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The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021

W.S.I. 2021/77 · Made 21 January 2021 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 15 October 2026.

Agriculture, Wales

Water, Wales

Made 21 January 2021

Laid before Senedd Cymru 27 January 2021

Coming into force 1 April 2021

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 92 and 219(2)(d) to (f) of the Water Resources Act 1991f1.

Annotations to the whole text

Footnotes

f1

1991 c. 57. Section 92 was amended by the Environment Act 1995 (c. 25) section 120 and paragraph 128 and 144 of Schedule 22 to that Act, and by S.I. 2010/675 and S.I. 2013/755 (W. 90). There are amendments to section 219 which are not relevant to these Regulations. By virtue of article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) functions of the Secretary of State under section 92 were transferred to the National Assembly for Wales in relation to those parts of Wales which are outside the catchment areas of the rivers Dee, Wye and Severn. In relation to those parts of Wales which are within those catchment areas, functions under section 92 are exercisable by the National Assembly for Wales concurrently with the Secretary of State. By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32) functions under sections 92 and 219 now vest in the Welsh Ministers.

Contents

  1. Part 1: Introduction
  2. 1Title, application and commencement
  3. 2Transitional measures for holdings not previously in a nitrate vulnerable zone
  4. 3Interpretation
  5. Part 2: Limiting the application of organic manure
  6. 4Application of livestock manure – total nitrogen limit for the whole holding
  7. 4AApplication of grazing and non-grazing livestock manure on qualifying grassland holdings during the relevant period
  8. 4BNotice requirements
  9. 5Spreading organic manure — nitrogen limits per hectare
  10. Part 3: Crop requirements
  11. 6Planning the spreading of nitrogen fertiliser
  12. 7Additional information to be recorded during the year
  13. 8Total nitrogen spread on a holding
  14. 9Calculating the amount of nitrogen available for crop uptake from organic manure
  15. 10Maximum nitrogen limits by crop
  16. Part 4: Controlling the spreading of nitrogen fertiliser
  17. 11Risk maps
  18. 12When to spread fertiliser
  19. 13Spreading manufactured nitrogen fertiliser near surface water
  20. 14Spreading organic manure near surface water, boreholes, springs or wells
  21. 15Controlling how nitrogen fertiliser is spread
  22. 16Incorporating organic manure into the ground
  23. Part 5: Closed periods for spreading nitrogen fertiliser
  24. 17Meaning of “organic manure with high readily available nitrogen”
  25. 18Closed periods for spreading organic manure with high readily available nitrogen
  26. 18ATemporary exemption for 2026
  27. 19Exemptions: crops sown before 15 September
  28. 20Exemptions for organic holdings
  29. 21Restrictions following the closed period
  30. 22Times in which spreading manufactured nitrogen fertiliser is prohibited
  31. Part 6: Storage of organic manure and silage
  32. 23Storage of organic manure
  33. 24Making or storage of silage
  34. 25Storage of slurry
  35. 26Exemptions to the storage requirements
  36. 27Temporary field sites
  37. 28Separation of slurry
  38. 29Storage capacity
  39. 30Notice requiring works etc.
  40. 31Appeals against regulation 30 notices
  41. 32Notice of construction etc.
  42. Part 7: Calculations and records
  43. 33Recording the size of the holding
  44. 34Records relating to storage of manure during the storage period
  45. 35Annual records relating to storage
  46. 36Record of nitrogen produced by animals on the holding
  47. 37Livestock manure brought on to or sent off the holding
  48. 38Sampling and analysis
  49. 39Records of crops sown
  50. 40Records of spreading nitrogen fertiliser
  51. 41Subsequent records
  52. 42Keeping of advice
  53. 43Duration of records
  54. Part 8: Monitoring and review
  55. 44Monitoring and review
  56. 45Alternative measures
  57. Part 9: Enforcement
  58. 46Offences and penalties
  59. 47Enforcement
  60. Part 10: Miscellaneous
  61. 48Revocations
  62. 49Consequential amendments
  63. Signature
  64. Schedule 1Amount of manure, nitrogen and phosphate produced by grazing livestock and non-grazing livestock
  65. Schedule 1A: Enhanced nutrient management requirements
  66. 1Application of Schedule 1A
  67. 2Interpretation
  68. 3Livestock manure to be applied to the holding during relevant period
  69. 4Soil sampling analysis
  70. 5Determining the soil phosphorus index
  71. 6Planning the spreading of phosphate fertiliser
  72. 7Requirements for enhanced nutrient management plans
  73. 8Total phosphorus spread on a holding during relevant period
  74. 9Maximum phosphate limits by crop
  75. 10Additional information to be recorded during the relevant period
  76. 11Risk maps – additional requirements
  77. 12Maintaining the holding as a qualifying grassland holding
  78. 13Closed period for ploughing grass on the holding
  79. 14Sowing of crops following grass on the holding
  80. 15Crop rotation on the holding
  81. 16Recording the size of the holding
  82. 17Record of nitrogen and phosphate produced by animals
  83. 18Livestock manure intended to be sent off the holding
  84. 19Records of crops sown
  85. 20Records of spreading phosphate fertiliser
  86. 21Recording the date of ploughing
  87. 22Fertilisation accounts
  88. 23Soil protection measures
  89. 24Locations of supplementary feeding and drinking sites for livestock
  90. 25Spreading of slurry during relevant period
  91. 26Spreading organic manure near surface water during relevant period
  92. Schedule 2Fruit species
  93. Schedule 3: Calculating nitrogen in organic manure
  94. 1Standard Table
  95. Part 2: Sampling and analysis of organic manure
  96. 1Slurry and other liquid and semi-liquid organic manure
  97. 2Solid manures
  98. Schedule 4Permitted crops for the closed period
  99. Schedule 5: Requirements for silos
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. 5Paragraph 5
  105. 6Paragraph 6
  106. 7Paragraph 7
  107. 8Paragraph 8
  108. 9Paragraph 9
  109. Schedule 6: Requirements for slurry storage systems
  110. 1Paragraph 1
  111. 2Paragraph 2
  112. 3Paragraph 3
  113. 4Paragraph 4
  114. 5Paragraph 5
  115. 6Paragraph 6
  116. 7Paragraph 7
  117. 8Paragraph 8
  118. 9Paragraph 9
  119. 10Paragraph 10
  120. Explanatory note