How the Farming Rules for Water have changed and what steps Yorkshire farmers need to take
As the Farming Rules for Water are updated for Environment Agency enforcement action, John Ashworth, senior associate at Wilkin Chapman Rollits, explains the steps that farmers need to take.
Hosepipe bans for much of Yorkshire, parts of North Lincolnshire and parts of Derbyshire came into force on July 11, prohibiting the use of hosepipes for various everyday activities from watering the garden and washing the car to filling a paddling pool. Anyone breaching the ban could face a fine of up to £1,000.
With Yorkshire experiencing its driest and warmest spring on record water pollution may not be at the forefront of farmers’ minds, however the statutory guidance to the Environment Agency (EA) for enforcing The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 a.k.a. the Farming Rules for Water, have been updated.
What steps can a farmer take to prevent the EA from taking enforcement action:
- Demonstrate that they have planned applications of organic manure or manufactured fertiliser in accordance with the Farming Rules for Water. This includes, for example, a nutrient management plan or other written plan
- Plans should be proportionate to the needs of individual circumstances, informing decisions about applying organic manures and manufactured fertilisers show an assessment of the crop nutrient requirement for each cultivated land parcel
- Assessment of the crop nutrient requirement should be informed by a manual, farm software, nutrient management tools or a suitably qualified professional
- They must plan to avoid significant risk of agricultural diffuse pollution and demonstrate that they are planning to take all appropriate reasonable precautions to help mitigate against the risk of agricultural diffuse pollution
- They must not plan to apply more nitrogen than the soil and crop need on that land
- Plans should demonstrate that land managers are planning to avoid applying organic manures that raise the Soil Phosphorus Index above target levels for soil and crop on land
Reasonable precautions can include:
- Planning to have established green cover by 15 October to help prevent agricultural diffuse pollution resulting from applications to that land.
- Incorporating organic manures into soils, unless there are appropriate agronomic or environmental reasons not to.
- Enforcement of individual cases remains a matter for the EA to determine based on the case’s particular circumstances. However, by following the latest guidance, farmers can reduce the prospect of enforcement where pollution is cause inadvertently.
Contact John Ashworth on 01482 323239, email [email protected] or Tom Hickingbottom on 01522 515594, email [email protected]