# The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 2) Regulations 2023

W.S.I. 2023/1070 · made 6 October 2023

These Regulations amend the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 (“the 2021 Regulations”).

Made under: Water Resources Act 1991 (Section 92, Section 219)

PDFs: Printed copy https://openlegislation.uk/water-resources-control-of-agricultural-pollution-wales-amendment-no-2-regulations-2023/pdf/wsi_20231070_mi.pdf

## Introductory text

Agriculture, Wales
Water, Wales
Made 6 October 2023
Laid before Senedd Cymru 10 October 2023
Coming into force 31 October 2023
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 92 and 219(2)(e) to (f) of the Water Resources Act 1991.

## 1 Title and coming into force

(1) The title of these Regulations is the Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) (No. 2) Regulations 2023.
(2) These Regulations come into force on 31 October 2023.

## 2 Amendment of the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021

(1) The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 are amended as follows.
(2) In regulation 2(b) (transitional measures for holdings not previously in a nitrate vulnerable zone), for “31 October 2023” substitute “1 January 2024”.
(3) In regulation 4 (application of livestock manure – total nitrogen limit for the whole holding)—
(a) in paragraph (1) for “the relevant period” substitute “any year beginning 1 January”;
(b) omit paragraph (4).
(4) In regulation 36(6) (record of nitrogen produced by animals on the holding)—
(a) in the definition of “previous 12 month period”, in paragraph (b)—
(i) in sub-paragraph (i), for “31 October 2023 to 30 October 2024” substitute “1 January 2024 to 31 December 2024”, and
(ii) in sub-paragraph (ii), for “31 October and ending 30 October” substitute “1 January and ending 31 December”;
(b) in the definition of “relevant date”, in paragraph (b), for “28 February 2025 and for all subsequent years 28 February” substitute “30 April 2025 and for all subsequent years 30 April”.

## Signature

Lesley Griffiths
Minister for Rural Affairs and North Wales, and Trefnydd, one of the Welsh Ministers
6 October 2023

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 (“the 2021 Regulations”).
Regulation 2(2) amends regulation 2 of the 2021 Regulations to change the implementation date for regulations 4 and 36 of the 2021 Regulations from 31 October 2023 to 1 January 2024 for holdings or parts of holdings not previously situated within a nitrate vulnerable zone (“NVZ”).
Regulation 2(3) amends regulation 4 of the 2021 Regulations so the 170kg per hectare maximum limit of nitrogen in livestock manure applies to each 12-month period beginning with 1 January for holdings or parts of holdings not previously situated within an NVZ. This corresponds with the 12-month period already in force for holdings previously situated within an NVZ.
Regulation 2(4)(a) amends the definition of “previous 12 month period” in regulation 36(6) of the 2021 Regulations so the relevant record keeping period reflects the 12 month period beginning 1 January under regulation 4 for holdings or parts of holdings not previously situated within an NVZ. It also makes clear that the first relevant record keeping period for occupiers of holdings or parts of holdings not previously situated within an NVZ is 1 January 2024 to 31 December 2024.
Regulation 2(4)(b) amends the definition of “relevant date” in regulation 36(6) of the 2021 Regulations so that the occupiers of holdings or parts of holdings not previously situated within an NVZ must make a record of the relevant data required under regulation 36(1) before 30 April 2025 and 30 April for all years subsequently.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales .

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Source: https://www.legislation.gov.uk/wsi/2023/1070 (the official version)
Page: https://openlegislation.uk/water-resources-control-of-agricultural-pollution-wales-amendment-no-2-regulations-2023
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.