OpenLegislation

Paragraph 2 I1

Northern Ireland

Benefit to agriculture shall be assessed by reference to whether the F1spreading, treatment or deposit will result in an improvement of the soil for the purpose of growing crops or grazing, and the following criteria shall apply for the purposes of such assessment –

(a)

the addition of nitrogen, phosphorous and other plant nutrients in the waste material should take account of the soil nutrient status and other sources of nutrient supply and be matched to the needs of the planned crop rotation;

F2(b)

for exempt activities to which the F3Nutrient Action Programme Regulations (Northern Ireland) 2019 apply the exempt activity shall be carried out in accordance with those Regulations;

(c)

the addition of materials containing lime should take account of the neutralising value of the material, the pH of the soil and the target soil pH for the crop rotation;

(d)

the addition of organic matter which improves the capacity of the soil to hold water, or its porosity, stability, tilth and workability and is a benefit;

(e)

the spreading, treatment or deposit of watery wastes may be a benefit where the moisture of the soil is insufficient to support the growth of crops at the time of application, or where they contain nutrients which are applied at an appropriate rate;

(f)

the spreading, treatment or deposit of waste soil may be a benefit where it is done in order to level uneven land and thereby facilitate the use of the land for agriculture, but not where it is done solely in order to raise the level of the land.

Annotations

Textual amendments

F1

Words in Sch. 2 Pt. 3 para. 2 substituted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 24(2)

F2

Sch. 2 Pt. 3 para. 2(b) substituted (1.1.2007) by The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(2)(h) (with reg. 2)

F3

Words in Sch. 2 Pt. 3 para. 2(b) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(c)

Commencement

I1

Sch. 2 Pt. 3 para. 2 in operation at 19.12.2003, see reg. 1(1)