The Farm Waste Grant (Nitrate Vulnerable Zones) (Wales) Scheme 2004

© Crown Copyright 2004

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Badge of Wales may be reproduced only where it is an integral part of the original document.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Farm Waste Grant (Nitrate Vulnerable Zones) (Wales) Scheme 2004, ISBN 0110909607. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"slurry" ("slyri") has the same meaning as in Regulation 2 of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991[2];

"nitrate vulnerable zone" ("parth perygl nitradau") means any area designated as a nitrate vulnerable zone by paragraph 3B of the Protection of Nitrate Pollution (England and Wales) Regulations 1996[3].

Payment and amount of grants
     3.  - (1) Subject to the following provisions of this Scheme, the National Assembly for Wales may make to any person one or more grants representing 40 per cent of the expenditure to be incurred by him for the purposes of or in connection with the carrying on of an agricultural business, being expenditure incurred after 29 June 2004 but before 31 October 2005 and which  - 

(a) is incurred in respect of  - 


(i) the provision, replacement or improvement of  - 


(aa) facilities (including safety fencing) for the handling and storage of manure, slurry and silage effluent;

(bb) fixed disposal activities for slurry and silage effluent, or

(cc) facilities (other than roofing) for the separation of clean and dirty water, where those facilities reduce the need to store slurry; or



(ii) any work, facility or transaction (including conservation or amenity works) incidental to any matter in respect of which a grant may be made under the foregoing provisions of this paragraph;



(b) appears to the National Assembly for Wales be of a capital nature or incurred in connection with expenditure of a capital nature;

(c) is approved by the National Assembly for Wales for the purposes of a grant under this Scheme; and

(d) does not in aggregate exceed £85,000.

    (2) Where it appears to the National Assembly for Wales that expenditure, in respect of which an application is made for a grant under sub-paragraph (1), is to be incurred partly for the purposes of or in connection with the carrying on of an agricultural business and partly for other purposes it may treat as being incurred for the purposes of or in connection with the carrying on of an agricultural business so much of that expenditure as appears to it to be referable to the carrying on of that agricultural business.

Financial Limits
     4.  - (1) If, in view of the total number of applications for grant already approved or received, the National Assembly for Wales is at any time of the opinion that the financial resources which are available for payment of grant under this Scheme during any period are insufficient to satisfy any payment during the period which would result from the approval of any further application, it may, in respect of any application received at the date of its decision but not yet accepted, or any application it may receive during the relevant period  - 

(a) suspend further consideration of any such application until such time as may subsequently be specified by it; or

(b) reject any such application without further consideration.

    (2) Notice of  - 

(a) a decision  - 


(i) to suspend consideration of any application under sub-paragraph (1)(a), or

(ii) to reject any application without further consideration under sub-paragraph (1)(b); or



(b) of the termination of the relevant period, shall be published in The London Gazette.

    (3) In sub-paragraphs (1) and (2), "the relevant period" means the period beginning with the day after the date of the decision of the National Assembly for Wales referred to in sub-paragraph (1), or any subsequent date specified by it in a notice under sub-paragraph (2)(a), and ending with such date as may be specified by it in a notice under sub-paragraph (2)(b).

Restrictions on the making of grants
     5. The National Assembly for Wales shall not make a grant under sub-paragraph (1) of paragraph 3  - 

(a) in respect of any agricultural business which is not at least partly carried out on land situated in a nitrate vulnerable zone;

(b) unless it is satisfied that the expenditure towards which the grant is to be made will result in some environmental benefit accruing to the nitrate vulnerable zone concerned;

(c) unless the requirements of Article 5 of Council Regulation (EC) No. 1257/1999[4] are satisfied;

(d) if the objective of the expenditure, in respect of which an application for grant is made, is an increase in production for which no normal market outlets can be found; or

(e) where the whole or part of such grant would duplicate assistance provided or to be provided out of monies by - 


(i) the European Community;

(ii) Parliament; or

(iii) a body exercising public functions within the United Kingdom.

Application for grant
     6.  - (1) Any application for a grant under this Scheme shall be made in such form and manner and by such date as the National Assembly for Wales shall determine, and an applicant shall provide all such particulars and information relating to the application as the National Assembly for Wales may reasonably require, including, where specified by it, relevant documents and records.

    (2) The National Assembly for Wales shall inform an applicant in writing whether the application is approved or not and, if it is not approved, shall give the reasons.

Revocation and transitional provisions
     7.  - (1) The Farm Waste Grant (Nitrate Vulnerable Zones) (Wales) Scheme 2001[5] (which is superseded by this instrument) is revoked.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6].


D. Elis-Thomas
The Presiding Officer of the National Assembly

23 June 2004

[2] S.I. 1991/324, as amended by S.I 1991/324.back

[3] S.I. 1996/888.back

[4] OJ No. L160, 26.6.1999, p.80.back

[5] S.I. 2001/3709.back

[6] 1998 c.38.back