Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Jurisdiction: Wales
Commencement: 29th April 2023
Amends: The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 SI 2021/77 (W.20)
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:
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and replace The Nitrate Pollution Prevention (Wales) Regulations 2013, which means the existing NVZ designations are no longer applicable.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:
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).
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.
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
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:
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:
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).
Various duties apply.
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.
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
Under the Agriculture Act 2020, the 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 enforcement and monitoring of these financial assistance schemes is provided by these Regulations.
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;
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.