The Department of Housing has finally released details of new nitrates rules for tillage, which do not require land going into winter cereals before 31 October to be cultivated after harvest.

The update was approved by Minister for Housing, Local Government and Heritage Darragh O’Brien TD and Minister for Agriculture, Food and the Marine Charlie McConalogue TD on Friday.

The new rules are effective from Thursday 28 July.

The Department has stated that: "Shallow cultivation/sowing of a crop post-harvest is now only required in counties Carlow, Cork, Dublin, Kildare, Kilkenny, Laois, Louth, Meath, Offaly, Tipperary, Waterford, Westmeath, Wexford and Wicklow.

"Where shallow cultivation is required, a minimum of 20% and a maximum of 25% of cereal land on each holding must not be subject to shallow cultivation to preserve food sources for farmland birds."

Further research

Further research will be carried out on the effect of the measures on bird species ahead of the 2023 interim review of the nitrates action programme.

The seven-day cultivation requirement has been extended to 10 days post-chopping of straw or baling.

However, the requirements still state cultivation must take place within 14 days of harvest (apart from where weather dictates that the requirements should not apply).

Soil consolidation will be allowed as an alternative to shallow cultivation where problem grass weeds such as bromes or blackgrass are a problem under limited circumstances.

Shallow cultivation is not required in the following cases:

  • Where the farmer is certified organic.
  • Where root crops or late harvested crops have been harvested (crops typically not harvested before late September).
  • Where a cereal crop or beans has been harvested after 15 September or where a cereal crop has been undersown with another crop.
  • Where a winter cereal crop, oilseed rape or beans is due to be sown on the land by 31 October.
  • Where the land is destined for use by the National Ploughing Association later that year or in the first two months of the following year and the farmer has documentary evidence to support this.
  • Late harvested crops requiring a 6m buffer along a watercourse does not need to see that buffer cultivated.

    • Reaction

    Kieran McEvoy of the Irish Farmers’ Association broadly welcomed the announcement and was glad that “common sense prevailed and the Department listened to the concerns in relation to counties in the west of Ireland where the stubble cultivation rules would not be workable”.

    He added that allowing 25% of land to remain uncultivated and having an allowance for grass weed problems made the rules more practical.

    BirdWatch Ireland stated it is “extremely disappointed that Minister O’Brien didn’t listen to the science on the importance of winter stubble for farmland birds and didn’t wait for the research to mitigate the impacts of his proposed Nitrates Action Programme change to require green cover on 75-80% of stubble lands.”

    “Policy changes and legislative decisions should be evidence based. This will come as a significant cost to birds like Annex 1 Hen Harrier and Golden plover, Yellowhammer and the 26 other species that are known to rely on stubbles for food in hungry winter months. Farmland birds are the group of birds that are worsening fastest in Ireland,” the statement continued.

    Bobby Miller of the Irish Grain Growers Group stated: “While not every grower will be satisfied with the outcome it is a far more practical solution than the initial proposals in our view. We welcome the announcement from the Housing Minister Darragh O'Brien to alleviate the uncertainty amongst tillage farmers about the regulations.”