Every year, around 2,000 farmers are penalised for breaches of the Nitrates regulations. Mostly it is due to a lack of understanding of the regime. It is not so much about the granular fertiliser you buy as the nitrogen and phosphorus generated by the stock on your farm and the meal they eat.

This year has seen 14,000 farmers receive a text notification that they were near the limits, and would need to be careful to avoid a breach and automatic penalty. That was back in early November.

In addition, a further 2,600 farmers who are stocked at higher than average rates but for whom the Department have no text contact details were sent a letter to this effect.

That’s one in six farmers who are regarded as being in the “at-risk category”.

Hundreds will fail to heed the warning, if past experience is anything to go by. Here are 10 simple steps to avoid a completely unnecessary penalty.

Open your post

If you are near the edge of the cliff, the Department of Agriculture will have been in touch.

Do not overstock

The nitrates limits are based on how many animals are on your holding compared with how many hectares you farm. The limit is 170kg/ha, or 250kg/ha of you apply and receive the derogation. A dairy cow is rated at 85kg, so two cows/ha then. Suckler cows are rated 65kg/ha, so 2.6 cows/ha is the maximum stocking rate.

If overstocked, take remedial action

If you have been contacted, and have assessed that you are near the limit, there is still time to take action. Three different measures are available to mitigate your slurry-to-land ratio, but you must act now.

Sell stock

The fewer animals you have, the less slurry they are going to produce. Obviously, with only two weeks left in the year, this measure will be of limited value, but if you are near the limit, selling a couple of animals now could make all the difference.

Take temporary grazing

Again, the ship has effectively sailed on this measure, but it could be that you took some land temporarily, for example aftergrass for grazing following a crop of hay or silage on a neighbouring farm, or stubble after harvest. More land reduces your nitrates profile. With catch crops and green cover more prevalent, this is a measure that many farmers should look to for next year.

Export slurry or farmyard manure (FYM)

This measure is still available for farmers. If you ship slurry or FYM off-farm, to be spread by a neighbour, that reduces your slurry/land ratio in a similar way to the previous measures.

Maintain and deliver your records

The records are straightforward. If you haven’t been keeping them, start for 2016 now, and you will catch up pretty quickly. To avail of the temporary grazing/land rental facility, or the slurry export, the relevant forms must be returned by 31 December. The Department helpline is 053-916 3444.

Soil test regularly

The nitrogen and phosphorus index of your soil will determine how much slurry you can spread. Regular and accurate testing of soil will provide the clearest picture as to what nutrient levels are in your soil, and what supplementation/replenishment is needed.

If testing at this time of year, be sure to take a core of at least 8in, to get a proper soil profile. Only tests taken in the last five years are acceptable. Index 3 is assumed for land where no tests are available. This is probably selling your land short; over half our land is either index 1 or 2.

Do not breach the nitrates regulations a second time

The first offence will attract an automatic penalty to your basic payment. Each subsequent offence will see that penalty trebled, up to a maximum of 15% of your overall payment. This is totally avoidable. To breach nitrates regulations once, as thousands of farmers have, is unfortunate, but twice is carelessness.

Changes ahead

For 2017, be aware the rules around pig slurry and poultry manure are changing. Until now, transitional arrangements were in place, where an allowance of 3kg/ha of phosphorus over the maximum crop requirement was allowed as long as the excess came from pig or poultry manure or spent mushroom compost. This is no longer the case from 1 January 2017, so if you have been using pig or poultry manure, familiarise yourself with the changes and how they affect you. Pig and poultry manure still represents an excellent form of crop nutrient, and is readliy available at a lower cost than chemical fertilizer,

Play your part

Nitrates penalties are avoidable and will hit your pocket, but there are also wider implications from your actions. The derogation is vitally important to our most intensive farms, but is conditional on Brussels deeming our nitrates programme effective. The Danes have lost their derogation, the Dutch are culling 170,000 cows to keep theirs. We all must play our part in adhering to the rules. It’s both the right and the bright thing to do.