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1. The storage of and application 1 of fertiliser to land other than: a)The storing of slurry and silage in accordance with the requirements of the Silage, Slurry and Agricultural Fuel Oil (Scotland) Regulations 2003 or b)The application of sludge to land in accordance with the Sludge (Use in Agriculture) Regulations 1989 as amended or c)The application of waste to land in accordance with a waste management licence or a registered exemption under the Waste Management Licensing Regulations 1994 as amended | 1. No fertiliser 2 shall be stored on land that: | PEPFAA Code (2005) |
(i) is within 10 metres of any river, burn, ditch 3, pond, loch, wetland, or coastal waters; | PEPFAA Code 4:3 Don't adapted |
(ii) is within 50 metres of any well, spring or borehole; | PEPFAA Code 4:15 Do adapted |
(iii) is waterlogged; or | new |
(iv) has an average soil depth of less than 30 cm and overlies gravel or fissured rock 4. | new |
2. No fertiliser shall be applied to land that: | PEPFAA Code 4:6 Don't with amendment |
(i) is within 10 metres of any river, burn, ditch 3, pond, loch, wetland, or coastal waters, unless that fertiliser is an inorganic fertiliser in which case it shall not be applied to land that is within 5 metres of any river, burn, ditch, pond, loch, wetland, or coastal waters; (ii) is within 50 metres of any well, spring or borehole used for public or private water supply unless that fertiliser is an inorganic fertiliser in which case it shall not be applied to land that is within 10 metres of any well, spring or borehole; (iii) is steeply sloping with a gradient in excess of 15° 4,5, unless that fertiliser is an inorganic fertiliser; (iv) is waterlogged, frozen 6, or covered with snow; or (v) is at risk of flooding or of experiencing heavy rainfall within a short time (up to 72 hours) of the activity being undertaken. | 4 Point Plan (4PP)/ PEPFAA Code 4:6 Don't with amendments |
3. No slurry shall be: | |
(i) injected to a depth greater than 10 cm into land with gravel backfilled drains; or | new (compare PEPFAA para 2.18) |
(ii) injected or spread on land that has been moled, subsoiled or drained in the previous 12 months. | PEPFAA Code 4:10 Don't |
(iii) Injected or spread on land that has an average soil depth of less than 30 cm and overlies gravel or fissured rock 4. | new |
4. All reasonable steps shall be taken to ensure that fertilisers are not applied to land in quantities which exceed the nutrient needs of the crop, or crops, to be grown during the growing season. | PEPFAA Code 6A:6, 10, 11 and 12 Do adapted, 6B:5, 9, 10 and 11 Do adapted, and 5:18 Do |
5. Any equipment used to apply fertiliser shall be subject to a suitable system of maintenance and maintained in an efficient state, in efficient working order and in good repair | new |
6. All reasonable steps shall be taken to prevent the entry of clean surface water run-off into slurry and silage effluent stores. | PEPFAA Code 4:9 Do |
2. Keeping of livestock | 1. Livestock shall be kept in such a way that they do not: | |
(i) Cause erosion or poaching of any land that is within 5 metres of a river, burn, ditch, pond, loch or wetland; or | 1. (i) GAEC measure 4 (+5m rule) |
(ii) Enter any land that is within 5 metres of a well, spring 7 or borehole. | (ii) new to support private water supply regulations |
2. Livestock feeders shall be positioned at least 20 metres from any river, burn, ditch, pond, loch, wetland, or coastal waters. | 2. PEPFAA 3:18 Do - amended |
3. Veterinary medicines shall be handled and applied in such a way that they do not pollute the water environment. | 3. Adapted from PEPFAA 2:5 Do |
3. Land cultivation | 1. No agricultural land shall be tilled for cropping that is: | |
(i) Within 2 metres of any ditch, river, burn, pond, loch or wetland; | (i) new ( PEPFAA 3:16 Do amended) |
(ii) Within 5 metres of any well, spring, or borehole; or | (ii) new-private water supply |
(iii) Waterlogged . [Cultivation should be delayed until the soil has drained to field capacity.] | (iii) GAEC measure 9 - amended |
2. All reasonable steps shall be taken to ensure that soil erosion resulting from land cultivation is minimised, including; (i) ensuring that all cropped land has crop, grass or stubble cover or a roughly cultivated surface over the following winter (ii) maintaining soil structure and surface drainage (iii) creating fine seed beds as close to sowing as is reasonably practicable (iv) preventing soil capping 8 (v) using suitable break crops in arable rotations. | PEPFAA section 3, GAEC |
3. In forestry ground preparation the operator shall limit cultivation to the minimum extent and depth required for satisfactory tree establishment and shall restrict moling to slopes less than 4.5º. | F&W Guidelines page 28 |
4. In forestry ground preparation the operator shall leave uncultivated buffer areas (excluding excavator mounding for the establishment of riparian woodlands) as follows: i) at least 20 metres on either side for watercourses of channel width in excess of 2 metres, and by the shores of lochs and reservoirs. ii) at least 10 metres on either side for watercourses of channel width 1-2 metres and for smaller channels where fish spawn. iii) at least 5 metres on either side for watercourses of channel width less than one metre, except where steep ground is dissected by numerous small streams and the creation of buffer areas alongside the smallest of streams is not possible or desirable in terms of landscape quality. 5. During forestry operations the operator shall not let machinery work in or ford watercourses, except where purpose-built fords already exist; watercourses shall be crossed only at appropriately designed and constructed crossing points. 6. All reasonable steps shall be taken to ensure that any new forestry planting or restocking does not result in the acidification of surface water. 7. The operator shall ensure that forest harvesting does not pollute surface waters and/or groundwater. | F&W Guidelines pages 26 and 28 |
4. Discharge of surface water, via either a drainage system or overland flow, to the water environment as a result of land management excluding roads, yards and other built up areas. | 1. Reasonable efforts shall be made to ensure that the discharge shall not result in pollution of the water environment. | adapted from GBR 10 - CAR |
2. New drainage for forestry shall be designed and implemented to control run-off and erosion on the following principles: | F&W Guidelines pages 28-30 |
i) Stop plough furrows and ditch ends short of buffer areas. ii) Do not end drains in natural channels, ephemeral streams or old ditches running directly into a watercourse. iii) Align ditches and drains so that the gradient does not exceed 2º. iv) Leave a 3-5 metre wide ditch-side uncultivated zone at the ends of plough furrows on slopes over 5º. | F&W Guidelines page 29 |
3. No discharge from agricultural or forestry drainage shall result in the destabilisation of the banks or bed of the receiving surface water. | GBR 10, F&W Guidelines page 31 compare PEPFAA paragraph 2.10 |
4. Natural watercourses shall not be diverted into cultivation channels or drains. | F&W Guidelines page 30 |
5. Maintenance of ditches shall not be undertaken during periods in which fish are likely to be spawning in the ditch or in water courses directly connected to the ditch, nor in the period between such spawning and the emergence of the juvenile fish. | GBR 6(f), F&W Guidelines page 31 |
5. Construction and maintenance of waterbound 9 roads, tracks and paths | 1. The operator shall ensure that the construction and maintenance of new roads, tracks and paths does not pollute watercourses, lochs or wetlands as follows: i) Do not use acidic, metal or sulphide-rich spoil from mine workings for road construction ii) Do not use quarry dust as a surface dressing. iii) Do not divert natural watercourses into roadside drains. iv) Roadside drains must not discharge directly into watercourses, but rather through a buffer area of adequate width to retain sediment. | F&W Guidelines page 31 |
6. The handling and use of pesticides | 1. The preparation of pesticides for application and the cleaning or maintenance of pesticide sprayers shall be undertaken in conditions such that any spillages or washings will be prevented from: i) directly entering the water environment; ii) indirectly entering the water environment unless via a treatment system designed to prevent pollution by pesticides. | PEPFAA 9:10 Do |
2. No pesticides shall be applied within 10 metres of any river, burn, ditch, pond or wetland, or within 20 metres of freshwater lochs or within 50 metres of any well, spring or borehole unless an appropriate risk assessment has shown that the use of a lesser distance would not result in pollution of the water environment. However, up to a limit to be specified, pesticides may be applied to land, provided that the application is on land which is not being cultivated on a commercial basis. | Extension of PEPFAA 9:1 Don't |
3. Spraying equipment shall be subject to a suitable system of maintenance and maintained in an efficient state, in efficient working order and in good repair. | PEPFAA Code 9:8 Don't |
4. Sprayers shall not be filled with water taken from the water environment unless: (i) a device preventing back siphoning is fitted to the system; or (ii) the water is first placed in an intermediate container . | PEPFAA Code 9:3 Don't |
5. Pesticide-treated trees shall not be soaked in any river, burn, ditch, pond, loch or wetland. | F&W Guidelines page 37 |
7. Operating sheep dipping facilities | 1. After any sheep has been dipped it shall not be allowed access to any river, burn, ditch, freshwater loch or wetland until its fleece is dry or at least 24 hours has passed. | Extension of PEPFAA Code 8:13 Do - amended |
2. No part of any sheep dipping facility, either as mobile dipper or constructed after 1 st April 2007, shall be located within 50m of any river, burn, ditch, pond, freshwater loch or wetland or within 50m of any well, spring or borehole. | PEPFAA Code 8:7 Don't amended |
3. The sheep dipping facilities shall be maintained such that they do not leak and do not have any outlets. | PEPFAA Code 8:8 Don't |
4. The sheep dipping facilities shall not be filled with water taken from the water environment unless: (i) a device preventing back siphoning is fitted to the system; or (ii) the water is first placed in an intermediate container. | Sheep Dipping Code of Practice |
5. Sheep dip baths shall be emptied within 24 hours following completion of dipping, and the waste sheep dip disposed of in accordance with a licence under the Water Environment (Controlled Activities) (Scotland) Regulations 2005. | PEPFAA Code 8 :10 Don't - amended |
1 Application is defined as spreading, spraying, incorporating or injecting onto or into land
2 Fertiliser is defined as any substance containing plant nutrients which is utilised on land to enhance plant growth; it may include inorganic fertilisers and animal manures and slurries. Materials covered by Waste Management Licensing or Sludge Use in Agriculture legislation is not governed by these GBRs. Forestry brash is not regarded as a fertiliser in this context.
3 Ditch is defined as an open channel which collects and conveys drainage water to the wider surface water environment. The drainage water may be from surface or subsurface drainage.
6 It is not prohibited to spread farmyard manure on frozen ground.
8 Soil capping is the formation of a crust on the soil surface which impedes infiltration
Pesticides include herbicides, insecticides, fungicides, molluscicides and rodenticides.