NITRATES ACTION PROGRAMME REGULATIONS

SUBSIDIARY LEGISLATION 549.66

NITRATES ACTION PROGRAMME REGULATIONS

5th August, 2011

LEGAL NOTICE 321 of 2011, as amended by Legal Notices 77 of 2013,

94 of 2015 and 104 of 2018.

(1) The title of these regulations is the Nitrates Action

Programme Regulations.

(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.

Amended by

L.N. 94 of 2015.

Regulation 9(1)

PLANT NUTRIENT REQUIREMENTS

Crop Type

Yield

Nitrogen

Phosphorus

Potassium

(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

Dill

Cucumber

Watermelon

French bean

Eggplant

Melon

Pepper

NITRATES ACTION PROGRAMME

Crop Type

Yield

Nitrogen

Phosphorus

Potassium

(t/ha)

Kg N/ha

kg P 2 O 5 /ha

Kg K 2 O/ha

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

PLANT NUTRIENT REQUIREMENTS

FOR FLOWERING PLANTS

Crop Type

Number

Nitrogen

Phosphorus

Potassium

of flowers

Kg N/ha

kg P 2 O 5 /ha

Kg K 2 O/ha

Chrysanthemum

400,000

1,960

Gerbera

60,000

55.80

Carnations

200,000

Fresia

200,000

Tulips

200,000

1,000

1,300

Gladiolus

150,000

94.50

Lillium

200,000

NITRATES ACTION PROGRAMME

Crop Type

Number

Nitrogen

Phosphorus

Potassium

of flowers

Kg N/ha

kg P 2 O 5 /ha

Kg K 2 O/ha

60,000

380.57

488.33

540.94

For the purposes of these regulations and unless the

context otherwise requires

"the Act" means the Environment Protection 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 Tr e a ty e s t a bl ish in g t he E ur op e a n Co mm un it y, wit h th e

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;

"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;

"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;

farm structure" means buildings used for the rearing or breeding of

animals/livestock for agricultural production and shall exclude fields;

"fertiliser" means any substance containing a nitrogen compound

applied on land to enhance growth of vegetation

Provided that any substance containing a nitrogen compound

with a content of Nitrogen of 0.05% or less confirmed by a Nitrogen

Test shall not be deemed to be a fertiliser for the purposes of these

regulations.

"fertiliser plan" means a plan drawn up in terms of regulation 4;

"holding" means all the production units managed by a farmer;

" i n o rg a n i c f er t i l i s e r " o r " c he m i c a l f e r t i l is e r " m e a n s an y

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;

"livestock unit" means a value quantifying amount of livestock

in relation to production of manure;

"organic fertiliser" means fertiliser which is obtained directly from

livestock manure or which may be otherwise derived from organic

matter with a Nitrogen content above 0.05% as confirmed by a

Nitrogen Test;

"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;

"Nitrogen Test" means a test to determine the nitrogen content

present carried out in accordance with the Kjeldahl method EN 13654-

1 for Soil Improvers and Growing Media by an accredited body

recognised by the Director;

"Nutrient Management Plan" means a plan drawn up in terms of

regulation 10;

"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%;

"soil improver/soil conditioner" means a carbon rich substance

containing a nitrogen compound with a content of Nitrogen equal to

or less than 0.05% as confirmed by a Nitrogen Test, applied on land

to enhance and improve the soil organic matter content;

"year" means any period of twelve months ending with 31st

December.

(1)

The administration and implementation of these

regulations shall be vested in the Department.

(2)

The Department shall adopt administrative procedures as

it deems fit to ensure that the provisions of these regulations are being

adhered to.

(3)

In cases where the Director has reason to believe that any

of these regulations have been breached, he shall have the power to

take action against any person whether registered in terms of these

regulations or not.

Substituted by

L.N. 94 of 2015.

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)

0.56%

0.81%

0.83%

0.90%

(1) These regulations shall apply to all agricultural

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.

(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

Provided that these are housed within the farm structure and/or

its adjoining enclosure/s which shall consist of a yard.

(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 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

Provided further that these are housed within the farm

structure and/or its adjoining enclosure/s which shall consist of a yard.

(5) Farmers having one half (0.5) of a tumolo of agricultural

land or less, shall be exempted from the obligations in regulations 4

and 12

Provided that where the Director has reason to believe that any

farmer is using any of his agricultural land and, or holding abusively,

the exemption shall not apply.

(6) Livestock farmers rearing certified organic animals in terms

of the Organic Production and Labelling of Organic Products

Regulations shall be exempted from the obligations in regulations

5, 7, 8 and 11 and may keep such livestock in fields which have

been certified by the competent authority in terms of the said

regulations, as organic

Provided that the number of livestock that may be kept must

not exceed the number of animals indicated in Annex IV to

Commission Regulation (EC) 889/2008 of 5 September 2008 laying

down detailed rules for the implementation of Council Regulation

(EC) No 834/2007 on organic production and labelling of organic

products with regard to organic production, labelling and control and

any subsequent amendments thereto.

(7) Organic fertilisers not included in Schedules IIA and IIB are to

have their Nitrogen content analysed and established by means of a

Nitrogen Test and such results shall be incorporated in the fertiliser

plan.

[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)

1.52%

2.62%

4.8%

3.54

Spent mushroom

2.1%

8.09

(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.

(2) The fertiliser plan required in terms of subregulation (1)

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.

(5) Crop plan must be compiled irrespective if person applied

fertilizer or not.

Regulation 10

NUTRIENT MANAGEMENT PLAN

Part A: Property Details

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.

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

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.

NITRATES ACTION PROGRAMME

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.

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

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) 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

year.

(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

fifteen 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.

(6) Deep litter systems may be used for ovines 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.

L.N. 94 of 2015;

Regulation 3(3) and Regulation 3(4)

L.N.104 of 2018.

NUMBER OF ANIMALS THAT CAN BE KEPT

UP TO THE ESTABLISHED THRESHOLD

Livestock

Age

Equivalence

Permissible

Equivalent

to Livestock

number of

number of

Unit (LSU)

heads as per

LSU

regulation 3(3)

Bovines [males and/ Up to 2 years 1.0

Up to 3

or castrates only]

Sow

w i t h 1.1

Up to 2

2.2

litter to finish

[slaughter]

Ovines / Caprines From 1 month 0.15

Up to 20

0.75

and over

Layer hens

0.01

Up to 100

NITRATES ACTION PROGRAMME

Broilers

0.005

Up to 100

0.5

Rabbits

producing

0.01

Up to 25

0.25

does

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

application will take place subject to a maximum limit of one

hundred and twenty 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.

(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.

(1) The land application of organic fertiliser to any holding

shall not be permitted between 15 October of a particular 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

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).

(1) The land application of organic and inorganic fertiliser

shall not be permitted when

(a) the surface of the field sloping to a degree of 7% or

greater, taking into account factors such as proximity to

watercourses, soil condition, ground cover and rainfall,

or if there is a significant risk of causing water pollution;

(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

(c) the land is water saturated or flooded and such

prohibition shall remain in force until such land remains

saturated or flooded.

(2)

The land application of slurry shall be prohibited.

(3)

Without prejudice to the provisions of subregulation (1),

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.

(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.

(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.

(1)Holdings producing soil improver/soil conditioner shall

apply to the Director for approval prior to each movement from the

holding of such soil improver/soil conditioner.

(2)

Applicants who apply in terms of sub-regulation (1) shall

for each movement

(a)

carry out Nitrogen Tests to confirm the nitrogen

content and submit the results thereof to the Director

Provided that the expenses related to such tests

shall be borne by the holding.

(b)

submit to the Director for his approval a

contingency plan which clearly indicates the alternative

disposal solutions in the event that the soil improver/soil

conditioner no longer meets the ≤0.05 % Nitrogen threshold.

(3)

The Director may carry out an inspection on the holding

where samples may be taken for testing prior to giving a decision in

terms of sub-regulation (1).

(4) Holdings producing soil improver/soil conditioner shall be

exempted from regulations 4, 5, 6, 7, 8 and 9 of these regulations.

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.

All animal holdings and animal passageways shall be

suitably covered at all times.

(1) Farmers shall keep adequate and updated farm

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 responsible for agricultural land and/

or holdings shall register as such with the Department.

(2)

In cases where a person applies to register in terms of

sub-regulation (1) on an agricultural land and/or holdings which is/are

already registered on another person, the Director shall refrain from

registering the second person until the matter is definitely resolved

Provided that in such cases the Director shall request

from the persons claiming to be responsible for the land and/or

holdings to indicate by means of a declaration made by a notary

public, the title under which they are holding the land, with a view to

resolving the matter

Provided further that if the matter is not resolved, the

dispute regarding who is responsible for the agricultural land and/or

holdings shall be settled by the persons themselves by arbitration.

(3) In cases of agricultural land and/or holdings that remain

unregistered, the Director may avail of any available information from

other relevant authorities in an effort to identify the person responsible

for such agricultural land and/or holdings.

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

inorganic fertilisers may be required by the Department to attend a

training course on land application of fertiliser.

(2) The Department shall keep a register of persons and respective

agricultural land and/or holdings making use of fertilisers and shall

only permit the use of fertilisers to such registered users.

(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 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.

(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.

(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.

(3) Cases of breach identified that do not pertain to agricultural

land holdings will be referred to the Public Health and

Environmental Directorates.

The Department shall conduct the necessary 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 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) and in

particular shall

NITRATES ACTION PROGRAMME

(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

persons

responsible

for

agricultural land and/or holdings;

(b)

registered

persons

making

use

of

fertilisers;

(c)

information concerning the holdings and

agricultural land;

(d)

information concerning livestock buildings

and storage facilities on a holding, including a link with

the National Livestock Database;

(e)

information concerning land management

practices;

(f)

information concerning the landscape,

including the presence of any karstic features and natural

topography, soil types, water sources and water courses;

(g)

information on checks conducted by other

authorities;

(h)

findings of monitoring and controls by the

Department;

(i)

list of advisors and technical experts;

(j)

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

subregulation (2).

(2) An enforcement notice served upon a farmer in terms of

sub-regulation (1) 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.

(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 twenty-eight 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

s u b j e c t t o r e v i e w b y t h e A d m i n i s t r a t i v e R e v i e w Tr i b u n a l

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

(1) Where the Director has reasonable cause to believe

that -

(a) an offence against these regulations

has

been

committed by any person; and

(b) having regard to the previous conduct of the person

concerned, it would be appropriate to impose a penalty

under this regulation,

he may cause a notice in writing, in accordance with sub-regulation

(2), in the appropriate form to be served on that person.

(2)

A notice under subregulation (1) shall specify -

(a) the date and nature of the offence;

(b) a summary of the facts upon which the allegation that

an offence has been committed is based (being a

sufficient summary fully and fairly to inform the

person of the allegation against him);

(c) any other matter (not being previous convictions) that

the Director considers relevant to the imposition of a

penalty; and

(d) the amount of the penalty due and, where the penalty

due depends on a previous conviction, the date of such

conviction, and this shall be endorsed on a statement

setting out the provisions of this regulation.

(3) Any person on whom a notice under sub-regulation (1) is

served may, within thirty days after such service, by notice in

writing in the appropriate form served on the Director, require that

proceedings in respect of the alleged offence shall be dealt with by

the Court, in which case the following provisions shall apply

(a) no further proceedings shall be taken under this

regulation by the Director; and

(b) nothing in this regulation shall be construed as

preventing the institution of any proceedings in respect

of the alleged offence or the conviction of the person

for the offence by the Court or the imposition of any

penalty or forfeiture under this regulation upon such

conviction.

(4) Any person on whom a notice under sub-regulation (1) is

served who does not wish that proceedings in respect of the alleged

offence be dealt with by the Court may by notice in writing served

on the Director -

(a) admit the offence, and

(b) pay the amount of the penalty to the Director within

thirty days after the notice of the penalty is served or

after such subsequent period as the Director may

determine.

(5) Where under this regulation a person admits an offence, the

Director shall impose a monetary penalty on that person in respect

of the offence amounting to one-third of the maximum penalty to

which the person would be liable if he were convicted of the

offence by the Court under these regulations.

(6) The penalty imposed under sub-regulation (5) shall be due

as a civil debt enforceable by the competent Court of civil

jurisdiction in favour of the Government and the declaration by the

person on whom the penalty is imposed that he admits the charge

shall constitute an executive title for the purposes of article 253 of

the Code of Organization and Civil Procedure in the same manner

as if it were a judgement of the competent Court of civil

jurisdiction.

(7) Notwithstanding any other provision of these regulations or

of any other enactment, where an offence has been admitted under

this regulation, no charge may be laid in respect of the offence

against any person by whom it has been admitted.

(8) Where a person on whom a notice under sub-regulation (1)

is served does not, within thirty days after the notice is served upon

him, admit the offence, the Director shall institute proceedings or

cause proceedings to be instituted before the Court in respect of the

alleged offence.

(1) In the cases mentioned in regulation 13(2) of these

regulations, the person responsible to ensure that a particular piece

of agricultural land and/or holdings is/are in line with these

regulations, shall be the person registered with the Department and

any breaches shall be attributed to the person registered with the

Department at the time of the breach.

(2) In case of agricultural land and/or holdings which have not been

registered in terms of regulation 13, on which the Director has reason to

believe that an offence against these regulations has been committed, the

Department shall publish an enforcement notice in terms of regulation 19 in

the Government Gazette and may implement the required intervention

indicated in the said notice at its own expense after thirty (30) days from the

publication date of the notice

Provided that for instances which in the opinion of the

Department admit of no delay, the Department shall implement the

required intervention immediately

Provided further that the Department shall have the right to

recover any expenses incurred once the person responsible for that

agricultural land and/or holdings is identified.

(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,

counselling 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) but not exceeding

one thousand and seven hundred euro (€1,700) 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) but not exceeding ten thousand euro

(€10,000) 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

i m p l e m en t a t i o n o f t h e s e r e g u l a t i o n s a n d r e s t i t u t i o n o f t h e

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 provisions 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

Crim in al A ppeal f ro m any jud gm ent giv en b y t he C ourt of

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

of proceedings for any offence against these regulations.

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