The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019

Document Number:2019 No. 863 (W. 155)
 
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Welsh Statutory Instruments

Agriculture, Wales

Water, Wales

Made

10 April 2019

Laid before the National Assembly for Wales

12 April 2019

Coming into force in accordance with regulation 1

The Welsh Ministers are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to matters relating to the protection of waters against pollution caused by nitrates from agricultural sources and make these Regulations in exercise of the powers conferred by that section.

Title and commencement

  1. The title of these Regulations is the Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019 and they come into force 21 days after the date on which they are laid.

    Amendment of the Nitrate Pollution Prevention (Wales) Regulations 2013

  2. The Nitrate Pollution Prevention (Wales) Regulations 2013(3) are amended in accordance with regulations 3 to 8.

    Amendment of regulation 4 (transitional measures for holdings not previously in a nitrate-vulnerable zone)

  3. In regulation 4—

    (a) the existing paragraph is renumbered as paragraph (1) of that regulation;

    (b) after paragraph (1) (as renumbered) insert—

    “(2) In relation to a new holding—

    (a) regulations 12 to 22 , 23(3) , 24 , 25 , 30 to 33 and 36 to 46 do not apply until the beginning of the second calendar year after the year in which the Welsh Ministers revise or add to the designation of nitrate vulnerable zones under regulation 11(2) so as to include the new holding;

    (b) regulations 23(1) and (2) , 26 to 29 , 34 and 35 do not apply until 31 July in the third calendar year after the year in which the Welsh Ministers revise or add to the designation of nitrate vulnerable zones under regulation 11(2) so as to include the new holding.”

    Amendment of regulation 6 (interpretation)

  4. In regulation 6 , in the appropriate place, insert—

    ““new holding” (“daliad newydd”) means land and its associated buildings which become a holding as a result of the Welsh Ministers revising or adding to the designation of nitrate vulnerable zones following a review under regulation 11(3) , and which were not a holding immediately before the date of that revision or addition;”.

    Amendment of regulation 7 (designation of nitrate vulnerable zones)

  5. In regulation 7—

    (a) for paragraphs (2) and (3) substitute—

    “(2) An area is designated as a nitrate vulnerable zone for the purposes of these Regulations if, as an area of land that drains into polluted waters and contributes to the pollution...

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