Tougher rules for larger farms, a crackdown on inadequate slurry storage and tighter monitoring of fertiliser sales are among the measures being considered in a review of Ireland’s nitrates laws.

A public consultation on Ireland’s Nitrates Action Programme (NAP), which gives effect to the nitrates regulation, was announced last Wednesday.

The regulations expire at the end of 2021 and a new NAP must be approved by the European Commission before it can be published at the beginning of 2022.

The upcoming review is widely expected to be the toughest to date, due to deteriorating water quality trends over the last four years.

The review document highlights that it will take place “in the context of significant greater environmental ambition” in the programme for government and at EU level.

Fertiliser and stocking rate revisions

A regime similar to that for pesticides where sales are recorded on a farm-by-farm basis will be considered for fertiliser. On top of detailed farm logs, merchants selling pesticides are required to record each farm’s purchases, a record which Department inspectors can access to ensure compliance. It would enable closer monitoring of individual farms’ fertiliser use and compliance with permitted fertilisation rates.

The Department wants to review “grazing intensity relative to whole farm stocking” based on the latest research available.

The Irish Farmers Journal previously revealed that stocking rates on the grazing platform would be put under the microscope.

A separate milking platform stocking rate would hit many farms, particularly fragmented ones and those relying on zero-grazing.

The review documents highlight that zero-grazing is being adopted by more and more farmers and the “best practice for grazing and nutrient management” will be examined as a result.

The most recent derogation review saw an upward revision of the excretion rate for dairy cows from 85kg N to 89kg N per cow. A full assessment of excretion rates for all animals is being considered this time, along with figures used to calculate slurry storage capacity and permitted fertilisation rates.

Slurry storage crackdown

The review states that it “has become clear in the past number of years that the slurry storage available on farms is not always sufficient”. The required slurry storage period for farms will be reviewed in the coming months. These range from 16 weeks in the southeast to 22 weeks in Cavan and Monaghan.

The practice of exporting slurry to comply with stocking rates needs “a full assessment”, the document says. The impact of these 5,511 farms is to be examined and potential additional controls will be considered. Both the Irish and European agriculture censuses have asked farmers to detail their slurry storage capacity.

Higher risks, more restrictions

The review document questions whether regulations that require farmers to prevent cattle access to watercourses should be extended.

From 1 January 2021, all farms stocked above 170kg N/ha will be required to fence watercourses 1.5m from the top of the riverbank or water’s edge.

Disparity

Larger herds are in the crosshairs due to “an increasing disparity between those with the largest herds in the country and those other farmers that are running average-sized herds”.

The Department asks if additional measures should be considered to mitigate the potential nitrates pressures these farms create.

Mandatory farmer training

A mandatory training requirement was introduced for all derogation farmers in 2020. The Department asks if all farmers should face increased requirements to participate in training courses or knowledge transfer events.

It says knowledge transfer provides farmers with a “better understanding of environmental protection, in general, and the impacts poor farming practices can have on local watercourses”.

One element highlighted for inclusion in training courses is nutrient management planning (NMP).

Derogation farmers are required to complete an NMP and the review says further mainstreaming of these tools will be a key component of any successful NAP.

The Department has also outlined its intention to complete an interim review of the nitrates regulations towards the end of 2023.

YOUR VIEWS: NITRATES ACTION PROGRAMME

Submissions, observations and comments on the fourth review of Ireland’s Nitrates Action Programme are currently being sought. The public consultation is open for the next seven weeks and the closing date for receipt of submissions is Friday 15 January 2021.

Those interested in making observations or comments should email them to wau@housing.gov.ie.

November 2020 to January 2021 - Initial public consultation

This has set out the potential issues to be considered and details the next steps in the process.

Mar to Apr 2021: Second public consultation

Following consideration of responses received in the coming weeks, the priorities for the NAP review will be established and potential changes outlined for further comment.

June 2021 - Report on second public consultation

This will outline what changes Ireland will be proposing to the EU and will address the concerns raised during the consultations.

Jun to Nov 2021: Secure approval at EU level

The draft new nitrates regulations will be presented to the European Commission and other member states for approval ahead of them entering into force in 2022.

Dec 2021: Publish new nitrates regulations

This document will set out the requirements for managing agricultural nitrates and phosphorous for next four years.