Minister for Agriculture, Environment and Rural Affairs, Michelle McIlveen, has said her department will consider on a case by case basis where - in exceptional circumstances - a farmer has spread slurry beyond the closed period.
The minister said she understood the difficulties caused by the recent wet weather including increased costs associated with worsening land conditions and housing of animals earlier than usual.
She further acknowledged that farmers faced increased difficulties with getting machinery onto land and that the weather also affected silage and arable crop harvesting and the emptying slurry of tanks before the deadline for the closed period.
Miss McIlveen said: “I understand that the recent wet weather has created difficult circumstances for farmers – especially in the north and west. I am aware that a number of calls have been made for farmers to be granted a dispensation to spread slurry during the closed period which comes into force on midnight on Saturday 15 October.
“While there is no legal provision in the Nitrates Action Programme (NAP) Regulations Northern Ireland (2014) to grant a complete waiver, I want to make it clear that under exceptional circumstances, beyond the control of and not foreseeable by an individual farmer, a defence may be made for non-compliance with some of the requirements of the NAP Regulations including spreading organic manures during the closed period.
“I believe that the challenges faced by some farmers over recent months as a result of high rainfall and the severe winter conditions in 2015 have been exceptional. Therefore where a farmer has reasonable cause to spread after the end of the season, the farmer will be able to spread.
“Such cases would be considered by the Northern Ireland Environment Agency (NIEA) on a case by case basis and must be evidence based showing that the farmer had taken all reasonable steps to manage the situation and was left with no alternative.
“I would encourage farmers who are experiencing particular difficulties to speak to either their DAERA Advisor or local farming organisation”.
The closed spreading period – from October 15 to January 31 - is a mandatory requirement of the Nitrates Directive.