Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006 (revoked)
Northern Ireland Statutory Rule 2006 No. 488 — creates 2 criminal offences.
- Made
- 1 December 2006
- In force from
- 1 January 2007
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations aim to prevent water pollution by limiting the amount of phosphorus applied to land. Regulation 2 restricts the amount of chemical fertiliser applied to land to the crop requirement whilst taking into consideration the phosphorous already available from the soil and organic manures. These variables are to be calculated in accordance with the Schedules to these Regulations and the Waste Management Licensing Regulations (Northern Ireland) 2003. Regulation 3 imposes a duty on the controller of a holding to prevent water pollution. Regulation 4 prohibits the land application of chemical fertiliser in situations where there will be run off of water and pollution is likely to occur. This regulation also prescribes the manner in which chemical fertiliser shall be applied to land and prohibits its application within 1.5m of a waterway. Regulation 5 imposes an obligation on the owner and/or controller of a holding when applying these Regulations to follow guidance issued for the purpose of these Regulations by the Department of the Environment and/or the Department of Agriculture and Rural Development and the Code of Good Agricultural Practice issued by the Department of Agriculture and Rural Development. Regulation 6 imposes an obligation on the controller of a holding to keep detailed records sufficient to ascertain who the controller of the holding was for the calendar year, the total agricultural area of the holding, the crop regime for individual areas within the holding, the number of livestock on the holding, the livestock manure storage capacity and storage arrangements of the holding and the quantity of nitrogen fertiliser moved on and off the holding. These records must be ready for inspection, held for 5 years, be accurate and not misleading. Regulation 7 prescribes monitoring and inspection functions under these Regulations. Regulations 8 and 9 set out the offences under these Regulations and their corresponding penalties. Copies of the Code of Good Agricultural Practice for the Prevention of Pollution of Water, Air and Soil, referred to in regulation 5, may be obtained from the Department of Agriculture and Rural Development’s website athttp://www.dardni.gov.uk. Copies of the Fertiliser Recommendations for Agricultural and Horticultural Crops (RB209) may be obtained from the Department for Environment, Food and Rural Affairs website: http://www.defra.gov.uk Copies of Council Directive 91/676/EEC may be obtained from the Stationery Office, 16 Arthur Street, Belfast, BT1 4GD.
Offences created by this instrument
- It shall be an offence to fail to comply with regulations 2(1), 3, 4 or 5 of these Regulations regulation 8(1) · Status not determined · Mixed — some elements strict, some not
- It shall be an offence for a controller to fail without reasonable cause to comply with the conditions of a notice… regulation 8(2) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2006