Don't jump the gun on NVZs

Published on Monday, 19 November 2012 11:20

Posted by Vicki Mitchem

Recent media comments on the 'de-designation' of the Nitrate Vulnerable Zone covering the River Dove could be misleading, the NFU has warned.

In that case the Environment Agency decided not to contest an appeal affecting most of the area. However, this does not mean that current NVZ rules immediately cease to apply.

The formal decision on an NVZ designation appeal rests with the tribunal.

Only when it has published a decision is the position confirmed (even the Secretary of State cannot over-rule the tribunal, although a court challenge on a point of law is possible).

Tribunal decisions must then become law through the next set of NVZ regulations.

Only when these have come into force does a successful appeal become effective.

The new NVZ regulations were expected to be implemented from 1st January 2013.

However, the process is running behind schedule and the regulations could be slightly delayed. Watch this space for more information on the timescale.

Source: ©NFU