New water rules aim to prevent pollution
The Government is making changes to the legislation affecting the farming rules for water pursuant to what is called “The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018” which will come into force on April 2.
There has been public debate about pollution of the water table and water supply by substances, some of which are used in the farming industry. The outcome of the debate is framed in the new rules and which as stated will:
• Promote good practice in managing fertilisers and manures.
• Encourage land managers to take reasonable precautions to prevent diffuse pollution from run-off or soil erosion.
• Require soil tests at least every five years.
There is likely to be more coverage in the press in the near future. Apparently soil testing will be introduced in a phased way so that proper soil testing carried out in the four years before the rules come into effect can be taken into account.
The rules apply in a number of ways. Rule 1 deals with the use of manures and fertilisers and lists those which will cause significant pollution risk and will also take into account other factors such as the slope of the agricultural land (especially if it is greater than 12 degrees), any ground cover, the proximity to inland fresh waters, the proximity of wetlands, the presence and condition of agricultural land drains.
Rule 2 looks at the storage of organic manures which among other things must not be stored on land within 10 metres of inland fresh water, or where there is a significant risk of pollution entering inland fresh waters, or within 50 metres of a spring, well or borehole.
In more general terms Rules 3, 4 and 5 deal with the application of organic manures and manufactured fertilisers. Rule 6 provides reasonable precautions to prevent soil erosion and run-off from the application of organic manure or manufactured fertiliser, land management and cultivation practices, and also poaching by livestock.
There is insufficient space in this article to consider the wider issues other than the fact that livestock feeders must not be positioned in breach of the recommendations.
The Government has a website where more detail can be located which is www.gov.uk/government/publications/farming-rules-for-water-from-april-2018.
For further advice please contact me on 01743 266268 or s.corfield@fbcmb.co.uk.
Steven Corfield is a partner and agricultural specialist at Shropshire law firm FBC Manby Bowdler LLP.
