New water rules will have "advice-led" approach
Following public discussion about water pollution in the farming industry, the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 came into force on April 2.
These regulations have introduced eight ‘water quality’ rules which all farmers within England must comply with, and are based on three key principles - keeping soil on the land through precautionary measures and risk assessments; matching nutrients to crop and soil needs through regular soil testing; and improving practices with regard to the use and storage of fertilisers and manure, to prevent their entry to water.
Five of the rules are specific to the application and storage of organic manure and manufactured fertiliser. These rules set out when they may be applied and the minimum distances from inland freshwaters, coastal waters, springs, wells and boreholes in which they may be both stored and applied.
The remaining three rules relate to soil management, requiring measures to be put in place to reduce the risks associated with applications of organic manure and manufactured fertiliser.
This involves consideration of the weather forecast, the likelihood of agricultural diffuse pollution, for example the land’s gradient, and planning ahead prior to any organic manure or fertiliser applications so that the nutrient needs of the crop or soil are not exceeded.
As part of this, soil sampling and analysis must be carried out on cultivated agricultural land every five years. In addition, the last rule relating to soil management requires landowners to prevent poaching occurring near to inland fresh waters or coastal waters, and for livestock feeders to be positioned away from inland freshwaters, coastal waters, springs, wells and boreholes.
Many farmers already comply with these rules due to the crossover between the Agricultural Diffuse Pollution (England) Regulations 2018 and the requirements of farmers claiming the Basic Payment Scheme and those who are within Nitrate Vulnerable Zones for Surface or Ground Water.
That said, the Environment Agency will be responsible for monitoring compliance and it is proposed that the rules are rolled out through an ‘advice-led approach’. Initially, this will involve the Environment Agency helping landowners to identify where they are falling short of the requirements and where necessary, agreeing timescales with the landowners for these issues to be rectified.
For further details on the eight ‘water quality’ rules please visit, https://www.gov.uk/guidance/rules-for-farmers-and-land-managers-to-prevent-water-pollution
Camilla Whitehouse BSc (Hons) is a graduate surveyor with Nock Deighton
