The Nitrate Pollution Prevention Regulations 2015

UK Statutory Instrument 2015 No. 668 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 9 March 2015
In force from: 1 May 2015
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: Directive 91/676/EEC, European Communities Act 1972

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 consolidate, with minor corrections and drafting changes, the provisions set out in regulation 44. They continue to implement in England Council Directive 91/676/EEC (concerning the protection of waters against pollution by nitrates from agricultural sources) and Commission Decision 2009/431/EC granting a derogation pursuant to that Directive. Part 2 of the Regulations provides for the designation of land as nitrate vulnerable zones. It requires the Environment Agency to make recommendations to the Secretary of State about designations and for the Secretary of State to publish proposals. It establishes an appeals procedure against a proposed designation to the First-tier Tribunal. Part 3 imposes annual limits on the amount of nitrogen from organic manure that may be applied or spread in a holding in a nitrate vulnerable zone. Part 4 establishes requirements relating to the amount of nitrogen to be spread on a crop, and requires an occupier to plan in advance how much nitrogen fertiliser will be spread. Part 5 requires an occupier to provide a risk map of the holding and imposes conditions on how, where and when to spread nitrogen fertiliser. It also establishes closed periods during which the spreading of nitrogen fertiliser is prohibited. Part 6 makes provision for how nitrogen fertiliser must be stored. Part 7 specifies which records must be kept. Part 8 provides for the procedure for an application for a derogation and establishes an appeals procedure against the refusal of an application. Schedule 3 sets out the additional requirements to be met by an occupier of a derogated holding. Part 9 requires the Secretary of State to review the Regulations. Part 10 makes provision about enforcement. Breach of the Regulations is an offence punishable with a fine on summary conviction or on conviction on indictment. The Environment Agency is responsible for enforcing the Regulations. An impact assessment has not been produced for this instrument as, given that it is a consolidation, no additional impact on business or the private or voluntary sector is foreseen.

Offences created by this instrument

A person who breaches a provision of these Regulations commits an offence regulation 41(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 Lords · Lords Chamber · 22 January 2019 · Baroness McIntosh of Pickering (Con)
My Lords, I thank my noble friend for introducing so eloquently and thoroughly the statutory instrument before us. Probably the most relevant of my interests is that I work with the Water Industry Commission for Scotland, which is the Scottish water regulator. I have a number of questions that I would be grateful if my noble friend could address in summing up. Article 20 of the water framework directive says that any change to standards, values, substantive lists and best environment practice should be made only in light of technical and scientific progress. While we have been members of the…
Draft Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 Commons · General Committees · 28 January 2019 · Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
It is a pleasure to serve under your chairmanship, Sir Christopher. I am only disappointed that there are no cameras in the Committee Room; the people who normally watch proceedings on parliamentlive.tv can only listen, and will miss out on the lovely little dogs that the hon. Member for Milton Keynes South has on his tie, and the lack of jacket of the hon. Member for Isle of Wight. Hopefully my carefully chosen water-themed jokes will get belly laughs from Members, rather than just smiles. [Interruption.] Thanks for the laughs. In all seriousness, the purpose of the statutory instrument, as…
Draft Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 Commons · General Committees · 28 January 2019 · The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)
I beg to move, That the Committee has considered the draft Floods and Water (Amendment etc.) (EU Exit) Regulations 2019. It is a pleasure to serve under your chairmanship, Sir Christopher. This is the second of the affirmative statutory instruments on the environment to be considered as the UK leaves the European Union, as provided for by the result of the 2016 referendum and as subsequently agreed by Parliament. In line with the European Union (Withdrawal) Act 2018, the regulations simply make technical, legal amendments to maintain the effectiveness and continuity of UK legislation that…

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