Controlling land and the Nitrates Directive

Many farmers are unaware that land they farm may not be under their control for compliance of the Nitrates and Phosphorus Regulations. With conacre now being taken for next year, it is important that farmers establish who is the “controller” of that land as the “controller” of the land is responsible for complying with the rules.

The owner of land is assumed to be the controller and responsible for the land from 1 January to 31 December unless evidence can be provided to the contrary. This evidence can either be if the tenant is claiming Single Farm Payment (SFP) on the land for that period or if there is a written agreement between owner and tenant establishing control of land.  This agreement should clearly identify the two parties, and the exact location and area of land and the calendar year(s) to which it applies. A written agreement should transfer the responsibility for compliance of the Nitrates and Phosphorus Regulations 2006 only and does not affect your other SFP obligations.

(For claimants of SFP remember that all land farmed must be included on the IACS Form.)  

There can be only one controller in the year.  If land is farmed by farmers other than the controller it still remains the responsibility of the controller to ensure compliance.  For example if the controller allows another farmer to grow winter cereals on the land, the controller must ensure that the growing of the winter cereals complies with the Regulations. On common ground there is a collective responsibility for all graziers to comply.

For further information please contact Countryside Management Branch staff at your local DARD office.