ARCHIVE: Higher Nitrogen limit for application of livestock manure

The Nitrate regulations are in place to reduce nitrate entering England’s rivers and groundwater from agriculture. They help to keep rivers in a healthy condition and protect our drinking water. One control that the Nitrate regulations establish is a livestock manure nitrogen farm limit of 170 kg of nitrogen per hectare per year, which came into force on 1st January 2009.

Following Defra’s successful request for a derogation from this limit in 2009, grassland farmers of grazing livestock are able to apply up to 250 kg of nitrogen per hectare per year (N/ha/yr) if they submit a successful application each year and meet certain conditions aimed at reducing the levels of nitrogen and phosphorus entering waters. The Commission Decision (PDF 720 KB) (on Europa website) granting this derogation has been implemented in England through the Nitrate Pollution Prevention (Amendment) Regulations 2009 (PDF KB) (on OPSI website). Guidance for farmers wishing to apply for the derogation has been published in leaflet 5a. To be eligible for a derogation farmers must have at least 80% of their land as grassland, and agree to meet additional conditions. These include:

  • Submitting an application every year
    • between 1st October and 31st December 2010 for 2011 derogations and
    • between 1st October and 31st December 2011 for 2012 derogations;
  • Preparing a nitrogen and phosphate application plan for each field;
  • Keeping a record of your calculation showing compliance with the livestock manure N farm limits (plus some other records) and submitting some of these records to the Environment Agency for inspection by 30 April in the calendar year following the derogated year.
  • Immediately following ploughed grass with a crop with a high nitrogen requirement.
  • Not ploughing up temporary grassland on sandy soils between 1 July and 31 December.
  • Not ploughing an area of grass before 16 January if you have spread livestock manure to that area between the following dates:
    • Sandy soils: 1 Sept to 31 Dec
    • All other soils: 15 Oct to 15 Jan
  • Ensuring that every field has an analysis within the last four years showing phosphate indices.
  • Not including leguminous or other plants fixing atmospheric nitrogen in the crop rotation

This derogation is estimated to reduce the costs to the farming industry of complying with the Nitrates Directive by £16.2m – £21.0m per year.

Farmers wishing to take advantage of the grassland derogation in 2011 must apply by 31 December 2010 using the Whole Farm Approach website, or direct to the Environment Agency by telephone or post.

Page last modified: 10 November 2010
Page published: 21 September 2009