IMPRACTICAL APPLICATIONS

Amuch-anticipated announcement from the Environment Agency (EA) might have removed a significant threat to autumn field applications of manure and slurry and given growers clarity on the future approach to the Farming Rules for Water – and in particular, ‘rule one’.

But while August’s regulatory position statement (RPS) means some spreading will be possible this autumn,

Introduced in 2018, the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations, commonly referred to as the Farming Rules for Water (FRW), apply across the whole of England. There are eight high-level rules: five around the use of organic manures and manufactured fertilisers and three around soil management.

The ‘rule one’ section of the regulations requires farmers to plan each application of organic manure or manufactured fertiliser so that it does not ‘exceed the needs of the soil and crop on that land’ or ‘give rise to a significant risk of agricultural diffuse pollution’.

Defra said the FRW would standardise good farm practices that many are already performing in new approach to regulation. It promised a win-win for farmers and the environment that would help businesses save money.

However, the NFU says a stringent and short-sighted interpretation of the FRW by the Environment Agency has put these ambitions in doubt. significant concerns remain over how practical the requirements are.

The statement came against a hardening line on the enforcement of rule one since 2019 and an indication from the EA that most manure and fertiliser applications this autumn would be likely to breach the rule.

The NFU, acting on reports from members, made representations at the highest levels of Defra and the EA to raise concerns. But it says the RPS will have bought only very limited relief.

The RPA suggested a slightly more relaxed approach from the EA until the end of February 2022 – but only if a string of caveats are met.

While slurry or manure spreading will be allowed this autumn providing there is no pollution risk, and can exceed the needs of the soil or crop in certain situations, applications on bare land will be prohibited and farmers will still need to show that nutrients do not exceed the requirements of a crop for the duration of its growing cycle.

Elsewhere, there are conditions around application rates and the type of land where spreading will be permitted and regular checks will be required before, during and afterwards. Farmers must also tell the EA that they wish to use the RPS – and must be able to show it is their only option. The EA says it will monitor compliance through “proportionate, risk-based inspection and monitoring”.

NFU Deputy President Stuart Roberts called the approach idealistic and impractical in many farming situations.

He added: “We’ve made multiple approaches urging Defra and the EA to set achievable objectives to make best use of organic manures, slurries and biowastes. But this seems to have been ignored and I am still to hear from Defra ministers despite having written twice in recent months.

“To find ourselves in this situation so close to autumn shows a complete lack of appreciation of the bigger picture; these materials improve soil health and replace man-made fertilisers, while use at this time of year reduces ammonia emissions compared to applications in the spring.

“This legislation must be applied in a way that recognises the wider benefits of using organic manures sustainably.”

The NFU has escalated the issue to the highest levels and will continue discussions with the EA, government and stakeholders to find a longer-term solution. It says that, as well as a more nuanced interpretation of the regulations from the EA, that might involve a multi-year transition period that allows farmers to take advantage of an improved nutrient management offer from Defra.