STATUTORY INSTRUMENTS

S.I. No. 378 of 2006

European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006

INDEX

S.I. No. 378 of 2006

European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006

The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purposes of giving further effect to Directive 75/442/EEC of 15 July 1975¹ , Directive 76/464/EEC of 4 May 1976² , Directive 80/68/EEC of 17 December 1979³ , Directive 91/676/EEC of 12 December 1991⁴ , Directive 2000/60/EC of 23 October 2000⁵ and Directive 2003/35/EC of 26 May 2003⁶ hereby makes the following Regulations:

PART 1

PRELIMINARY

Citation and commencement

1.     (a)     These Regulations may be cited as the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006.

(b)     These Regulations shall come into effect on 1 August, 2006 save as is otherwise provided in relation to any particular provision.

-�groundwater-� means all water that is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

-�holding-� means an agricultural production unit and, in relation to an occupier, means all the agricultural production units managed by that occupier;

-�livestock-� means all animals kept for use or profit (including cattle, horses, pigs, poultry, sheep and any creature kept for the production of food, wool, skins or fur);

-�livestock manure-� means waste products excreted by livestock or a mixture of litter and waste products excreted by livestock, even in processed form;

-�local authority-� means a city council or county council within the meaning of the Local Government Act, 2001 (No. 37 of 2001);

-�the Minister-� means the Minister for the Environment, Heritage and Local Government;

-�net area-�, in relation to a holding and the grassland stocking rate, means the gross area of the holding or the grassland as appropriate excluding areas under farm roads, paths, buildings, farmyards, woods, dense scrub, rivers, streams, ponds, lakes, sandpits, quarries, expanses of bare rock, areas of bogland not grazed, areas fenced off and not used for production, inaccessible areas and areas of forestry (including Christmas trees), or required to be totally destocked under a Commonage Framework Plan;

-�the Nitrates Directive-� means Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources;

-�occupier-�, in relation to a holding, includes the owner, a lessee, any person entitled to occupy the holding or any other person having for the time being control of the holding;

-�organic fertiliser-� means any fertiliser other than that manufactured by an industrial process and includes livestock manure, dungstead manure, farmyard manure, slurry, soiled water, non-farm organic substances such as sewage sludge, industrial by-products and sludges and residues from fish farms;

(c)  where the context permits, any beach, river bank and salt marsh or other area which is contiguous to anything mentioned in paragraph (a) or (b), and the channel or bed of anything mentioned in paragraph (a) which is for the time being dry,

but does not include a sewer,

-�waterlogged ground-� means ground that is saturated with water such that any further addition will lead, or is likely to lead, to surface run-off;

and cognate words shall be construed accordingly.

(2)      (a)  In these Regulations -�soiled water-� includes, subject to this sub-article, water from concreted areas, hard standing areas, holding areas for livestock and other farmyard areas where such water is contaminated by contact with any of the following substances -

(i)  livestock faeces or urine or silage effluent,

(ii)  chemical fertilisers,

(iii)  washings such as vegetable washings, milking parlour washings or washings from mushroom houses,

(iv)  water used in washing farm equipment.

(b)  In these Regulations, -�soiled water-� does not include any liquid where such liquid has either -

(i)  a biochemical oxygen demand exceeding 2,500 mg per litre, or

(ii)  a dry matter content exceeding 1%.

(c)  For the purposes of these Regulations, soiled water which is stored together with slurry or which becomes mixed with slurry is deemed to be slurry.

(3)  In these Regulations a reference to:-

(a)  an Article, Part or Schedule which is not otherwise identified is a reference to an Article, Part or Schedule of these Regulations,

manner that prevents the run-off or seepage, directly or indirectly, into groundwaters or surface waters of such substances.

Structural integrity of storage facilities

6.     (1)     Storage facilities for livestock manure and other organic fertilisers, soiled water and effluents from dungsteads, farmyard manure pits or silage pits shall be maintained free of structural defect and be of such standard as is necessary to prevent run-off or seepage, directly or indirectly, into groundwater or surface water, of such substances.

(2)      Storage facilities being provided on a holding on or after 1 August 2006 shall -

(a)      be designed, sited, constructed, maintained and managed so as to prevent run-off or seepage, directly or indirectly, into groundwater or surface water of a substance specified in sub-article (1), and

(b)      comply with such construction specifications for those facilities as may be approved from time to time by the Minister for Agriculture and Food.

(3)      In this article -�storage facilities-� includes out-wintering pads, earthen-lined stores, integrated constructed wetlands and any other system used for the holding or treatment of livestock manure or other organic fertilisers.

General obligations as to capacity of storage facilities

7.     (1)     The capacity of storage facilities for livestock manure and other organic fertilisers, soiled water and effluents from dungsteads, farmyard manure pits or silage pits on a holding shall be adequate to provide for the storage of all such substances as are likely to require storage on the holding for such period as may be necessary as to ensure compliance with these Regulations and the avoidance of water pollution.

(2)      For the purposes of sub-article (1) an occupier shall have due regard to the storage capacity likely to be required during periods of adverse weather conditions when, due to extended periods of wet weather, frozen ground or otherwise, the application to land of livestock manure or soiled water is precluded.

Capacity of storage facilities for poultry manure

10.   (1)     Without prejudice to the generality of Article 7, the capacity of facilities for the storage on a holding of livestock manure produced by poultry shall, subject to sub-article (2) and Article 13, equal or exceed the capacity required to store all such livestock manure produced on the holding during a period of 26 weeks.

(2)      The period specified in Schedule 3 shall, in substitution for that prescribed by sub-article (1), apply in relation to livestock manure produced by poultry on a holding in case where all the following conditions are met -

(a)  tillage or grassland farming is carried out on the holding,

(b)  the number of poultry places on the holding does not exceed 2,000 places, and

(c)  the holding comprises a sufficient area of land for the application in accordance with these Regulations of all livestock manure produced on the holding.

Capacity of storage facilities for manure from deer, goats and sheep

11.  Without prejudice to the generality of Article 7, the capacity of facilities for the storage on a holding of livestock manure produced by deer, goats and sheep shall, subject to Article 13, equal or exceed the capacity required to store all such livestock manure produced on the holding during a period of six weeks.

Capacity of storage facilities for manure from cattle

12.  Without prejudice to the generality of Article 7, the capacity of facilities for the storage on a holding of livestock manure produced by cattle shall, subject to Article 13, equal or exceed the capacity required to store all such livestock manure produced on the holding during the period specified in Schedule 3.

Reduced storage capacity in certain circumstances

13.    (1)  The capacity of facilities for the storage of livestock manure on a holding may, to such extent as is justified in the particular circumstances of the holding, be less than the capacity specified in Article 9, 10, 11 or 12, as appropriate, in the case of a holding where -

(e)  the reduction in storage capacity is proportionate to the extent of out-wintered livestock on the holding.

(4)  In this article, a grassland stocking rate of 130 kg or 85kg of nitrogen, as the case may be, means the stocking of grassland on a holding at any time by such numbers and types of livestock as would in the course of a year excrete waste products containing 130 kg or 85 kg of nitrogen, as the case may be, per hectare of the grassland when calculated in accordance with the nutrient excretion rates for livestock specified in Table 6 of Schedule 2.

Operative dates

14.    (1)  In the case of a holding on which there are in place on 1 August 2006 storage facilities in compliance with the storage capacity requirements prescribed by Articles 8, 9, 10, 11 or 12, the relevant article and Article 7 shall come into effect in relation to those facilities on 1 August 2006.

(2)  In the case of a holding on which there are not in place on 1 August 2006 storage facilities in compliance with the storage capacity requirements prescribed by Article 9, that article and Article 7 shall come into effect in relation to those facilities on 31 December 2006 or the day on which such storage facilities are put in place on that holding, whichever day first occurs.

(3)  In the case of a holding on which there are not in place on 1 August 2006 storage facilities in compliance with the storage capacity requirements prescribed by Article 8, 10, 11 or 12, the relevant article and Article 7 shall come into effect on 31 December 2008 or the day on which such storage facilities are put in place on that holding, whichever day first occurs.

(4)  Save as is otherwise provided by this article, Article 7 shall come into operation on 31 December 2008.

PART 3

NUTRIENT MANAGEMENT

Interpretation, commencement etc

15.    (1)  In this Part, -�crop requirement-�, in relation to the application of fertilisers to promote the growth of a crop, means the amounts

(b)      The soil test to be taken into account for the purposes of paragraph (a) in relation to soil shall, subject to paragraph (c), be the soil test most recently taken in relation to that soil.

(c)      Where a period of six years or more has elapsed after the taking of a soil test in relation to soil the results of that test shall be disregarded for the purposes of paragraph (a) except in a case where that soil test indicates the soil to be at phosphorus index 4.

(3)  Without prejudice to the generality of sub-article (1) and subject to sub-article (4), the amount of available nitrogen or available phosphorus applied to promote the growth of a crop specified in Table 12, 13, 14, 15, 16, 17, 18, 19, 20 or 21 of Schedule 2 shall not exceed the amount specified in the table in relation to that crop having regard to the relevant nitrogen index or phosphorus index, as the case may be, for the soil on which the crops are to be grown.

(4)  In the case of a holding on which grazing livestock are held, the amount of available phosphorus supplied to the holding by the concentrated feedstuff fed to such livestock shall be deemed to be 0.5 kg phosphorus in respect of each 100 kg of such concentrated feedstuff.

(5) (a)       In the case of a holding on which grazing livestock are held, the amount of available nitrogen and available phosphorus supplied to the holding by manure from such livestock shall (save insofar as such manure is exported from the holding) be deemed to be the relevant proportion of the amount of available nitrogen and available phosphorus contained in the total manure produced by such livestock.

(b)       In paragraph (a), the -�relevant proportion-� means the proportion of a year as is represented by the storage period specified in Schedule 3 in relation to the holding.

PART 4

PREVENTION OF WATER POLLUTION FROM FERTILISERS AND CERTAIN ACTIVITIES

Distances from a water body and other issues

17.    (1)  Chemical fertiliser shall not be applied to land within 1.5 metres of a surface watercourse.

(d)  50m of exposed cavernous or karstified limestone features (such as swallow-holes and collapse features),

(e)  10m of a surface watercourse (other than a lake or a surface watercourse specified at paragraph (a)).

(4)  Farmyard manure shall not be held in a field at any time during the periods specified in Schedule 4 as applicable to that substance.

(5)    (a)    A local authority may, in the case of any particular abstraction point and following consultation with the Agency, specify an alternative distance to that specified in sub-article (2)(a), (b) or (c) where, following prior investigations, the authority is satisfied that such other distance as may be specified by the authority is appropriate for the protection of waters being abstracted at that point.

(b)  A distance specified by a local authority in accordance with paragraph (a) may be described as a distance or distances from an abstraction point, a geological or other topographical feature or as an area delineated on a map or in such other way as appears appropriate to the authority.

(6)  In sub-article (5), -�prior investigations-� means, in relation to an abstraction point, an assessment of the susceptibility of waters to contamination in the vicinity of the abstraction point having regard to-

(a)  the direction of flow of surface water or groundwater, as the case may be,

(b)  the slope of the land,

(c)  the natural geological and hydrogeological attributes of the area including the nature and depth of any overlying soil and subsoil and its effectiveness in preventing or reducing the entry of harmful substances to water, and

(d)  where relevant, the technical specifications set out in the document -�Groundwater Protection Schemes-� (and the relevant groundwater protection responses) published in 1999 (ISBN 1-899702-22-9) or any subsequent published amendment of that document.

(e)  the ground slopes steeply and, taking into account factors such as proximity to waters, soil condition, ground cover and rainfall, there is significant risk of causing water pollution.

(3)  A person shall, for the purposes of sub-article (2)(d), have regard to weather forecasts issued by Met Éireann.

(4)  Organic fertilisers or soiled water shall not be applied to land -

(a)  by use of an umbilical system with an upward-facing splashplate,

(b)  by use of a tanker with an upward-facing splashplate,

(c)  by use of a sludge irrigator mounted on a tanker, or

(d)  from a road or passageway adjacent to the land irrespective of whether or not the road or passageway is within or outside the curtilage of the holding.

(5)  Subject to sub-article (6), soiled water shall not be applied to land -

(a)  in quantities which exceed in any period of 42 days a total quantity of 50,000 litres per hectare, or

(b)  by irrigation at a rate exceeding 5 mm per hour.

(6)  In an area which is identified on maps compiled by the Geological Survey of Ireland as -�Extreme Vulnerability Areas on Karst Limestone Aquifers-�, soiled water shall not be applied to land -

(a)  in quantities which exceed in any period of 42 days a total quantity of 25,000 litres per hectare, or

(b)  by irrigation at a rate exceeding 3 mm per hour

unless the land has a consistent minimum thickness of 1m of soil and subsoil combined.

(7)  For the purposes of sub-article (6), it shall be assumed until the contrary is shown that areas so identified as -�Extreme Vulnerability Areas on Karst Limestone Aquifers-� do not have a consistent minimum thickness of 1m of soil and subsoil combined.

Limits on the amount of livestock manure to be applied

20.   (1)    Subject to this article, the amount of livestock manure applied in any year to land on a holding, together with that deposited to land by livestock, shall not exceed an amount containing 170 kg of nitrogen per hectare.

(2)    For the purposes of sub-article (1), the amount of nitrogen produced by livestock and the nitrogen content of livestock manure shall be calculated in accordance with Tables 6, 7 and 8 of Schedule 2 except in the case of pig manure or poultry manure where a different amount is specified in a certificate issued in accordance with Article 32 in relation to that manure.

(3)    For the purposes of sub-article (1), the area of a holding shall be deemed to be the net area of the holding.

Ploughing and the use of non-selective herbicides

21.  (1)    Where arable land is ploughed between 1 July and 15 January the necessary measures shall be taken to provide for emergence, within 6 weeks of the ploughing, of green cover from a sown crop.

(2)    Where grassland is ploughed between 1 July and 15 October the necessary measures shall be taken to provide for emergence by 1 November of green cover from a sown crop.

(3)    Grassland shall not be ploughed between 16 October and 30 November.

(4)    When a non-selective herbicide is applied to arable land or to grassland in the period between 1 July and 15 January the necessary measures shall be taken to provide for the emergence of green cover within 6 weeks of the application from a sown crop or from natural regeneration.

(5)    Where green cover is provided for in compliance with this article, the cover shall not be removed by ploughing or by the use of a non-selective herbicide before 15 January unless a crop is sown within two weeks of its removal.

dungsteads, farmyard manure pits or silage pits including an assessment of compliance with Articles 8 to 13,

(j)      the quantities and types of concentrated feedstuff fed to grazing livestock on the holding, and

(k)     the location of any abstraction point of water used for human consumption from any surface watercourse, borehole, spring or well.

(2)    Where fertiliser is used on a holding and a certificate of the type mentioned in Article 15 or 20 was issued in relation to that fertiliser in accordance with Article 32, a copy of the certificate shall be retained and be available for inspection on the holding for a period of not less than five years from the expiry of validity of the certificate.

(3)    Records shall be prepared for each calendar year by 31 March of the following year and shall be retained for a period of not less than five years.

False or misleading information

24.   A person shall not compile information which is false or misleading to a material extent or furnish any such information in any notice or other document for the purposes of these Regulations.

Authorised person

25.    (1)      In this article, -�authorised person-� means -

(a)      a person who is an authorised person for the purposes of section 28 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977), or

(b)      a person appointed under sub-article (12) to be an authorised person for the purposes of these Regulations.

(2)        An authorised person may for any purpose connected with these Regulations -

(a)      enter and inspect any premises for the purposes of performing a function under these Regulations or of obtaining any information which he or she may require for such purposes,

(e)      require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for a specified period,

(f)      require information from an occupier of the premises of any occupant of the vehicle or any person employed on the premises or any other person on the premises,

(g)      require the production of, or inspect, records (including records held in electronic form) or documents, or take copies of or extracts from any records or documents, and

(h)      remove and retain documents and records (including documents held in electronic form) for such period as may be reasonable for further examination

which the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any function under these Regulations.

(5)   (a)    An authorised person who, having entered any premises or boarded any vehicle pursuant to these Regulations, considers that a risk, to the environment arises from the carrying on of an activity at the premises or involving the use of the vehicle, may direct the owner or occupier of the premises or the driver of the vehicle to take such measures as are considered by that authorised person to be necessary to remove that risk.

(b)    If the owner, occupier or driver referred to in paragraph (a) fails to comply with a direction of an authorised person under this subsection, the authorised person may do all things as are necessary to ensure that the measures required under the direction are carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the owner or occupier by him or her, or the person by whom he or she was appointed.

(6)    A person shall not -

(a)  refuse to allow an authorised person to enter any premises or board any vehicle or to bring any person or equipment with him or her in the exercise of his or her powers,

(b)  obstruct or impede an authorised person in the exercise of any of his or her powers,

(10) When exercising any power conferred on him or her by these Regulations an authorised person shall, if requested by any person affected, produce a certificate or other evidence of his or her appointment as an authorised person.

(11) Where a member of the Garda Siochana has reasonable cause to suspect that a person has committed an offence under these Regulations the member may without warrant arrest the person.

(12) A person may be appointed as an authorised person for the purposes of these Regulations by the Minister, the Minister for Agriculture and Food or the Agency.

(13) In this article -�premises-� includes land whether or not there are any structures on the land.

Offences

26    (1)  A person who contravenes a provision of Parts 2 to 5 of these Regulations is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding six months or, at the discretion of the court, to both such fine and such imprisonment.

(2)   Where an offence under these Regulations has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if guilty of the first-mentioned offence.

(3)   Where the affairs of a body corporate or unincorporated body are managed by its members, sub-article (2) shall apply to the acts and defaults of a member in connection with the functions of management as if such a member were a director or manager of the body.

(4)   A prosecution for an offence under these Regulations may be taken by a local authority or the Agency.

(5)   A prosecution for an offence may be taken by a local authority whether or not the offence is committed in the functional area of the authority.

(6)   Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under these Regulations, measures (hereafter in this article referred to as -�an action programme-�) for the protection of waters against pollution from agriculture.

(2)   An action programme required by sub-article (1) shall include all such measures as are necessary for the purposes of Article 5 of the Nitrates Directive and shall contain a review of the action programme most recently made for those purposes and of such additional measures and reinforced actions as may have been taken.

(3)   The Minister shall ensure that all interested parties are given early and effective opportunities to participate in the preparation, review and revision of an action programme required by this article and for this purpose shall -

(a)    inform interested parties by public notices or other appropriate means including electronic media, in relation to any proposals for the preparation, review or revision of an action programme,

(b)    make available to interested parties information in relation to the proposals referred to in paragraph (a) including information about the right to participate in decision-making in relation to those proposals,

(c)    provide an opportunity for comment by interested parties before any decision is made on the establishment, review or revision of an action programme,

(d)    in making any such decision, take due account of the comments made by interested parties and the results of the public participation, and

(e)    having examined any comments made by interested parties, make reasonable efforts to inform those parties of the decisions taken and the reasons and considerations on which those decisions are based, including information on the public participation process.

(4)   The Minister shall ensure that such reasonable time is allowed as is sufficient to enable interested parties to participate effectively.

(5)   Where the Minister publishes any information in accordance with this article, the Minister shall -

(a)    do so in such manner as the Minister considers appropriate for the purpose of bringing that information to the attention of the public, and

(5)   Each monitoring programme prepared by the Agency for the purposes of article 10 of European Communities (Water Policy) Regulations, 2003 ( S.I. No. 722 of 2003 ) shall include provision for such monitoring as is necessary for the purposes of these Regulations.

(6)   The Agency may make recommendations and give directions to a local authority in relation to the monitoring and inspections to be carried out, or other measures to be taken, by the authority for the purposes of these Regulations.

Local authorities

30.    (1)  A local authority shall carry out, or cause to be carried out, such monitoring of surface waters and groundwaters at selected measuring points within its functional area as makes it possible to establish the extent of pollution in the waters from agricultural sources and to determine trends in the occurrence and extent of such pollution.

(2)   A local authority shall carry out or cause to be carried out such inspections of farm holdings as is necessary for the purposes of these Regulations and shall aim to co-ordinate its inspection activities with inspections carried out by other public authorities.

(3)   For the purposes of sub-article (2) a local authority shall aim to develop co-ordination arrangements with other public authorities with a view to promoting consistency of approach in inspection procedures and administrative efficiencies between public authorities and to avoiding any unnecessary duplication of administrative procedures and shall have regard to any inspection protocol which may be developed by the Minister, following consultation with the Minister for Agriculture and Food.

(4)   A local authority shall, in the exercise of its functions for the purposes of these Regulations -

(a)    consult to such extent as it considers appropriate with the Minister, the Minister for Agriculture and Food, the Agency, the co-ordinating local authority in the relevant river basin district and such other persons as it considers appropriate, and

(b)    have regard to any recommendations made, and comply with any direction given, to the authority by the Agency in accordance with Article 29.

(5)   A local authority may furnish to the Department of Agriculture and Food and such other persons as it considers appropriate a

(2)   A temporary exemption for the purposes of sub-article (1) shall be granted by way of certificate issued to a person by the Agency or the Minister for Agriculture and Food and shall be subject to such conditions, if any, as are specified in the certificate.

(3)   A certificate issued for the purposes of this article shall specify the nature, extent and duration of the exemption to which the certificate relates and a copy of the certificate shall be sent as soon as may be to the relevant local authority.

Transitional provisions

34.    (1)  A holding on which the application of fertilisers is carried out in accordance with a nutrient management plan approved on or before 1 December 2006 for the purposes of the Rural Environmental Protection Scheme shall be deemed to be compliant with the requirements of Article 16 for the duration of that plan.

(2)   Notwithstanding Articles 16 and 26, the application of nitrogen or phosphorus to land at any time prior to 30 October 2007 in quantities exceeding those prescribed by Article 16 shall not be an offence for the purposes of Article 16 in case where the nitrogen or phosphorus arises from an activity in relation to which there was in force on 30 April 2006 a licence under Part IV of the Act of 1992.

(3)   Notwithstanding Articles 16 and 26 and sub-article (2), the application to land prior to 1 January 2011 of phosphorus in excess of the quantities prescribed by Article 16 shall not be an offence for the purposes of Article 16 in a case where -

(a)    the excess arises from the application of spent mushroom compost or manure produced by pigs or poultry,

(b)    such compost or manure, as the case may be, is produced on a holding on which, on the making of these Regulations, activities were being carried on which gave rise to spent mushroom compost or manure from pigs or poultry and there has not been an increase in the scale of such activities on the holding subsequent to the making of these Regulations, and

(c)    the occupier of the holding on which the phosphorus is applied to land holds records which demonstrate compliance with paragraphs (a) and (b).

crucible, cool in a desiccator and determine the weight of the ash (final weight).

The organic matter of the soil is the difference in weight between the initial and final weights expressed as a percentage of the initial weight.

Soil Sampling Procedure

The soil sample shall be taken in accordance with the procedure as specified below:

a)   The sampling area shall not exceed 4 hectares. Exceptionally, where soil types and cropping of lands were similar during the previous five years, a sample area of up to 12 hectares shall be deemed acceptable.

b)   Separate samples shall be taken from areas that are different in soil type, previous cropping history, slope, drainage or persistent poor yields.

c)   Any unusual spots such as old fences, ditches, drinking troughs, dung or urine patches or where fertiliser or lime has been heaped or spilled shall be avoided.

d)   A field shall not be sampled for phosphorus until 3 months after the last application of any fertiliser containing this nutrient (chemical or organic).

e)   The sampling pattern shown in the figure below shall be followed. A soil core shall be taken to the full 100 mm depth. 20 cores shall be taken from the sampling area and placed in the soil container to make up the sample. Ensure the container is full of soil.

f)   The field and sample numbers shall be written/attached onto the soil container.

Figure 1: Sampling pattern

Table 3       Storage capacity required for dungstead manure

Table 4       Average net rainfall during the specified storage period.

Table 7 Amount of nutrient contained in 1m³ of slurry

Table 10 Determining nitrogen index for tillage crops

Table 13       Annual maximum fertilisation rates of phosphorus on grassland

Table 14      Annual maximum fertilisation rates of available nitrogen on grassland (cut only, no grazing livestock on holding)

Table 17       Maximum fertilisation rates of phosphorus on tillage crops

Table 19       Maximum fertilisation rates of phosphorus on vegetable crops

SCHEDULE 3

STORAGE PERIODS FOR LIVESTOCK MANURE

1.     The storage period specified for the purposes of Articles 9(2), 10(2) and 12 is-

(a)      16 weeks in relation to holdings in counties Carlow, Cork, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow;

(b)      18 weeks in relation to holdings in counties Clare, Galway, Kerry, Limerick, Longford, Louth, Mayo, Meath, Roscommon, Sligo and Westmeath;

(c)      20 weeks in relation to holdings in counties Donegal and Leitrim, and

(d)      22 weeks in relation to holdings in counties Cavan and Monaghan.

2.          Where a holding lies partly in one county and partly in one or more other counties, the holding shall be deemed for the purposes of this Schedule to lie wholly within the county in relation to which the longest storage period is specified by paragraph 1.

SCHEDULE 4

PERIODS WHEN APPLICATION OF FERTILISERS TO LAND IS PROHIBITED

1.     In counties Carlow, Cork, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow, the period during which the application of fertilisers to land is prohibited is the period from -

(a)      15 September to 12 January in the case of the application of chemical fertiliser

(b)      15 October to 12 January in the case of the application of organic fertiliser (other than farmyard manure)

Explanatory Note

These Regulations revoke, and re-enact with amendments, the European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2005 ( S.I. No. 788 of 2005 ). These Regulations come into effect generally on 1 August 2006 with later commencement dates for certain provisions.

These Regulations provide statutory support for good agricultural practice to protect waters against pollution from agricultural sources and include measures such as -

-�      set periods when land application of fertilisers is prohibited

-�      limits on the land application of fertilisers

-�      storage requirements for livestock manure, and

-�      monitoring of the effectiveness of the measures in terms of agricultural practice and impact on water quality.

The Regulations give further effect to several EU Directives including Directives in relation to protection of waters against pollution from agricultural sources (-�the Nitrates Directive-�), dangerous substances in water, waste management, protection of groundwater, public participation in policy development and water policy (the Water Framework Directive).

1.        O.J. No. L 194/39,25 July 1975

2.        O.J. No. L 129/23,18 May 1976

3.        O.J. No. L 20/43,26 January 1980

4.        O.J. No L 375/1, 31 December 1991

5.        O.J. No. L 327/1, 22 December 2000

6.        O.J. No. L 156/17, 25 June 2003