There will be a greater onus on farmers to justify autumn slurry spreading, after Defra published revised guidance for the Environment Agency (EA) on the Farming Rules for Water.
However, fears that a Defra review of the Farming Rules for Water could effectively result in an effective ban on autumn spreading have been allayed, although some farmers will undoubtedly be affected by the changes.
The FRfW were introduced to reduce and prevent diffuse water pollution from agricultural sources, covering the application and storage of fertilisers and the management of soil and livestock.
The rules are enforced by the EA in accordance with its published enforcement and sanctions policy and guidance, which sets out the criteria it should consider when assessing whether to take enforcement action under the regulations.
Following a legal challenge in June 2024 by River Action over the EA’s alleged failure to enforce the regulations to protect the River Wye form pollution, Defra ministers had been considering whether to keep, scrap or amend the guidance. On Thursday, June 19, it published revised guidance.
Previously, the guidance was based a crop’s total nutrient requirement over the whole year.
However, the newly-published guidance reflects a key ruling from the case that nutrient applications have to be planned on the basis of soil and crop need at the time of application, rather than the annual crop cycle.
Significant risk
The new guidance is less prescriptive but clearly states that land managers must plan to avoid significant risk of agricultural diffuse pollution, including not exceeding the needs of the soil and crop on the land.
“The needs of the crop and soil and the risk of diffuse pollution will depend on individual circumstances. The Environment Agency should take these into account when assessing plans,” it says.
Land managers will increasingly be required to demonstrate that they have planned applications of organic manure or manufactured fertiliser in accordance with the rules. This includes, for example, a nutrient management plan or other written plan.
Plans should demonstrate that land managers are planning to avoid applying organic manures that raise the Soil Phosphorus Index (soil P index) above target levels for soil and crop on land.
It also states land managers should plan to have established green cover by October 1 as a reasonable precaution to help prevent agricultural diffuse pollution resulting from applications to that land.
Enforcement
It also states that enforcement of individual cases remains a matter for the EA to determine based on the case’s particular circumstances.
The guidance stresses that the agency will generally prioritise giving advice and guidance before taking enforcement action, just as before. It directs land managers to guidance and grants, and schemes like the Catchment Sensitive Farming partnership.
But the agency may still escalate and impose civil or criminal sanctions if appropriate, in particular if advice, guidance and warning letters do not achieve the necessary changes in behaviours.
The Secretary of State may review this guidance at any time and, in any event, will do so no later than September 2028.
Industry reaction
NPA chief executive Lizzie Wilson said the impact on farms will depend on different circumstances, and also the extent to which land managers have provided evidence to justify their actions, such as nutrient management.
“Overall, we are cautiously optimistic about how the new guidance is framed. This does not equate a blanket ban on autumn spreading, but some farms will be affected and the provision of that justification will be key,” she said.
An NFU spokesperson said: “As a result of changes to the statutory guidance, farmers may be wondering whether, for example, autumn spreading of manures is still possible as a result of these changes.
“This is not something that the NFU can give particular advice on as the situation on each farm may be slightly different but individuals who are concerned about their situation should take independent professional advice regarding their nutrient applications, for example, from a suitably qualified agronomist.
“Having a properly drawn up nutrient management plan, with input from a professional adviser could help to demonstrate compliance with the requirements of the rules, as it will show that there is an appropriate plan in place.”