UK Statutory Instrument 2015 United Kingdom

Nitrate Pollution Prevention Regulations 2015

What this means for your business

16 obligations
16 penalties
5 guides
Enforced by
Environment Agency, DEFRA
Applies to
United Kingdom
On this page
16 compliance obligations, 5 practical guides
Read full text on legislation.gov.uk

What you must do

16 compliance obligations under this legislation.

Equipment and safety 1

Use slurry‑spreading equipment that meets trajectory and rate limits

Unlimited fine

If you broadcast slurry on your land, the machine you use must either spray less than 4 m above the ground, or, if it sprays higher, it must be able to cap the application to no more than 1 mm per hour when running continuously. In practice you need to check the equipment’s specifications and keep proof that it stays within these limits.

Any Person s.18 Environment Agency when you spread slurry by broadcasting

Management duties 7

Keep nitrogen spreading within the legal limit

Unlimited fine

If you occupy land where crops are grown, you must make sure the total nitrogen you spread – from fertiliser and manure – never exceeds the amount set out in the regulations for each crop and hectare, calculated over any rolling 12‑month period. You need to work out the limit, track what you spread, and adjust your fertiliser use so you stay within the cap.

Occupier s.12 Environment Agency Whenever you spread nitrogen fertiliser or manure on crops on your holding

Limit nitrogen from livestock manure to 170 kg per hectare each year

Unlimited fine

If you occupy a farm, you must make sure the total nitrogen you spread from livestock manure in any calendar year does not exceed 170 kg for each hectare of land you can actually use for farming. You need to work out the usable area (ignoring buildings, roads, water, hard‑standing, non‑grazing woodland and year‑round greenhouses) and calculate the nitrogen content using Schedule 1. The limit does not apply if you have been granted a derogation.

Occupier s.7 Environment Agency Each calendar year, based on the holding’s usable land area

Limit nitrogen from organic manure per hectare

Unlimited fine

You must make sure that no more than 250 kg of nitrogen from organic manure is spread on each hectare of your land in any 12‑month period. You can spread more only if you use certified green or green/food compost and stay within the higher limits over longer periods with no other manure, or if you meet a special set of farming criteria and keep a record of it.

Occupier s.8 Environment Agency when spreading organic manure on any hectare of land you occupy

Limit nitrogen spreading on grass for dehydration and report soil analyses

Unlimited fine

If you grow grass for dehydration or chlorophyll and aim for at least 16% protein, you must keep the amount of nitrogen you spread on each hectare within set limits (700 kg if irrigated, 500 kg if not). You also need to calculate nitrogen from organic manure correctly and send autumn soil test results to your FACTS adviser each year.

Occupier s.13 Environment Agency when growing grass for dehydration or chlorophyll with a target protein content …

Prepare and keep a fertilisation plan before spreading nitrogen

Unlimited fine

Before you spread any nitrogen fertiliser on your land, you must work out how much nitrogen the soil can supply, decide the optimum amount to apply, and record all the details in a permanent fertilisation plan. The plan must be ready before the first spreading each season (each calendar year for permanent grassland) and must include field, crop, soil and yield information.

Occupier s.10 Environment Agency Before any nitrogen fertiliser is spread (each growing season; annually for permanent …

Separate slurry mechanically or on an impermeable surface

Unlimited fine

If you occupy land where slurry is stored and you need to split it into solid and liquid parts, you must do it using a mechanical separator or on a surface that won’t let liquid seep through, and the liquid must flow into a proper container. This keeps the liquid from contaminating the ground and helps you stay within nitrate pollution rules.

Occupier s.24 Environment Agency Whenever you separate slurry into solid and liquid fractions on the holding

Store organic manure only in approved locations and ways

Unlimited fine

If you keep organic manure (other than slurry) on your farm, you must store it only in a vessel, a covered building, on an impermeable surface, or as a temporary heap that meets strict size, location and time limits. You also have to keep solid poultry manure on a temporary heap covered with impermeable material and avoid storing manure near water sources, on flood‑prone land or on steep slopes.

Occupier s.23 Environment Agency When storing organic manure (other than slurry) or bedding contaminated with organic …

Offences and prohibitions 1

Fail to comply with Nitrate Pollution Regulations

Unlimited fine

If you or your company do not meet the requirements set out in regulations 7, 8, 10‑13, 15‑35 or 37(3) of the Nitrate Pollution Prevention Regulations 2015, you are committing a criminal offence. On conviction you will be subject to a fine – either a summary fine in the magistrates’ court or an unlimited fine if the case goes to the Crown Court. Directors or senior officers can also be personally liable if the breach was due to their consent, connivance or neglect.

Any Person s.41 Environment Agency

Record keeping 7

Keep a copy of FACTS advice

Unlimited fine

If you are the occupier of a holding and you have used advice from a FACTS adviser for any purpose under the Nitrate Pollution Prevention Regulations, you must retain a copy of that advice. This means keeping the written or electronic advice on file so it can be shown to the Environment Agency if required.

Occupier s.33 Environment Agency When you have relied on advice from a FACTS adviser under the …

Keep original laboratory report for manure nitrogen tests

Unlimited fine

If you have any organic manure tested for its nitrogen content, you must retain the original report from the laboratory. This record proves what you’ve measured and may be needed by the Environment Agency if they check your compliance.

Any Person s.29 Environment Agency when you carry out sampling and analysis to determine nitrogen content in …

Record and calculate nitrogen from livestock each year

Unlimited fine

If you run a farm or hold livestock, you must count the animals and the days they spend on your land, work out how much nitrogen their manure produces, and keep a written record of these calculations. The record (and a print‑out if you use approved software) must be ready by 30 April each year.

Occupier s.27 Environment Agency holding has livestock

Record manure production and storage capacity for new livestock holdings

Unlimited fine

If you set up a new farm that keeps livestock, you must work out how much manure the animals will produce, how much storage you need (taking into account any manure you’ll export, spread on low‑run‑off land and other liquids), and note the storage you already have. Keep these calculations as a record.

Occupier Record of storage capacity Environment Agency when establishing a new holding that keeps livestock

Record nitrogen data before spreading manure or fertiliser

Unlimited fine

Before you spread any organic manure or manufactured nitrogen fertiliser on your land, you must work out how much nitrogen will be available to crops and write down the details – the area, amount, month, type of material, total nitrogen content and the calculated nitrogen that crops can use. Keep a record for every spreading event.

Occupier s.11 Environment Agency Before each spreading of organic manure or manufactured nitrogen fertiliser on a …

Record the size of any new holding you occupy

Unlimited fine

When you become the occupier of a new piece of land, you must write down the total size of that holding, using the calculation method specified in regulation 7(4). Keep this record as evidence that you have complied with the nitrate pollution rules.

Occupier Record of size of holding Environment Agency When you take occupancy of a new holding

Update nitrate‑pollution records when holding details change

Unlimited fine

If the size of your farm, the amount of manure storage you have, or the first time you bring livestock onto the land changes, you must bring the relevant nitrate‑pollution records up to date. The updates must be made within the time‑limits set in the regulation (usually one month or one week). Failure to do so can lead to prosecution.

Occupier s.34 Environment Agency any change to the land area (excluding greenhouse‑covered area), any change to …

Penalties for non-compliance

16 penalties under this legislation. 16 carry an unlimited fine.

Unlimited fine

Use slurry‑spreading equipment that meets trajectory and rate limits

Unlimited fine

Either way s.18 Penalises: Use slurry‑spreading equipment that meets trajectory and rate …
Unlimited fine

Keep nitrogen spreading within the legal limit

Unlimited fine

Either way s.12 Penalises: Keep nitrogen spreading within the legal limit
Unlimited fine

Limit nitrogen from livestock manure to 170 kg per hectare each year

Unlimited fine

Either way s.7 Penalises: Limit nitrogen from livestock manure to 170 kg …
Unlimited fine

Limit nitrogen from organic manure per hectare

Unlimited fine

Either way s.8 Penalises: Limit nitrogen from organic manure per hectare
Unlimited fine

Limit nitrogen spreading on grass for dehydration and report soil analyses

Unlimited fine

Either way s.13 Penalises: Limit nitrogen spreading on grass for dehydration and …
Unlimited fine

Prepare and keep a fertilisation plan before spreading nitrogen

Unlimited fine

Either way s.10 Penalises: Prepare and keep a fertilisation plan before spreading …
Unlimited fine

Separate slurry mechanically or on an impermeable surface

Unlimited fine

Either way s.24 Penalises: Separate slurry mechanically or on an impermeable surface
Unlimited fine

Store organic manure only in approved locations and ways

Unlimited fine

Either way s.23 Penalises: Store organic manure only in approved locations and …
Unlimited fine

Fail to comply with Nitrate Pollution Regulations

Unlimited fine

Either way s.41 Penalises: Fail to comply with Nitrate Pollution Regulations
Unlimited fine

Keep a copy of FACTS advice

Unlimited fine

Either way s.33 Penalises: Keep a copy of FACTS advice
Unlimited fine

Keep original laboratory report for manure nitrogen tests

Unlimited fine

Either way s.29 Penalises: Keep original laboratory report for manure nitrogen tests
Unlimited fine

Record and calculate nitrogen from livestock each year

Unlimited fine

Either way s.27 Penalises: Record and calculate nitrogen from livestock each year
Unlimited fine

Record manure production and storage capacity for new livestock holdings

Unlimited fine

Either way Record of storage capacity Penalises: Record manure production and storage capacity for new …
Unlimited fine

Record nitrogen data before spreading manure or fertiliser

Unlimited fine

Either way s.11 Penalises: Record nitrogen data before spreading manure or fertiliser
Unlimited fine

Record the size of any new holding you occupy

Unlimited fine

Either way Record of size of holding Penalises: Record the size of any new holding you …
Unlimited fine

Update nitrate‑pollution records when holding details change

Unlimited fine

Either way s.34 Penalises: Update nitrate‑pollution records when holding details change

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

48 classified provisions from this legislation.

Duties 18

  • s.5 Recommendations and proposals person appearing
  • s.7 Application of livestock manure: total nitrogen limit for the whole holding
  • s.8 Spreading organic manure: nitrogen limits per hectare
  • s.10 Planning the spreading of nitrogen fertiliser the occupier
  • s.11 Additional information to be recorded
  • s.12 Total nitrogen spread on a holding
  • s.18 Restrictions on spreading slurry
  • s.23 Storage of organic manure
  • s.24 Separation of slurry
  • s.27 Record of nitrogen produced by animals on the holding animal by reference
  • s.29 Sampling and analysis
  • s.33 FACTS advice the occupier
  • s.34 Keeping records up to date
  • s.39 Review of the action programme the Secretary of State
  • s.40 Regulatory review
  • Implementation report Implementation report steps taken
  • Record of size of holding Record of size of holding
  • Record of storage capacity Record of storage capacity

Offences and penalties 1

  • s.41 Offence and penalty

Powers 2

  • s.13 Grass grown for dehydration or for chlorophyll production
  • s.42 Civil sanctions

Definitions 5

  • Schedule 2 Calculating nitrogen in manure
  • s.3 Designation relevant map
  • s.4 Review
  • s.26 Annual records relating to storage storage period
  • s.37 Determination of application European site European offshore marine site

Exemptions 16

  • s.9 Exclusion for crops in greenhouses
  • s.15 Risk map
  • s.16 Restrictions on spreading nitrogen fertiliser
  • s.17 Spreading organic manure near surface water, boreholes, springs or wells
  • s.19 Incorporating organic manure into the ground
  • s.20 Closed periods for organic manure
  • s.21 Exemption for organic holdings
  • s.22 Closed period for manufactured nitrogen fertiliser
  • s.25 Storage capacity
  • s.28 Livestock manure brought on to or sent off the holding
  • s.30 Records of crops sown
  • s.31 Records of spreading nitrogen fertiliser
  • s.32 Subsequent records
  • s.36 Application
  • s.38 Appeal
  • Transitional periods for new holdings Transitional periods for new holdings