Pollution (Water Management) (Jersey) Order 2020
Made 26th February 2020
force in accordance with Article 10
THE MINISTER FOR THE ENVIRONMENT makes this Order under
Articles 14 and 52 of the Water Pollution (Jersey) Law 2000, having consulted such other
Ministers and other persons as the Minister considers appropriate in accordance
with Article 9(2), and having complied with the requirements of Article 10,
of that Law –
this Order –
“inland water” means any water of the
description set out in Article 2(1)(c) of the Water Pollution (Jersey)
“RB209” means advice taken from the RB209 Fertiliser Manual published by the Agriculture and
Horticulture Development Board, or, in relation to provisions of the Manual
that do not apply to Jersey, an equivalent manual or relevant advice in writing
from a suitably qualified expert in relation to fertilisers.
the purposes of paragraph (1), an expert is suitably qualified if he or
she is qualified under the Fertiliser Advisers Certification and Training
Scheme (FACTS) or is certificated by an equivalent body as having met the
equivalent standard of expertise as would be gained from FACTS.
of Water Management Areas
land in Jersey is designated as one of 8 Water Management Areas.
8 areas are delineated by a geographic information system (GIS) map that is
available to view on a website under the control of the Department for the
Schedule contains a representation of the map for information purposes only.
of restrictions and requirements
restrictions and requirements imposed by this Order apply in respect of any
person who imports, sells, purchases, stores or uses any fertiliser in the
course of a business activity or operation in any Water Management Area
designated by this Order.
this Order does not apply to –
(a) any landscape gardener
working on land that forms part of the corpus fundi of a property primarily
used as a dwelling;
(b) any amenity land.
this Article “amenity land” means any land (not covered by a building) used as
a park, garden, playground, golf course, sports field or for any other
fertiliser may be stored within –
(a) 50 metres of a
borehole, well or spring, being a groundwater source the abstraction of water
from which is registered or licensed under the Water Resources (Jersey)
Law 2007; or
(b) 10 metres of any
fertiliser to be used as a soil enhancer must not be stored in any location for
more than one year and that location must not be used again for such storage
for at least 2 years after it was last so used.
paragraphs (1) and (2) do not apply if the storage is in a building or
other structure (whether temporary or permanent), other than one newly-erected
for the purposes of storing the fertiliser, that is of such a construction, and
maintained to such a standard, as to prevent any run‑off or leaching of
fertiliser from the building or structure.
and management of fertiliser use
Article applies to any person who uses or plans to use fertilisers on any land.
persons to whom this Article applies must have in place and follow –
(a) a written plan (the
“nutrient management plan”) that complies with paragraph (3) and provides
for the proper use of fertilisers on the land to which they are to be applied
so as to minimise the risk of pollution to controlled waters, whether or not
that use is for all or part of the year;
(b) a written plan (the
“organic fertiliser management plan”) that complies with paragraph (4) and
provides for the proper storage, management and use of organic fertiliser in
relation to any soil to which it is added to improve the soil’s productivity so
as to minimise the risk of pollution to controlled waters,
and the plans must be
reviewed and updated each year, or more frequently if a change in circumstances
nutrient management plan must include the following information for all the
land on which fertiliser is to be applied –
(a) a field-by-field plan (or
a plan by reference to another geographical unit where one or more fields are
managed together by all users of those fields) that is prepared in advance of
the fertiliser use and updated as necessary;
(b) an assessment of the
nutrient requirement of each planting or crop in accordance with RB209;
(c) an assessment of the
nutrient supply from any organic fertiliser, integrating the information
contained in the organic fertiliser management plan (if any);
(d) a calculation of the
appropriate level of nutrients to be supplied by the fertiliser by taking into
account the contribution to the nutrients already in the soil from organic fertiliser
and from earlier plantings;
(e) a record of the actual
quantities of fertiliser to be applied to land on a field-by-field basis.
organic fertiliser management plan must include the following matters –
(a) an assessment of –
(i) the adequacy of the
storage arrangements based on the production of organic fertiliser over any
12-month period, and
(ii) whether or not there is
sufficient land available to spread it using the maximum field application rate
set out in Article 7(2)(c) and (3), taking into account any period when it
cannot be spread and any other restrictions on spreading;
(b) the identification of
suitable and unsuitable areas for the application of organic fertiliser, taking
account of factors such as slope, soil type and the proximity of controlled
waters by recording on a map, to be known as the “field-by-field risk map” –
(i) areas where organic fertiliser
must not be applied due to the high risk of causing pollution to controlled
waters as “high risk/no application”,
(ii) areas where organic fertiliser
either must not be applied under certain conditions or where application must
be restricted as “moderate risk/special conditions”, and
(iii) the remaining areas as
(c) a description of the risk
assessment that must be carried out so as to minimise the risk of water
pollution during and after application of the organic fertiliser to the land,
(i) reference to the
field-by-field risk map,
(ii) an assessment of the
weather and field conditions, and
(iii) what to do in the event
of a water pollution incident.
information in the plans must be shared with any user of the land so as to
enable that user to meet the requirements of Article 9.
equipment used to apply fertiliser must be maintained in a good state of
calibration of all mechanical fertiliser application equipment must be carried
out at least once a year.
to paragraph (2)(b), the quantity of fertiliser applied must not exceed
that recommended by RB209.
must not be applied –
(a) in the case of nitrogen
fertiliser, to any crop of Jersey Royal potatoes in excess of 210 kg per
(b) in the case of inorganic
phosphorus fertiliser, to soils with a P soil index in excess of 4, unless the
user of that fertiliser provides independent evidence to satisfy the Minister that,
due to the low soil temperature, the application of fertiliser with a P soil
index in excess of 4 is necessary to meet reasonable growing conditions; and
(c) in the case of organic
fertiliser, so that the total level of nitrogen in any 12‑month period –
(i) in the case of livestock
manure, are in excess of 170 kg per hectare, and
(ii) in any other case, are
in excess of 250 kg per hectare.
if the only organic fertiliser to be applied is compost that –
(a) does not contain
(b) is applied as mulch or
worked into the ground;
(c) is produced to the
British Standards Institute specification for composted materials PAS100:2011 or equivalent standard; and
(d) the Minister has given
written permission for the application,
the compost may be applied
in levels of up to 500 kg of nitrogen per hectare over any 24-month
organic fertiliser may be applied to land that is –
(a) within 50 metres of
a groundwater source mentioned in Article 4(1)(a);
(b) within 10 metres of
any inland water;
(c) frozen, waterlogged,
compacted on the surface or covered with snow; or
(d) a loafing paddock or
other heavily-grazed field.
inorganic fertiliser may be applied to land that is –
(a) within 5 metres of a
groundwater source mentioned in Article 4(1)(a);
(b) within 5 metres of
any inland water; or
(c) frozen, waterlogged,
compacted on the surface or covered with snow.
spreading of organic fertiliser with a high readily available nitrogen content
as defined in RB209 is permitted between 1st November
and the following 15th of January in any year except with the written
permission of the Minister.
this Article “P soil index” means the level of phosphorus in soil as measured
in accordance with RB209.
must be managed in such a way that the risk of pollution to controlled waters
person who manages that land must have in place a written plan, to be known as
a “soil protection plan”, designed to allow for the sustainable management of
the soil in a way that optimises the productivity of the land and minimises the
risk of pollution to controlled waters.
soil protection plan must be reviewed and updated each year, or more frequently
if a change in circumstances so requires, and must include the following
(a) a statement setting out
the measures undertaken to protect the soil and manage its cultivation along
with a water pollution risk assessment in respect of the land;
(b) the identification of
each field under cultivation of which is or may be at risk of water pollution
due to factors such as erosion, compaction or persistent loss of soil, poor
draining or poaching by livestock;
(c) where factors giving rise
to a risk of water pollution occur regularly, the measures put in place for
addressing them, including an appropriate timescale for review of the measures
and an assessment of their success.
person who uses fertilisers on that land must –
(a) be in possession of an
analysis of the soil on that land that is less than 4 years old, showing the
magnesium, phosphorus, potassium and pH indices in accordance with RB209; and
(b) take this analysis into
account when calculating any fertiliser requirement.
record must be kept of every fertiliser imported, sold or purchased by any
person responsible for the importation, sale or purchase, containing the
following information –
(a) the quantity of
fertiliser imported, sold or purchased;
(b) the mass and
concentration of nitrogen, phosphorus or other elements in the fertiliser;
(c) the nature and
composition of the fertiliser;
(d) the date of import, sale
(e) the intended use of the
(f) the name and contact
details of the person importing, selling or purchasing the fertiliser.
record must be kept of the nature and composition, including nutrient content,
of any fertiliser that is stored, including where and for how long it is stored
and how that storage is managed in order to minimise any risk of water pollution.
records and plans required to be kept under this Order must be –
(a) provided to the Minister on request;
(b) kept for a minimum of 4 years; and
(c) made available for inspection by the Minister on request.
records and plans required to be kept under this Order must be such as will
enable the Minister to ascertain the extent to which the requirements of this
Order are being met and must be available in electronic form.
This Order may be cited
as the Water Pollution (Water Management) (Jersey) Order 2020 and comes into
force as follows –
(a) Articles 1, 2, 10
and the Schedule 7 days after the day the Order is made;
(b) Articles 3 to 9 on
1st February 2021.
deputy j.h. young of st.
Minister for the Environment