Welsh Statutory Instrument SI 2021 Wales

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021

These Regulations revoke and replace—the Nitrate Pollution Prevention (Wales) Regulations 2013 (S.I. 2013/2506 (W. 245)) which control the application of nitrogen fertiliser in nitrate sensitive areas, andthe Water Resources (Control of Pollution) (Silage and Slurry) (Wales) Regulations 2010 (S.I. 2010/1493 (W. 136)) which regulate the custody and control of silage …

Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 1 of 77 obligations carry an unlimited fine. 76 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Occupier47 Any Person27 Operator1

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Occupier — also bound by 235 other Acts
Any Person — also bound by 2340 other Acts
Operator — also bound by 746 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.004 Application of livestock manure – total nitrogen limit for the whole holding Regulated
  • Keep annual livestock manure nitrogen within 170 kg per hectare of your holdingOccupier
s.004 Application of grazing and non-grazing livestock manure on qualifying grassland holdings during the relevant period Regulated
  • Stay within nitrogen limits on grassland or notify NRW and follow enhanced rulesOccupier
s.004 Notice requirements Regulated
  • Notify NRW if you will exceed the 170 kg nitrogen per hectare limit on grassland and submit an enhanced nutrient management planOccupier
s.005 Spreading organic manure — nitrogen limits per hectare Regulated
  • Keep nitrogen from organic manure within statutory limits per hectareOccupier
s.006 Planning the spreading of nitrogen fertiliser Regulated
  • Plan the spreading of nitrogen fertiliser before applicationOccupier
s.007 Additional information to be recorded during the year Regulated
  • Calculate and record nitrogen from organic manure before spreadingOccupier
s.008 Total nitrogen spread on a holding Regulated
  • Do not exceed statutory nitrogen limits on your holdingOccupier
s.009 Calculating the amount of nitrogen available for crop uptake from organic manure Regulated
  • Calculate nitrogen available for crop uptake from organic manureOccupier
s.011 Risk maps Regulated
  • Maintain and update a farm risk map for organic manure spreadingOccupier
s.012 When to spread fertiliser Regulated
  • Inspect fields before spreading nitrogen fertiliser and avoid spreading if high riskOccupier
s.013 Spreading manufactured nitrogen fertiliser near surface water Regulated
  • Do not spread manufactured nitrogen fertiliser within 2 metres of surface waterAny Person
s.014 Spreading organic manure near surface water, boreholes, springs or wells Regulated
  • Do not spread organic manure near surface water, boreholes, springs, or wellsAny Person
s.015 Controlling how nitrogen fertiliser is spread Regulated
  • Use low-trajectory slurry spreaders and spread nitrogen fertiliser accuratelyAny Person
s.016 Incorporating organic manure into the ground Regulated
  • Incorporate organic manure into soil within 24 hoursAny Person
s.018 Closed periods for spreading organic manure with high readily available nitrogen Regulated
  • Do not spread high-nitrogen organic manure during closed periodsAny Person
s.021 Restrictions following the closed period Regulated
  • Limit slurry and poultry manure spreading after the closed periodAny Person
s.022 Times in which spreading manufactured nitrogen fertiliser is prohibited Regulated
  • Do not spread manufactured nitrogen fertiliser during closed periodsAny Person
s.023 Storage of organic manure Regulated
  • Store organic manure correctly on your farm or holdingOccupier
s.027 Temporary field sites Regulated
  • Comply with rules for temporary field sitesAny Person
s.028 Separation of slurry Regulated
  • Separate slurry using approved methods onlyAny Person
s.029 Storage capacity Regulated
  • Provide sufficient storage for slurry and poultry manure during winter storage periodOccupier
s.030 Notice requiring works etc. Regulated
  • Comply with NRW notice to carry out works to prevent water pollutionAny Person
s.032 Notice of construction etc. Regulated
  • Notify NRW before constructing new silage or slurry storageAny Person
s.033 Recording the size of the holding Regulated
  • Record the total size of your agricultural holdingOccupier
s.034 Records relating to storage of manure during the storage period Regulated
  • Maintain records of manure storage capacity and productionOccupier
s.035 Annual records relating to storage Regulated
  • Record livestock numbers and field heap sites annuallyOccupier
s.036 Record of nitrogen produced by animals on the holding Regulated
  • Record animal numbers and calculate nitrogen from manure each yearOccupier
s.037 Livestock manure brought on to or sent off the holding Regulated
  • Record details of livestock manure brought onto or sent off the holdingOccupier
s.038 Sampling and analysis Regulated
  • Keep original laboratory reports for nitrogen content analysis of organic manureAny Person
s.039 Records of crops sown Regulated
  • Record crop sown and sowing date within one weekOccupier
s.041 Subsequent records Regulated
  • Record arable crop yields and grassland managementOccupier
s.042 Keeping of advice Regulated
  • Keep copies of FACTS-qualified fertiliser advice for 5 yearsOccupier
s.043 Duration of records Regulated
  • Keep records for at least 5 yearsAny Person
s.044 Monitoring and review Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must monitor and review effectiveness of agricultural pollution measuresCrown / Minister / Government department
s.046 Offences and penalties Prosecution
  • Contravene agricultural pollution regulationsAny Person

Unlimited fine

s.047 Enforcement Regulated
Other duties (1) — Crown / regulator
  • NRW must enforce the Agricultural Pollution (Wales) Regulations 2021Statutory regulator
15 other provisions — procedural and definitional
s.001 Title, application and commencement
s.002 Transitional measures for holdings not previously in a nitrate vulnerable zone
s.003 Interpretation
s.010 Maximum nitrogen limits by crop
s.017 Meaning of “organic manure with high readily available nitrogen”
s.019 Exemptions: crops sown before 15 September
s.020 Exemptions for organic holdings
s.024 Making or storage of silage
s.025 Storage of slurry
s.026 Exemptions to the storage requirements
s.031 Appeals against regulation 30 notices
s.040 Records of spreading nitrogen fertiliser
s.045 Alternative measures
s.048 Revocations
s.049 Consequential amendments
Schedules

Schedules

41 of 47 shown
s.sch001a Additional information to be recorded during the relevant period Regulated
  • Record phosphate content before spreading manure or fertiliserOccupier
s.sch001a Risk maps – additional requirements Regulated
  • Complete and update risk map of your agricultural holdingOccupier
s.sch001a Maintaining the holding as a qualifying grassland holding Regulated
  • You must keep at least 80% of the agricultural area sown with grassOccupier
s.sch001a Closed period for ploughing grass on the holding Regulated
  • Do not plough grass on the holding during closed periodsOccupier
s.sch001a Sowing of crops following grass on the holding Regulated
  • Sow high-nitrogen crop or grass within deadlines after ploughing grasslandOccupier
s.sch001a Crop rotation on the holding Regulated
  • Do not include prohibited nitrogen-fixing plants in crop rotationOccupier
s.sch001a Recording the size of the holding Regulated
  • Record the total agricultural area and grass area of your holdingOccupier
s.sch001a Record of nitrogen and phosphate produced by animals Regulated
  • Record livestock numbers and calculate manure nitrogen and phosphateOccupier
s.sch001a Livestock manure intended to be sent off the holding Regulated
  • Record livestock manure sent off your holding and its nitrogen contentOccupier
s.sch001a Records of crops sown Regulated
  • Record crops sown and sowing dates before spreading phosphate fertiliserOccupier
s.sch001a Records of spreading phosphate fertiliser Regulated
  • Record spreading of phosphate fertilisers within one weekOccupier
s.sch001a Recording the date of ploughing Regulated
  • Record the date of grass ploughing within one weekOccupier
s.sch001a Fertilisation accounts Regulated
  • Submit fertilisation accounts to NRW by 31 March 2025Occupier
s.sch001a Soil protection measures Regulated
  • Keep all agricultural land covered with crops, stubble or other vegetationOccupier
s.sch001a Locations of supplementary feeding and drinking sites for livestock Regulated
  • Keep livestock feeding sites 20m and drinking sites 10m from watercoursesOccupier
s.sch001a Spreading of slurry during relevant period Regulated
  • Use precision spreading equipment for slurry during the relevant periodOccupier
s.sch001a Spreading organic manure near surface water during relevant period Regulated
  • Keep organic manure at least 15m from surface water (10m with precision spreader) during restricted periodOccupier
s.sch001a Livestock manure to be applied to the holding during relevant period Regulated
  • Only use manure from your own livestock during the closed periodOccupier
s.sch001a Soil sampling analysis Regulated
  • Carry out soil phosphorus sampling on each agricultural areaOccupier
s.sch001a Determining the soil phosphorus index Regulated
  • Determine soil phosphorus index for each management areaOccupier
s.sch001a Planning the spreading of phosphate fertiliser Regulated
  • Produce phosphate fertiliser plan based on soil phosphorus indexOccupier
s.sch001a Requirements for enhanced nutrient management plans Regulated
  • Prepare an enhanced nutrient management plan with soil tests and fertiliser calculationsOccupier
s.sch001a Total phosphorus spread on a holding during relevant period Regulated
  • Do not exceed maximum phosphate limits from fertiliser and manureOccupier
s.sch001a Maximum phosphate limits by crop Regulated
  • Do not exceed maximum phosphate limits per crop without FACTS adviceAny Person
s.sch003 Slurry and other liquid and semi-liquid organic manure Regulated
  • Sample slurry and send for analysisOccupier
s.sch005 The base of the silo must— (a) extend beyond any... Regulated
  • Silage silo base must include perimeter channels and drainage to an effluent tankAny Person
s.sch005 The capacity of the effluent tank must not be less... Regulated
  • Ensure silo effluent tank capacity meets minimum requirementsAny Person
s.sch005 (1) The base of the silo must be— Regulated
  • Ensure silo base meets design or construction standards and is impermeableOccupier
s.sch005 The base and walls of the silo, its effluent tank... Regulated
  • Ensure silo and pipe materials resist silage effluentAny Person
s.sch005 No part of the silo, its effluent tank or channels... Regulated
  • Keep silo and effluent equipment at least 10 metres from water bodiesAny Person
s.sch005 If the silo has retaining walls— (a) the retaining walls... Regulated
  • Ensure silo retaining walls meet strength, loading, and notice requirementsAny Person
s.sch005 Subject to paragraph 9, the silo, its effluent tank and... Regulated
  • Ensure silo and effluent equipment is built to last 20 years with proper maintenanceOccupier
s.sch005 If any part of an effluent tank is below ground... Regulated
  • Design below-ground effluent tanks to last 20 years without maintenanceAny Person
s.sch006 The base of the slurry storage tank, the base and... Regulated
  • Ensure slurry and effluent storage structures are impermeableAny Person
s.sch006 The base and walls of the slurry storage tank, any... Regulated
  • Protect slurry storage tanks from corrosion to British Standard BS 5502Any Person
s.sch006 The base and walls of the slurry storage tank and... Regulated
  • Ensure slurry storage tank walls and base meet British Standard load capacityAny Person
s.sch006 (1) Any facilities used for the temporary storage of slurry... Regulated
  • Ensure temporary slurry storage has adequate capacityAny Person
s.sch006 In the case of a slurry storage tanks with walls... Regulated
  • Maintain required freeboard in slurry storage tanksOccupier
s.sch006 No part of the slurry storage tank or any effluent... Regulated
  • Keep slurry storage at least 10m from water or get NRW written approvalAny Person
s.sch006 The slurry storage tank and any effluent tank, channels, pipes... Regulated
  • Design slurry storage and effluent systems for 20-year lifespanOperator
s.sch006 If the walls of the slurry storage tank are not... Regulated
  • Ensure slurry storage tank base meets standards if walls are not impermeableAny Person
6 other schedules
s.sch001a Application of Schedule 1A
s.sch001a Interpretation
s.sch003 Solid manures
s.sch005 The requirement to be satisfied in relation to a silo...
s.sch006 The requirements to be satisfied in relation to a slurry...
s.sch006 (1) Subject to sub-paragraph (3), if the slurry storage tank...

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