Application form

Time is running out for the approximately 7,000 farmers who have until 30 April to make a nitrates derogation application. Farmers who were granted a derogation in 2017 also have until 30 April to submit fertiliser accounts in relation to 2017. For farmers entering into derogation for the first time, guidance may be needed from your adviser. However, for farmers who have had a derogation before they should be able to apply themselves.

A derogation allows for the application of a higher amount of livestock manure above the rate of 170kg of N/ha. If granted a derogation, farmers are able to apply up to 250kg/ha. If stocking rates exceed 250kg/ha, then slurry will have to be exported. “The actual application form itself is straightforward. It is the accompanying documentation that requires more work,” according to Michael Quinn, an agricultural adviser who covers the Westmeath, Offaly, Cavan and Monaghan areas for Teagasc.

For the application form, farmers are required to choose their livestock enterprise(s) and what storage period they are in. If 20% or more of your holding lies within one or more counties with the higher storage requirement, you must follow the rules that apply to the zone where the greater storage capacity is required.

You must also provide the eligible area of your holding and the eligible grassland area of the holding. To be granted derogation, 80% or more of the area available to farmers must be grassland. Temporary grassland must be ploughed in from 1 February to 30 April. Farmers must also fill in the date of the last soil analysis. Additional documents which must be uploaded include a farm sketch and nutrient management plan.

Soil sampling

A farm map must be submitted with the derogation application indicating the location of individual fields and their corresponding soil sample, unless soil samples have been submitted in 2015, 2016 or 2017. New applicants who do not have soil sample analysis must assume index 3 for 2018 but they must have samples taken and analysed and the fertiliser plan amended accordingly by 31 March 2019. Under the new Nitrates Action Programme (NAP), farmers are required to have a soil sample for every 5ha of land – this is down from 8ha.

Farmers who submitted a derogation application in 2017 and have since taken soil samples must have their updated fertiliser plan uploaded before 30 April 2018.

A farmyard sketch must also be submitted and fully labelled, showing the manure storage facilities and the livestock housing in place on the farm. The sketch does not have to be very detailed but it must show the location of all structures around the farmyard.

Fertiliser plans

2017 derogation farmers are also required to have their fertiliser accounts submitted online by 30 April 2018, under the section for the 2017 application. “Farmers need to be aware of their maximum chemical N and P limits, which is on their nutrient management plan. A lot of derogation farmers would be pushing that limit so they have to be careful,” Michael said. Fertiliser accounts must show all of the chemical fertiliser spread on the farm over the year.

For new fertiliser plans, they must be based on results of soil analysis dated after 15 September 2014. The fertiliser plan can only be produced by the Teagasc online nutrient management plan (eNMP), which all advisers would have access to. Farmers do not have to submit a fertiliser plan if they have submitted one in 2015, 2016 or 2017. A fertiliser plan is meant to be in place by 1 March for the year you apply for the derogation.

The cost to get a NMP completed is approximately €350 excluding the cost of the soil samples. The cost to get the derogation application made for the first time through Teagasc is €360, not including the Teagasc membership fee. To get the derogation application made every year can vary from €260 to €405, depending on the size of the farm. This includes the Teagasc membership fee.

New rules

The new nitrates action plan means that 50% of all slurry produced on the derogation farm must be applied annually before 15 June. After this date, slurry can only be applied using low-emission slurry spreading equipment.

According to Michael, farmers have expressed concern at the costs involved with getting a contractor in to spread small amounts of slurry over the summer.

Additionally, livestock manure must not be spread in the autumn, from 1 August to 30 October, before grass cultivation.

Intensive farms can apply for a derogation but must have adequate slurry and soiled water storage for all animals on the holding during the winter of 2018-19. Soiled water can be spread using a splash plate. However, soiled water mixed with slurry is defined as slurry. This is where the benefits exist in keeping the two separate.

Farmers in derogation are also not allowed to import any livestock manure on to the holding as importation will result in the withdrawal of derogation.

Changes

The new nitrates action plan has more changes that will affect farmers in the coming years. For farmers in derogation stocked above 170kg N/ha they are required to fence cattle 1.5m out from watercourse by 1 January 2021. The fence only has to be stock-proof, with electric fencing suitable.

Additionally, farmers in derogation must keep drinking points at least 20m away from a watercourse as ground can become poached, leading to nutrient run-off.

These must be taken into account, especially for expanding dairy farms when installing drinkers over the next number of years.