NITRATE VULNERABLE ZONES & RECORD KEEPING

Landlords letting land in NVZs out on grazing licenses need to be clear to whom belongs the responsibility for maintaining records relating to the NVZ regulations. These records, which can be onerous to put in place and update, are, nevertheless, a cross compliance requirement. They will be what the inspectors from the Environment Agency or the RPA will want to see. Failure to satisfy, could result in the loss of Single Farm Payment. For the answer to the question: is it the owner or the occupier of the land who is responsible for record keeping? We look to The Environment Agency’s “Nitrate Pollution Prevention Regulations Fact Sheet Three aptly entitled: Who is responsible for complying with the NVZ Regulations?” This document draws the distinction between owner and occupier of the land and places responsibility quite clearly on the licensor. The licensor is advised to consider NVZs when drawing up any agreements. At the end of the day, any breach goes against the claimant of SFP.