To be eligible for the derogation, at least 80 per cent of a farmer’s land must be grassland and additional conditions, designed to protect waters, must be met.  Full details of the criteria can be found at: www.defra.gov.uk/environment/quality/water/waterquality/diffuse/nitrate/derogation.htm

Guidance for farmers on the derogated limit is available at:www.defra.gov.uk/environment/quality/water/waterquality/diffuse/nitrate/documents/leaflet-5a-guidance-for-farm-in-nvz.pdf

Further advice is available from the NVZ helpline: 0845 345 1302

Farmers can apply for the derogation via the Whole Farm Approach website: https://secure.services.defra.gov.uk/wps/portal/wfa.

What will the change mean?

• Any farmer in an NVZ which lies within a purple area will not need to comply with the current NVZ Action Programme rules requiring additional storage for slurry and poultry manure storage by 1st January 2012 (although you will still be required to comply with the rest of the Action Programme.)
• If you are in a purple area which is not to be de-designated at the next NVZ review, Defra has agreed that the compliance date for the installation of additional manure/slurry storage will be extended from 1st January 2012 to 1st January 2013.
• If you are in a purple area which is to be de-designated at the next NVZ review, you will no longer be in an NVZ from 1st January 2013 and you will not be required to comply with the NVZ rules.
• The changes the NFU has obtained may allow you to wait before starting any work necessary to comply with the storage rules until you know whether you will continue to be in an NVZ beyond 2012. However, if your storage project will take longer to complete than the 18 months available (ie between June 2011 and the revised compliance date of 1 January 2013), you may need to carry out initial work before June 2011 to enable you to meet the revised compliance date should you find that your area will continue to be an NVZ.

Maps of the Purple area in Shropshire can be found here:

http://web.adas.co.uk/defra/parts/Part%2016.html

http://www.defra.gov.uk/environment/quality/water/waterquality/diffuse/nitrate/derogation.htm

Farmers should apply retrospectively by end January 2010 for this year’s derogation. Details of how to apply will be available with the guidance leaflet to be published by the end of the year.  Derogation applications for 2010 will begin shortly after this, from 1 February to end April 2010.

• Have at least 70% of your land as grassland. (Grassland means any crop containing at least 50% grass, and any grass crop with less than 50% clover or other legumes);
• Comply with the limit of 250 kg/hectare of Nitrogen produced by grazing livestock per year. (Grazing livestock means cattle (with the exclusion of veal calves), sheep, deer, goats and horses)
• Comply with the limit of 170 kg N/hectare for manure from all other relevant livestock

From 2010 onwards you must have at least 80% of your land as grassland, and you will have to meet additional conditions to be eligible for the derogation, aimed at reducing the levels of nitrogen and phosphorus entering waters. These include:

• Submitting an application every year (from 1 February to 30 April)

• Preparing a fertilisation plan (or nutrient management plan), and keeping and submitting fertilisation accounts to the Environment Agency

• Immediately following ploughed grass with a crop with a high nitrogen requirement

• Not ploughing up temporary grassland on sandy soils between 1 July and 31 December

• Ensuring that every field has an analysis within the last four years showing phosphate indices.

• Not spreading livestock manures on grassland in the autumn before it is to be cultivated
• Not including leguminous or other plants fixing atmospheric nitrogen in the crop rotation

Environment Agency Grassland Derogation Factsheet

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