Minister for Agriculture, Environment and Rural Affairs Michelle McIlveen said on Monday that following concerns raised over recent wet weather, her Department will consider on a case-by-case basis situations where – in exceptional circumstances – a farmer has spread slurry beyond the closed period.

As reported in the Irish Farmers Journal last week, the minister said she understood the difficulties caused by the recent wet weather including increased costs associated with worsening land conditions and housing of animals earlier than usual. She acknowledged that farmers faced increased difficulties with getting machinery on to land and that the weather also affected silage and arable crop harvesting and the emptying slurry of tanks before the deadline for the closed period.

McIlveen said: “I understand that the recent wet weather has created difficult circumstances for farmers – especially in the north and west. I am aware that a number of calls have been made for farmers to be granted a dispensation to spread slurry during the closed period, which comes into force on midnight on Saturday 15 October.

A defence may be made for non-compliance with some of the requirements of the NAP regulations, including spreading organic manures during the closed period

“While there is no legal provision in the Nitrates Action Programme (NAP) regulations Northern Ireland (2014) to grant a complete waiver, I want to make it clear that under exceptional circumstances, beyond the control of and not foreseeable by an individual farmer, a defence may be made for non-compliance with some of the requirements of the NAP regulations, including spreading organic manures during the closed period.

“I believe that the challenges faced by some farmers over recent months as a result of high rainfall and the severe winter conditions in 2015 have been exceptional. Therefore, where a farmer has reasonable cause to spread after the end of the season, the farmer will be able to spread.”

The minister added that such cases would be considered by the Northern Ireland Environment Agency (NIEA) on a case-by-case basis and must be evidence-based, showing that the farmer had taken all reasonable steps to manage the situation and was left with no alternative.

“I would encourage farmers who are experiencing particular difficulties to speak to either their DAERA adviser or local farming organisation.”

The closed spreading period – from 15 October to 31 January – is a mandatory requirement of the Nitrates Directive.

Farmers in the Republic

The news for farmers in the north comes in contrast with the news for farmers in the Republic. The Department of Agriculture told the Irish Farmers Journal last week that there are no plans at present to extend the slurry spreading deadline in the south.

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