Explanatory note

These Regulations amend the Nitrate Pollution Prevention (Wales) Regulations 2008 (S.I. 2008/3143) (“the Nitrate Regulations”) and the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716) (“the Habitats Regulations”.).

They implement in Wales Commission Decision 2009/431/EC (OJ No L 141, 6.6.09, p48) granting a derogation pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution by nitrates from agricultural sources (OJ No L 375, 31.12.91, p.1, amended by OJ No L 284, 31.10.03, p.1, OJ No L 311, 21.11.08, p.1).

Regulation 3 amends regulation 6 (Interpretation). Regulation 5 inserts a new Part 3A which introduces a procedure by which an application for a derogation must be made and establishes an appeal procedure against refusal of a derogation application.

Regulation 7 allows the use of spreading equipment with a spreading trajectory of more than 4 metres from the ground to be used in certain circumstances.

Regulation 10 replaces Schedules 1 to 3 and inserts a new Schedule 4 which sets out additional requirements to be met by an occupier of a derogated holding.

Regulation 11 inserts new regulation 84E into the Habitats Regulations requiring the effect on a European site to be considered before granting a derogation and, subject to certain exceptions, restrict the grant of a derogation where the integrity of the European site would be adversely affected.

No Regulatory impact assessment has been prepared for these Regulations.