There can be a higher onus on farmers to justify autumn slurry spreading, after Defra revealed revised steering for the Surroundings Company (EA) on the Farming Guidelines for Water.
Nevertheless, fears {that a} Defra overview of the Farming Guidelines for Water might successfully end in an efficient ban on autumn spreading have been allayed, though some farmers will undoubtedly be affected by the modifications.
The FRfW have been launched to cut back and stop diffuse water air pollution from agricultural sources, masking the applying and storage of fertilisers and the administration of soil and livestock.
The principles are enforced by the EA in accordance with its revealed enforcement and sanctions coverage and steering, which units out the standards it ought to take into account when assessing whether or not to take enforcement motion beneath the laws.
Following a authorized problem in June 2024 by River Motion over the EA’s alleged failure to implement the laws to guard the River Wye type air pollution, Defra ministers had been contemplating whether or not to maintain, scrap or amend the steering. On Thursday, June 19, it revealed revised steering.
Beforehand, the steering was based mostly a crop’s complete nutrient requirement over the entire 12 months.
Nevertheless, the newly-published steering displays a key ruling from the case that nutrient purposes should be deliberate on the premise of soil and crop want on the time of utility, fairly than the annual crop cycle.
Vital threat
The brand new steering is much less prescriptive however clearly states that land managers should plan to keep away from vital threat of agricultural diffuse air pollution, together with not exceeding the wants of the soil and crop on the land.
“The wants of the crop and soil and the chance of diffuse air pollution will rely on particular person circumstances. The Surroundings Company ought to take these under consideration when assessing plans,” it says.
Land managers will more and more be required to reveal that they’ve deliberate purposes of natural manure or manufactured fertiliser in accordance with the principles. This consists of, for instance, a nutrient administration plan or different written plan.
Plans ought to reveal that land managers are planning to keep away from making use of natural manures that elevate the Soil Phosphorus Index (soil P index) above goal ranges for soil and crop on land.
It additionally states land managers ought to plan to have established inexperienced cowl by October 1 as an affordable precaution to assist stop agricultural diffuse air pollution ensuing from purposes to that land.
Enforcement
It additionally states that enforcement of particular person circumstances stays a matter for the EA to find out based mostly on the case’s specific circumstances.
The steering stresses that the company will typically prioritise giving recommendation and steering earlier than taking enforcement motion, simply as earlier than. It directs land managers to steering and grants, and schemes just like the Catchment Delicate Farming partnership.
However the company should escalate and impose civil or prison sanctions if acceptable, particularly if recommendation, steering and warning letters don’t obtain the required modifications in behaviours.
The Secretary of State could overview this steering at any time and, in any occasion, will achieve this no later than September 2028.
Trade response
NPA chief government Lizzie Wilson mentioned the affect on farms will rely on totally different circumstances, and likewise the extent to which land managers have supplied proof to justify their actions, resembling nutrient administration.
“Total, we’re cautiously optimistic about how the brand new steering is framed. This doesn’t equate a blanket ban on autumn spreading, however some farms can be affected and the supply of that justification can be key,” she mentioned.
An NFU spokesperson mentioned: “On account of modifications to the statutory steering, farmers could also be questioning whether or not, for instance, autumn spreading of manures continues to be attainable on account of these modifications.
“This isn’t one thing that the NFU can provide specific recommendation on because the scenario on every farm could also be barely totally different however people who’re involved about their scenario ought to take impartial skilled recommendation relating to their nutrient purposes, for instance, from a suitably certified agronomist.
“Having a correctly drawn up nutrient administration plan, with enter from an expert adviser might assist to reveal compliance with the necessities of the principles, as it’ll present that there’s an acceptable plan in place.”
