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The Nitrates Action Programme has been in existence across NI since 2007 and has been reviewed and updated every four years.
A new programme, to run from 2019 to 2022, should be in place this spring.
It is an important piece of legislation for farmers as it has brought in various rules, including closed periods for spreading slurry and inorganic fertiliser, and a manure Nitrogen (N) limit of 170kg/ha
That has been driven mainly by concerns around water quality, specifically the leaching of nitrates and phosphorus into waterways.
However, the latest proposals coming from DAERA build on the previous programmes and incorporate new measures to control and limit excess phosphorus use, as well as ammonia emissions. It is all wrapped up in the new Nutrients Action Programme (NAP).
Normally, when the government is consulting on new legislation, the industry would be given 12 weeks to make a formal response.
However, this time around only four weeks have been given.
The main issue is to get everything agreed with the European Commission before the UK exit from the EU.
But given Brexit, it begs the question why is the Department seeking approval from the Commission at all? It could wait and bring the rules in under domestic law.
There seem to be two key issues, the first being that we want to maintain the derogation that allows some farms (currently 478) to operate at 250kg manure N/ha rather than the standard 170kg.
Failing to get this approved now would mean that the derogation is not available in 2019, as it would take time to bring it in via UK law.
The second issue is that we want to demonstrate to future trading partners that NI is serious about its environmental responsibilities, and can point to an internationally approved environmental plan in line with EU member states.
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