Nitrate Vulnerable Zones (Scotland) Regulations 2008 - action programme: consultation response - review of measures

Introduction

Purpose

This document summarises the consultation responses received and sets out the Scottish Government’s response to the consultation: The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008: A review of measures. In doing so, it sets out the outcomes of the review of measures in the Action Programme for Nitrate Vulnerable Zones.

Background

The run-off or leaching of nutrients, such as nitrate, from agricultural activities remains a cause of poor water quality in some of Scotland's rivers, lochs and groundwaters.

In 1991, the European Union (EU) adopted the Nitrates Directive 01/676/EEC aiming to reduce water pollution caused by nitrates from agricultural sources. This is done by monitoring nitrate concentrations of water bodies, designating Nitrate Vulnerable Zones (NVZ) where concentrations of nitrates in water bodies exceed or are approaching 50 mg/L, and establishing implementing measures to prevent and reduce pollution from nitrates.

We have a range of measures to tackle rural diffuse pollution. In NVZs specifically, our Nitrate Vulnerable Zones Action Programme (NVZ-AP) sets out measures that farmers must comply with, on land lying within the NVZs, to reduce nitrate loss from agricultural land. The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 introduced the revised Action Programme with effect from 1 January 2009. The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 came into force on 15 May 2013 and introduced further controls.

Regulation 6(6) of the Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 requires that we review and if necessary, revise the NVZ-AP at least every 4 years. This review draws on scientific research, and new evidence affecting NVZ-AP measures - taking account of the varying agricultural, soil and climatic conditions that can be found in Scotland. Under regulation 6A of the 1996 Regulations, we also ensured that the public was given the opportunity to participate in the review or revision of the NVZ-AP. A formal public consultation was carried out using the Scottish Government’s Citizen Space platform. This allowed respondents to submit views online or by post, with questions inviting agreement or disagreement on proposed measures and encouraging the submission of supporting scientific evidence. Stakeholders were asked to provide feedback on our reviews of current measures and suggest future research priorities.