UK Offence Report

3 It shall be an offence for the controller to fail to comply with regulation 9(5), 10, 11(1), 11(2), 12(4),…

regulation 30(3) of The Nitrates Action Programme Regulations (Northern Ireland) 2014

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

3 It shall be an offence for the controller to fail to comply with regulation 9(5), 10, 11(1), 11(2), 12(4), 12(5), 13(1), 14(1), 14(3), 15, 19, 22, 24, 25(1), 25(2), 25(4), 25(5) or 26.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 30(3)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words it is an offence to fail to comply with regulation 9(5), 10, 11(1), 11(2), 12(4), 12(5), 13(1), 14(1), 14(3), 15, 19, 22, 24, 25(1), 25(2), 25(4), 25(5) or 26.
  2. Not doing what the provision requires under the Nitrates Action Programme Regulations (Northern Ireland) 2014, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
11 December 2014
In force from
1 January 2015
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations give further effect to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources and Council Directive 2003/35/EC on public participation in respect of the drawing up of certain plans and programmes relating to the environment. They revoke and replace the Nitrates Action Programme Regulations (Northern Ireland) 2010, the Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2011 and the Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2012. They also revoke provisions within the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (Northern Ireland) 2003. Regulation 2 sets out the purpose and application of the Regulations. Regulation 4 imposes an obligation on the controller of a holding to prevent water pollution. Regulation 5 imposes obligations on the controller of a holding in complying with these Regulations to have regard to any guidance issued and the Code of Good Agricultural Practice. Regulation 6 prescribes in what circumstance exemptions to the Regulations may be granted. Regulation 7 establishes closed periods for the land application of chemical fertiliser to grassland and non grassland crops and closed periods for the land application of organic manure, excluding dirty water. Regulation 8 establishes the manner of application and spreading of fertiliser (including dirty water) including the minimum distances from waterways, the weight and volume of solid organic manure and slurry that may be applied and the period of time to be left between applications. Regulations 9, 10, and 11 limit the land application of nitrogen from livestock manure to 170 kg N/ha/year and set limits for the amount of chemical fertiliser and organic manures that may be applied in relation to crop requirement for nitrogen for grass and other crops. These limits are currently calculated by using the values set out in DEFRA’s Fertiliser Manual (RB209) 8th Edition, the Schedules to these Regulations. Regulation 9 also allows for a scientific case to be presented to deviate from the values set out in Tables 1, and 2 of Schedule 1 in respect of nitrogen excretion values, and total nitrogen content of fertilisers. Regulation 12 prescribes the requirements to be complied with for grassland holdings with an approved derogation from the measures governing the limits on land application of livestock manure, as provided for in paragraph 2(b) of Annex III of the Directive. Regulation 13 establishes limits for the land application of organic manures containing greater than a specified proportion of phosphorus compared to nitrogen. Regulation 14 establishes general obligations for the storage of livestock manure and silage effluent, including capacities and standards for storage facilities and the requirement to maintain and manage these facilities to prevent water pollution. Regulation 15 further details the livestock manure storage capacity required for different types of enterprises. Regulations 16 to 19 prescribe how slurry, farmyard manure, poultry litter and dirty water are to be stored. Regulation 20 advises how to calculate storage capacity and on-farm practices, including out-wintering of livestock (other than dairy cows), that may be taken into account when calculating such capacity. Regulation 21 prescribes how silage, or any crop being made into silage, is to be stored. Regulations 22 and 23 prescribe soil cover and detail crop management in order to minimise soil erosion and nutrient run-off. Regulation 24 details further crop management practices for grassland holdings with an approved derogation. Regulation 25 imposes an obligation on the controller of a holding to keep sufficient records for a holding to ascertain the identity of the controller, the total agricultural area, the crop regime for individual areas within the holding, the number of livestock, the livestock manure storage capacity and storage arrangements and the quantity of nitrogen fertiliser moved on and off the holding. These records must be ready for inspection and held for 5 years. Records concerning movement of livestock manure off holdings must be submitted annually to the Department. Regulation 26 prescribes that these records must be accurate and not misleading. Regulation 27 establishes the Department of the Environment as the enforcement authority and its authority to carry out these functions in accordance with the Waste and Contaminated Land (Northern Ireland) Order 1997. Regulation 28 prescribes how the Department of the Environment may serve a notice to minimise the risk of water pollution from storage of farm effluents or if any appropriate person is in breach of the Regulations and the requirements to be met when the notice is served. Regulation 29 creates a right of appeal to the Appeals Commission against any notice issued under regulation 28 and provides procedures for an appeal against a refusal for a deviation under regulation 9. Regulations 30 and 31 set out offences under the Regulations and their corresponding penalties. Regulation 32 establishes the duty on the Departments to submit, to the European Commission, a four-yearly report in accordance with Article 10 of the Nitrates. Regulation 33 imposes a duty on the Departments to review the action programme, through a consultative process, every four years. Regulation 34 deems notices served under regulation 23 of the Nitrates Action Programme Regulations (Northern Ireland) 2010 to be notices under these Regulations from 1 January 2015 and records to be retained under regulation 20 of the Nitrates Action Programme Regulations (Northern Ireland) 2010 to be records to be retained under these Regulations from 1 January 2015. Regulation 35 makes consequential amendments to The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (Northern Ireland) 2003, The Waste Management Licensing Regulations (Northern Ireland) 2003 and The Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014 to maintain consistency with these Regulations. Regulation 36 provides for the revocation of a number of statutory provisions consequent upon the coming into operation of these Regulations. Copies of the Going for Growth plan may be obtained from the Agri-Food Strategy Board website:http://www.agrifoodstrategyboard.org.uk 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 website:http://www.dardni.gov.uk Copies of the DEFRA Fertiliser Manual (RB209) 8th Edition may be obtained from the Department for Environment, Food and Rural Affairs website:http://www.defra.gov.uk Copies of the documents published by the British Standards Institution referred to in the Regulations may be obtained from any of the sales outlets of the British Standards Institution, by post from the British Standards Institution, Customer Services, 389 Chiswick High Road, London, W4 4AL, by telephone on 020 8996 9001, or by email to orders@bsi-global.com. Copies of Council Directive 91/676/EEC may be obtained from the website for European Union legislation:http://eur-lex.europa.eu/homepage.html

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source