LEGISLATION
As from 1 January 2009, The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 will come into force.
These Regulations establish a revised action programme for the nitrate vulnerable zones in Scotland. They revoke the previous action programme (the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003).
Overall, Regulation 4 requires the occupier of a farm to ensure that the provisions in regulations 5 to 24 are implemented for the parts of the farm that are within a nitrate vulnerable zone.
In particular, Regulation 5 requires a fertiliser and manure management plan to be prepared each year. Regulations 6 to 11 provide for storage of manure on the farm. Regulations 12 to 16 set limits and conditions for applying nitrogen fertiliser on the farm. Regulations 17 and 18 set conditions for applying chemical fertiliser and organic manure.
Regulations 19 to 22 set closed periods during which specified fertiliser or manure must not be applied on the farm land. Regulation 23 provides for a minimum period between applications of livestock manure. Regulation 24 restricts the use of high trajectory splash plates for the spreading of slurry, from 1 July 2009.
Regulations 25 and 26 provide for records to be kept and retained. Regulation 27 provides for inspections by the Scottish Government for the purpose of monitoring implementation. Regulation 28 provides for serving of notices by the Scottish Government where the requirements of the regulations have not been met and regulation 29 for a procedure to appeal against such notices.
Regulation 30 advises that breaches of regulations 4, 25, 27 and 28 are criminal offences.
Scottish legislation on the protection of water against nitrate pollution
The Designation of Nitrate Vulnerable Zones ( Scotland ) Regulations 2002 (SSI No.276) which came into force in July 2002 and designates areas of Moray, Aberdeenshire,Banff and Buchan; Strathmore and Fife; and Lothian and Borders as NVZs. These designations subsumed the existing NVZs at Balmalcolm in Fife and the Ythan catchment in Aberdeenshire.
The Designation of Nitrate Vulnerable Zones ( Scotland ) (No. 2) Regulations 2002 (SSI No.546) which came into force in January 2003 and designates the lower Nithsdale as an NVZ.
The Action Programme measures for farmers within NVZs were introduced through Scottish Statutory Instrument The Action Programme for Nitrate Vulner able Zones (Scotland) Regulations 2003 (SSI No.51) whichcame into force in February 2003, and amendments which were made in March 2003 under The Action Programme for Nitrate Vulnerable Zones (Scotland) (Amendment) Regulations 2003 (SSI No.169) . The Action Programme focuses on limiting nitrate input to crop requirement and on the storage, timing and amount of application of certain fertilisers to minimise nitrate leaching. Different closed periods have been put in place for different types of fertiliser, and to reflect local environmental conditions in the different NVZs.
Amendment to take account of public participation requirements
February 2005 - the consultation issued about bringing the NVZ Action Programme regulations into line with the Public Participation Directive. This is to ensure that a requirement to consult is added to the regulations whenever they are reviewed or amended. Public Participation in Environmental Matters- A Consultation.