otherwise cause nitrate pollution of water;

9. the establishment of fertilizer plans on a farm-by-farm basis and the

keeping of records on fertilizer use;

10. the prevention of water pollution from run-off and the downward water

movement beyond the reach of crop roots in irrigation systems.

ANNEX III

MEASURES TO BE INCLUDED IN ACTION PROGRAMMES

AS REFERRED TO IN REGULATION 6(4)(a)

1. The measures shall include rules relating to

(1)

periods when the land application of certain types of fertilizer is prohibited;

(2) the capacity of storage vessels for livestock manure; this capacity must

exceed that required for storage throughout the longest period during which land

application in the vulnerable zone is prohibited, except where it can be demonstrated

to the competent authority that any quantity of manure in excess of the actual storage

capacity will be disposed of in a manner which will not cause harm to the

environment;

(3) limitation of the land application of fertilizers, consistent with good

agricultural practice and taking into account the characteristics of the vulnerable

zone concerned, in particular

(a) soil conditions, soil type and slope;

(b) climatic conditions, rainfall and irrigation;

(c) land use and agricultural practices, including crop rotation systems;

and to be based on a balance between

(i) the foreseeable nitrogen requirements of the crops, and

(ii) the nitrogen supply to the crops from the soil and from

fertilization corresponding to

- the amount of nitrogen present in the soil at the moment when

the crop starts to use it to a significant degree (outstanding

amounts at the end of winter),

- the supply of nitrogen through the net mineralization of the

reserves of organic nitrogen in the soil,

- additions of nitrogen compounds from livestock manure,

- additions of nitrogen compounds from chemical and other

fertilizers.

2. These measures will ensure that, for each farm or livestock unit, the amount

of livestock manure applied to the land each year, including by the animals

themselves, shall not exceed a specified amount per hectare.

The specified amount per hectare be the amount of manure containing 170

However

(a) regulation for the first four year action programme the competent

authority may allow an amount of manure containing up to 210 kg N;

(b) regulation during and after the first four-year action programme, the

competent authority may fix different amounts from those referred to

above. These amounts must be fixed so as not to prejudice the

achievement of the objectives specified in regulation 2 and must be

justified on the basis of objectives criteria, for example

-

long growing seasons,

-

crops with high nitrogen uptake,

-

high net precipitation in the vulnerable zone,

-

soils with exceptionally high denitrification capacity.

3. The competent authority may calculate the amounts referred to in paragraph

2 on the basis of animal numbers.

ANNEX IV

REFERENCE METHODS OF MEASUREMENT

Chemical fertilizer

Nitrogen compounds shall be measured using a method which is acceptable to the

competent authority.

Freshwaters, coastal waters and marine waters

Nitrate concentration shall be measured in accordance with the exchange of

information on the Quality of Surface Fresh Water Regulations.

ANNEX V

INFORMATION TO BE CONTAINED IN REPORTS TO IN REGULATION 10

1. A statement of the preventive action taken pursuant to regulation 5.

2. A map showing the following

(a) waters identified in accordance with regulation 4(1) and Annex I

indicating for each water which of the criteria in Annex I was used for

the purpose of identification;

(b) the location of the designed vulnerable zones, distinguishing between

existing zones and zones designated since the previous report.

3. A summary of the monitoring results obtained pursuant to regulation 7,

including a statement of the considerations which led to the designation of each

vulnerable zone and to any revision of or addition to designations of vulnerable

4. A summary of the action programmes drawn up pursuant to regulation 6 and,

in particular

PROTECTION OF WATERS AGAINST POLLUTION

CAUSED BY NITRATES FROM AGRICULTURAL SOURCES

(a) the measures required by regulation 6(4)(a) and (b);

(b) the information required by Annex III (4);

(c) any additional measures or reinforced actions taken pursuant to

regulation 6(5);

(d) a summary of the results of the monitoring programmes implemented

pursuant to regulation 6(6);

(e) the assumptions made by the competent authority about the likely

timescale within which the waters identified in accordance with

regulation 4(1) are expected to respond to the measure in the action

programme, along with an indication of the level of uncertainty

incorporated in these assumptions.

ANNEX VI

Added by

L.N. 233 of 2004.

All of Malta shall be one entire Nitrate Vulnerable Zone.