Slurry Regulations: Waterways - How to interpret this clause

[Xiaomi]

How is the red text below to be interpreted - having a debate with another person about what this means - I think it is #1 - he thinks it is #2? Who is right?

What combination of (i) - (iii) are defined here?

Is it saying distance can be reduced to 3m if:

1. incline of less than 10% AND spreading using LESSE AND (the area is either less than 1ha OR less than 50m wide)
2. incline of less than 10% AND (spreading using LESSE OR area less than 1ha OR less than 50m wide)

(5) Subject to paragraphs (6) and (9), the land application of organic manure shall not be permitted within—

(a)20 metres of lakes;

(b)50 metres of a borehole, spring or well;

(c)250 metres of a borehole used for a public water supply;

(d)15 metres of exposed, cavernous or karstified, limestone features (such as swallow-holes and collapse features); or

(e)10 metres of any waterway, other than lakes, including open areas of water, open field drains or any drain which has been backfilled to the surface with permeable material such as stone or aggregate; except that

(f)the distance mentioned in sub-paragraph (e) may be reduced to 3 metres of any waterway where the land has an average incline of less than 10% towards the waterway and where—

(i)organic manure is spread close to the ground using a bandspreader, dribble bar, trailing hose, trailing shoe or soil injection;

(ii)the adjoining area is less than 1 hectare in size; or

(iii)the adjoining area is not more than 50 metres in width.

Link: The Nutrient Action Programme Regulations (Northern Ireland) 2019

 

[Dry Rot]

This sort of nonsense is becoming the norm. No one can communicate in English any more. It is even the more unacceptable when contained in a legal document.

I seriously believe we all have a duty to report such nonsense to this organisation with the hope that they will bring pressure to bear to get it sorted out:

Plain English Campaign

Plain English Campaign is an independent group fighting for plain English in public communication. We oppose gobbledygook, jargon and legalese.

www.plainenglish.co.uk

 

[Mouser]

Number 2 is right. Lesse reduces the distance as does small/narrow fields. Doesn't need to be both.

It's written as:must be less than 10% slope and either i, ii or iii.

 

[Xiaomi]

As usual after you ask a question you find the intention...

A reminder of the changes to applying slurry prior to and following the closed period

The College of Agriculture, Food and Rural Enterprise (CAFRE) has issued a reminder that the closed period for applying slurry will arrive soon.

www.daera-ni.gov.uk

A reminder of the changes to applying slurry prior to and following the closed period

The buffer zone of 3m when using Low Emission Slurry Spreading Equipment (LESSE) and for small fields, as specified in the Nutrients Action Programme (NAP) 2019 – 2022, has been increased to 5m during these two months. These measures only apply to the months of October and February either side of the closed period.

 

[DaveGrohl]

Number 2 is right. Lesse reduces the distance as does small/narrow fields. Doesn't need to be both.

It's written as:must be less than 10% slope and either i, ii or iii.

It would be a hell of a lot clearer if they'd put or on a separate line, and even more clear if there was a separate or between i ii and iii.
As they're written it it could easily mean that you must have i, but you must also have either ii OR iii to accompany i.
It is the very opposite of clear the way they've chosen to write it.

Shame no one bothered to proof read it......

 

[Dry Rot]

It would be a hell of a lot clearer if they'd put or on a separate line, and even more clear if there was a separate or between i ii and iii.
As they're written it it could easily mean that you must have i, but you must also have either ii OR iii to accompany i.
It is the very opposite of clear the way they've chosen to write it.

Shame no one bothered to proof read it......

I just assumed 'lesse' was a spelling mistake....but then I don't know a lot about slurry.