The Nutrient Action Programme (Amendment) Regulations (Northern Ireland) 2019
Northern Ireland Statutory Rule 2019 No. 183 — creates 5 criminal offences.
- Made
- 24 September 2019
- In force from
- 15 October 2019
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- European Communities Act 1972
Explanatory note
(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations amend the Nutrient Action Programme Regulations (Northern Ireland) 2019 (the principal regulations), following the Commission Decision 2019/1325, granting approval to operate a derogation in accordance with paragraph 2 of Annex III to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources. Regulation 4 contains additional definitions for derogated holdings. Regulation 5 introduces requirement for a risk assessment when spreading fertiliser on land other than steeply sloping land and amends the exceptions to relation the land application of slurry. Regulation 6 provides that a derogated holding is excluded from the 170 kg N/ha/year, limit of livestock manure. Regulation 7 makes an amendment about the application of anaerobic digestate resulting from biodegradable waste. Regulation 8 provides that certain application limits have effect from 1st January 2020. Regulation 9 adds a requirement in relation to a fertilisation plan for a derogated holding. Regulations 10 correct a drafting error. Regulation 11 makes an amendment to requirement for storing poultry litter or anaerobic digestate in a field heap. Regulation 12 amends requirements for records for a derogated holding. Regulations 13 and 14 contain consequential amendments. Regulation 15 makes an amendment about reviews. Regulations 16 inserts a new Part 10 to provide for a derogation from the measure governing the limits on land application of livestock manure, as provided for in paragraph 2(b) of Annex III of the Directive. Regulation 17 inserts a provision about phosphorus balance for derogated holdings. Regulation 18 updates the phosphorus content of pig slurry and corrects a drafting error. Regulation 19 makes amendments to risk assessment for fertiliser application to steeply sloping land, inserts a new risk assessment for such application to all other lands and consequential amendments Regulation 20 inserts a new Schedule 8 setting out the conditions applying to a derogation.
Offences created by this instrument
- It shall be an offence for the controller to fail to comply without reasonable excuse with regulation 4, 9(1), 17(1)… regulation 14 · Status not determined · Strict liability
- It shall be an offence for the controller to fail to comply without reasonable excuse with regulation 4, 9(1), 17(1)… regulation 14(a) · Status not determined · Strict liability
- It shall be an offence for the controller to fail to comply with regulation 9(5), 10, 11(1) or (2), 13(1), 14(1), 22,… regulation 14(b) · Status not determined · Strict liability
- It shall be an offence— a for the controller in relation to a derogated holding to fail to comply with regulation… regulation 14(c) · Status not determined · Strict liability
- Where it is established that in any year, a grassland holding covered by an authorisation did not fulfil the… regulation 16 · 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 has no record of this instrument, although it covers the period. Nothing is inferred from that.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2019