NFU Position:
NFU environment forum chairman Mark Pope said: “Agriculture has an important role in maintaining and protecting our soils and water, as well as supporting a productive food sector and farmers have made significant changes and improvements in recent years; fertiliser application rates have decreased since the 80’s, nutrients are being used more efficiently and farmers are protecting water voluntarily through industry-led initiatives.
“That is why there is concern over what the impact will be for farmers on the ground and how the new rules will be interpreted.
“We are encouraged by the fact that the new rules will provide farmers with an advice-led approach to demonstrate best practice, but surprised that they are being introduced in April 2018 and ahead of our exit from the EU.
“The NFU will be seeking clarity from Defra and the Environment Agency on the scope and impact of the new rules, but also reassurances that Brexit provides an opportunity to devise a regulatory regime that supports productive agriculture while also protecting the environment.”
The consultation for the rules was launched back in 2015 and ran from 29 September to 24 November 2015. NFU’s response to the consultation can be found here.
The new rules will provide farmers with an advice led approach to demonstrate best practice but the details of exactly what this will look like is yet to be determined. More details of how the rules will work will be published with the final legislation.
The are eight new rules that are listed below.
Organic manures and manufactured fertilisers
1 a) Application of organic manures and manufactured fertilisers to cultivated land must be planned in advance to meet soil and crop nutrient needs and not exceed these levels
b) Planning must take into account where there is a significant risk of pollution* and the results of testing for Phosphorus, Potassium, Magnesium, pH and Nitrogen levels in the soil, which must be done at least every 5 years.
2. Organic manures must not be stored on land:
a) within 10 metres of inland freshwaters or coastal waters,
b) where there is significant risk of pollution entering inland freshwaters or coastal waters
c) within 50 metres of a spring, well or borehole
3. Organic manures or manufactured fertilisers must not be applied:
a) if the soil is waterlogged, flooded, or snow covered
b) if the soil has been frozen for more than 12 hours in the previous 24 hours
c) if there is significant risk of causing pollution
4. Organic manures must not be applied:
a) within 10 metres of any inland freshwaters or coastal waters, except, if precision equipment is used, within 6 metres of inland freshwaters or coastal waters1
b) within 50 metres of a spring, well or borehole
5. Manufactured fertiliser must not be applied within 2 metres of inland freshwaters or coastal waters
Soil management
6. Reasonable precautions to prevent significant soil erosion and runoff from:
a) the application of organic manure or manufactured fertiliser
b) land management and cultivation practices (such as seedbeds, tramlines, rows, beds, stubbles (including harvested land with haulm), polytunnels and irrigation)
c) poaching by livestock
7. Any land within 5 metres of inland freshwaters and coastal waters must be protected from significant soil erosion by preventing poaching by livestock
8. Livestock feeders must not be positioned:
a) within 10 metres of any inland freshwaters or coastal waters
b) within 50 metres of a spring, well or borehole
c) where there is significant risk of pollution from poaching around the feeder entering any inland freshwaters or coastal waters
The NFU will be seeking clarity from Defra and the Environment Agency on the scope and impact of the new rules, but also reassurances that Brexit provides an opportunity to devise a regulatory regime that supports productive agriculture while also protecting the environment.
More information on the rules can be found at: