Jurisdiction: Wales

Commencement: 15th July 2024

Amends: Agriculture (Wales) Act 2023
Mini Summary

The Agriculture (Wales) Act 2023 established a framework to ensure that land management in Wales is sustainable.

As part of this framework, 4 key objectives have been established.

  1. To ensure that food and goods are produced sustainably.
  2. To mitigate and adapt to climate change.
  3. To maintain and enhance the resilience of ecosystems*.
  4. To conserve and maintain public access and engagement with the countryside.

*Ecosystem resilience refers to:

  • the diversity of ecosystems;
  • the connectivity of ecosystems;
  • the adaptability of ecosystems; and
  • the condition of ecosystems and habitats.

Duties
There are no duties for organisations; duties are held by the Welsh Ministers.

 

Amendment

Section 24 (Agricultural Holdings: dispute resolution relating to financial support) is brought into force on 15th July 2024.


This amendment has no direct environmental relevance.


 

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

Jurisdiction: Scotland

Commencement: 31st July 2024

Amends: New Legislation


Mini Summary

Scottish Ministers are provided with powers to support rural land management and the environment. For information only, there are no direct compliance duties for organisations under this Act.

Summary
This Act provides a framework for Scottish Ministers to support agriculture, rural communities and the rural economy, including through the facilitation of on-farm nature restoration, climate mitigation and adaptation.

Scottish Ministers may support rural land management and the environment for the purposes given in Part 5 of Schedule 1


This can include providing assistance to people to:

  • promote, protect or improve plant and soil health;
  • preserve or protect land and water;
  • monitor and reduce greenhouse gas emissions;
  • adapt to or mitigate against climate change;
  • monitor, preserve, protect, improve and restore biodiversity; and
  • compensate for costs incurred and lost income due to environmental improvement measures.
Duties

There are no direct compliance duties for organisations under this Act.


 

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

Jurisdiction: Wales

Commencement: 29th April 2023

Amends: The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 SI 2021/77 (W.20)
Mini Summary

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 SI 2021/77 (W.20) implement measures to address agricultural pollution in Wales by setting rules for certain farming practices.

They apply to all farm businesses in Wales. Anyone who is the owner or occupier (e.g. tenants, graziers) of an agricultural land holding (regardless of its size) is responsible for complying with these Regulations.

Provisions are included around the following:

  • nutrient management planning;
  • sustainable fertiliser applications linked to the requirement of the crop;
  • protection of water from pollution related to when, where and how fertiliser are spread; and
  • manure and silage storage standards.

Natural Resources Wales (NRW) is responsible for enforcing these Regulations.

Revocations
Previously, water quality was protected by preventing nitrates from agricultural sources polluting ground and surface waters via Nitrate Vulnerable Zones (NVZs)* that were in place and these Regulations revoke and replace The Nitrate Pollution Prevention (Wales) Regulations 2013, which means the existing NVZ designations are no longer applicable.

These Regulations also revoke and replace The Water Resources (Control of Pollution) (Silage and Slurry)(Wales) Regulations 2010as these Regulations now set the requirements for silage making, storage of silage effluent and for slurry storage systems. The Regulations are revoked in how they apply to farms situated in a NVZ from 1st April 2021 and fully for all other farms from 1st April 2024.

*Nitrate Vulnerable Zones (NVZs) are areas within Wales that contain surface water or groundwater that is susceptible to nitrate pollution from agricultural activities. A map of these areas can be found here. Note that these Regulations have now replaced NVZs.

Transition period
Requirements are being phased in for farms not previously located in a NVZ over three years, with certain requirements applying from 1st January 2023, 31st October 2023 and 1st April 2024:

  • Regulations 4 and 36 apply from 31st October 2023.
  • Regulations 5 to 11, 15, 23, 27 and 33 to 43 apply from 1st January 2023.
  • Regulations 17 to 21, 25 and 26, and 28 to 31 apply from 1st August 2024.

All other parts of the Regulations applied from 1st April 2021. More information can be found in the duties section below. For farms that were previously located in a NVZ, they needed to be compliant with the Regulations on 1st April 2021 (the date they come into force).

 

Duties

Various duties apply.

Amendment

The dates in The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) Regulations 2022 have changed. The implementation date for regulation 4 (Application of livestock manure – total nitrogen limit for the whole holding) and regulation 36 (Record of nitrogen produced by animals on the holding) is now 31st October 2023.

Requirements are added for occupiers of a holding or part of a holding that was not previously located within a Nitrate Vulnerable Zone. These requirements are set out below.

*12-month period means the period 31st October to 30th October.

 

Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

Jurisdiction: Wales

Commencement: 31st December 2022

Amends: The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021
Mini Summary

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 implement measures to address agricultural pollution in Wales by setting rules for certain farming practices.

They apply to all farm businesses in Wales. Anyone who is the owner or occupier (e.g. tenants, graziers) of an agricultural land holding (regardless of its size) is responsible for complying with these Regulations.

Provisions are included around the following:

  • nutrient management planning;
  • sustainable fertiliser applications linked to the requirement of the crop;
  • protection of water from pollution related to when, where and how fertiliser are spread; and
  • manure and silage storage standards.

Natural Resources Wales (NRW) is responsible for enforcing these Regulations.

Revocations
Previously, water quality was protected by preventing nitrates from agricultural sources polluting ground and surface waters via Nitrate Vulnerable Zones (NVZs)* that were in place and these Regulations revoke and replace The Nitrate Pollution Prevention (Wales) Regulations 2013, which means the existing NVZ designations are no longer applicable.

These Regulations also revoke and replace The Water Resources (Control of Pollution) (Silage and Slurry)(Wales) Regulations 2010  as these Regulations now set the requirements for silage making, storage of silage effluent and for slurry storage systems. The Regulations are revoked in how they apply to farms situated in a NVZ from 1st April 2021 and fully for all other farms from 1st April 2024.

*Nitrate Vulnerable Zones (NVZs) are areas within Wales that contain surface water or groundwater that is susceptible to nitrate pollution from agricultural activities. A map of these areas can be found here. Note that these Regulations have now replaced NVZs.

Transition period
Requirements are being phased in for farms not previously located in a NVZ over three years, with certain requirements applying from 1st January 2023, 30th April 2023 and 1st April 2024:

  • Regulations 4 and 36 apply from 30th April 2023.
  • Regulations 5 to 11, 15, 23, 27 and 33 to 43 apply from 1st January 2023.
  • Regulations 17 to 21, 25 and 26, and 28 to 31 apply from 1st August 2024.

All other parts of the Regulations applied from 1st April 2021. More information can be found in the duties section below. For farms that were previously located in a NVZ, they needed to be compliant with the Regulations on 1st April 2021 (the date they come into force).

Duties

Various duties apply.

Amendment

An abbreviation for Nitrate Vulnerable Zones Index Map 2013 (NVZ index map) is added.

The implementation date for regulation 4 (Application of livestock manure – total nitrogen limit for the whole holding) and regulation 36 (Record of nitrogen produced by animals on the holding) is amended. Regulations 4 and 36 will now come into force on 30th April 2023.

Requirements are added for occupiers of a holding or part of a holding that was not previously located within a Nitrate Vulnerable Zone. These requirements are set out below.

*12 month period means the period 30th April to 29th April.

Schedule 1 (Amount of manure, nitrogen and phosphate produced by grazing livestock and non-grazing livestock) and Schedule 3 (Calculating nitrogen in organic manure) are amended as follows.

There are no changes to duties for organisations.

Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

Jurisdiction: UK

Commencement: 26th March 2021

Amends: New Legislation
Mini Summary

These Regulations provide financial assistance for farmers, foresters and other beneficiaries that manage land by way of four financial assistance schemes.

Summary

Under the Agriculture Act 2020the Secretary of State has the power to provide financial assistance to farmers, foresters and other beneficiaries that manage land for certain purposes. These Regulations are made to allow the paying of financial assistance in the form of the following four financial assistance schemes:

  • the environmental land management pilot scheme;
  • the countryside stewardship scheme;
  • the farming investment fund scheme; and
  • the tree health pilot scheme.

The enforcement and monitoring of these financial assistance schemes is provided by these Regulations.

Duties
Applications for financial assistance schemes 

All applications for financial assistance schemes must be made to the Secretary of State. 

Payments under the financial assistance schemes

All payments under any of the financial assistance schemes will only be paid into a verified bank or building society account of the agreement holder*.*An agreement holder is the person who has entered into an agreement with the Secretary of State for financial assistance under one of the financial assistance schemes.

If the agreement holder is receiving financial assistance under the environmental land management pilot scheme, they are required to submit an annual declaration that confirms their compliance with the conditions of their financial assistance. This is not a requirement for the other financial assistance schemes.

Checking, monitoring and record keeping

Agreement holders can be asked to supply information or evidence to the Secretary of State. If the agreement holder is also required to keep records in accordance with their agreement, then that person must also provide copies to the Secretary of State.Change of circumstances 

The agreement holder must immediately notify the Secretary of State of any changes in circumstances that affect;

.Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.