Regulation 19 Amendment of Schedule 4

In Schedule 4—

(a)

after the heading in Schedule 4 insert—

“PART 1”

(b)

in Table 1—

(i)

for the heading of the fifth column substitute “Chemical fertiliser”;

(ii)

for the entry “Distance from spreading area to lake” substitute—

“

Distance from spreading area to lake High less than 30 metres less than 30 metres less than 10 metres
Medium 30 – 40 metres 30 – 40 metres 10 – 15 metres
Low greater than 40 metres greater than 40 metres greater than 15 metres

”

(c)

at the end of Schedule 4 insert—

“PART 2
Risk assessment for fertiliser application to land other than steeply sloping land

1.

If an application of organic manure (including livestock manure) or chemical fertiliser to sloping land is proposed, a risk assessment must be undertaken in addition to meeting all relevant requirements of these Regulations. The factors set out in Table 3 shall be considered in making this risk assessment. Table 4 shall be consulted to ascertain whether fertiliser application is permitted.

Table 3

Risk assessment for fertiliser application to land other than steeply sloping land

Factor Risk Level Organic Manures Chemical Fertiliser

Grassland Other land Grassland Other land
Slope percentage incline High 20% or more (See Part 1) 15% or more (See Part 1) 20% or more (See Part 1) 15% or more (See Part 1)
Medium 10 to less than 20% 10 to less than 15% 10 to less than 20% 10 to less than 15%
Low Less than 10% Less than 10% Less than 10% Less than 10%
Distance from spreading area to waterway other than lakes High Less than 10 metres (see Note 1) Less than 2 metres
Medium 10 to 20 metres (see Note 2) 2 to 5 metres
Low More than 20 metres More than 5 metres
Distance from spreading area to lake High Less than 20 metres Less than 10 metres
Medium 20 to 30 metres 10 to 15 metres
Low More than 30 metres More than 15 metres
Amount applied per hectare per application High More than 50m³(liquid) or 50 tonnes (solid) More than 150kg Nitrogen
Medium 25 to 50m³(liquid) or 25 to 50 tonnes (solid) (see Note 2) 120 to 150kg Nitrogen
Low Less than 25m³ (liquid) or 25 tonnes (solid) Less than 120kg Nitrogen
Soil conditions at time of proposed slurry application High Very wet, compacted soil Very wet, compacted soil
Medium Wet, poached soil Wet, poached soil
Low Dry, firm trafficable soil Dry, firm trafficable soil
Forecast weather conditions for next 48 hours High Heavy rainfall (more than 4mm per hour) Heavy rainfall (more than 4mm per hour)
Medium Moderate rainfall (0.5 to 4mm per hour) Moderate rainfall (0.5 to 4mm per hour)
Low Low rainfall (less than 0.5mm per hour) Low rainfall (less than 0.5mm per hour)
Arable land only – time to incorporation Liquid Solid
High More than 48 hours (see Note 3) More than 5 days Not applicable
Medium 12 to 48 hours 3 to 5 days Not applicable
Low Less than 12 hours less than 3 days Not applicable

Note 1: If regulation 8(5)(f) applies, for risk level “high” substitute “medium”.

Note 2: During the month of February and the period of 30th September to 15th October each year the distances and quantity in regulation 8(9) apply: spreading must not be done within 15m of a waterway or 5m if regulation 8(5)(f) applies, 30m of a lake and the application rate must not exceed 30m³ or 30 tonnes per hectare.

Note 3: Where organic manure is applied to an established crop, incorporation is not required, for risk level “high” substitute “medium”.

Table 4

Risk Assessment Determination

Risk Level Number of factors applicable Is the land application of fertiliser permitted?

High One or more factors No
Medium Three or more factors No
One or two factors Yes
Low One or more factors Yes

”

Distance from spreading area to lake	High	less than 30 metres	less than 30 metres	less than 10 metres
	Medium	30 – 40 metres	30 – 40 metres	10 – 15 metres
	Low	greater than 40 metres	greater than 40 metres	greater than 15 metres

Factor	Risk Level	Organic Manures		Chemical Fertiliser
		Grassland	Other land	Grassland	Other land
Slope percentage incline	High	20% or more (See Part 1)	15% or more (See Part 1)	20% or more (See Part 1)	15% or more (See Part 1)
	Medium	10 to less than 20%	10 to less than 15%	10 to less than 20%	10 to less than 15%
	Low	Less than 10%	Less than 10%	Less than 10%	Less than 10%
Distance from spreading area to waterway other than lakes	High	Less than 10 metres (see Note 1)		Less than 2 metres
	Medium	10 to 20 metres (see Note 2)		2 to 5 metres
	Low	More than 20 metres		More than 5 metres
Distance from spreading area to lake	High	Less than 20 metres		Less than 10 metres
	Medium	20 to 30 metres		10 to 15 metres
	Low	More than 30 metres		More than 15 metres
Amount applied per hectare per application	High	More than 50m³(liquid) or 50 tonnes (solid)		More than 150kg Nitrogen
	Medium	25 to 50m³(liquid) or 25 to 50 tonnes (solid) (see Note 2)		120 to 150kg Nitrogen
	Low	Less than 25m³ (liquid) or 25 tonnes (solid)		Less than 120kg Nitrogen
Soil conditions at time of proposed slurry application	High	Very wet, compacted soil		Very wet, compacted soil
	Medium	Wet, poached soil		Wet, poached soil
	Low	Dry, firm trafficable soil		Dry, firm trafficable soil
Forecast weather conditions for next 48 hours	High	Heavy rainfall (more than 4mm per hour)		Heavy rainfall (more than 4mm per hour)
	Medium	Moderate rainfall (0.5 to 4mm per hour)		Moderate rainfall (0.5 to 4mm per hour)
	Low	Low rainfall (less than 0.5mm per hour)		Low rainfall (less than 0.5mm per hour)
Arable land only – time to incorporation		Liquid	Solid
	High	More than 48 hours (see Note 3)	More than 5 days	Not applicable
	Medium	12 to 48 hours	3 to 5 days	Not applicable
	Low	Less than 12 hours	less than 3 days	Not applicable

Risk Level	Number of factors applicable	Is the land application of fertiliser permitted?
High	One or more factors	No
Medium	Three or more factors	No
Medium	One or two factors	Yes
Low	One or more factors	Yes