Farmers who are found to breach compliance with the new nitrates regulations upon inspection could be faced with a financial penalty and, or, a temporary removal of their derogation.
The Department of Agriculture, Food and the Marine (DAFM) confirmed to Agriland that a minimum of 1% of holdings operating under the regulations will be inspected each year.
It stated that non-compliance, including that which is non-intentional, will be penalised in the form of a reduction to direct payments.
“Where breaches are found which are considered non-intentional or intentional, it may result in the application of a financial reduction to the applicants payments.
“The reduction in the payment will depend on the extent, severity and permanence of the non-compliance,” it added.
Furthermore, the department explained where the same rule is found to have been breached more than once in three consecutive calendar years, a higher financial reduction will be applied.
The department also told Agriland that farmers operating in derogation who are not compliant with all terms and conditions may have their derogation revoked for the year of the inspection and the subsequent year.
A cross-reporting system is also in place, which allows external authorities and other non-department inspection bodies to report breaches of regulations to the department.
This system will also act as a facility for non-compliance reports to be made, and reports made through this pathway can bring a financial penalty to applicants.
Nitrates regulations changes
As of January 1, 2023, a number of new changes were made to the nitrates regulations, including a requirement for all farms with a stocking rate greater than 150kg of organic nitrogen (N)/ha, to spread their slurry using low emission slurry spreading (LESS).
The maximum amount of chemical N allowed to be spread by farmers was also reduced by 10%, and a chemical fertiliser database is set to be developed.
Finally, the changes saw the introduction of cow banding, which estimates the organic N excretion rate of dairy cows based on annual milk reports and Animal Identification and Movement System (AIMS) data.