The Farmers’ Union of Wales (FUW) has responded to the Welsh Government’s publication of the independent review into the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021.
The controversial regulations were introduced by the Welsh Government to reduce losses of pollutants from agriculture to the environment. They came into force on all farms across Wales on 1 April 2021, with a transitional period for some measures to 1 January 2023 and 1 August 2024.
In 2024, the Welsh Government announced the appointment of Dr Susannah Bolton to oversee the 4-year review of the CoAP Regulations, with a view of considering the effectiveness of the measures imposed by the regulations to reduce water pollution from agricultural sources.
The report’s findings, released today, found that there are significant opportunities to make improvements to the deployment of the regulations to benefit the environment and farmers. This includes improved targeting, reducing burdens on low-risk farming activities, increasing clarity for farmers and addressing regulatory gaps.
The Welsh Government has committed to implement all 23 recommendations in full, with the independent review making recommendations in five key areas:
- Better targeting regulations at polluting activities while reducing burdens on low-risk farming
- Improving accessibility and clarity of regulations for farmers
- Exploring alternative measures, particularly regarding closed periods and the 170kg nitrogen per hectare manure limit
- Supporting innovation in farming practices
- Addressing regulatory gaps, including soil protection measures and nutrient management planning
The review concluded a whole-Wales approach is needed to help farms to prevent and reduce pollution, however noted further consideration was required of alternatives to the current measures, including the fixed closed periods for the spreading of manure and the 170kg limit.
Responding to the publication, FUW President Ian Rickman said: “The Farmers’ Union of Wales has consistently opposed these regulations due to their bureaucratic, costly and disproportionate nature. The FUW has previously raised longstanding concerns with the Welsh Government surrounding the difficulties farmers face in complying with the regulations - particularly in regarding the recently imposed slurry storage requirements and fixed closed periods for spreading.
“There was an opportunity to work collaboratively with the Welsh Government ahead of the introduction of these regulations in 2021, but that door was shut hard in our faces. More recently, however, we have welcomed the opportunity to engage with Dr Susannah Bolton during this process and this report is an indication that the door for negotiation with the Welsh Government will be opened over the coming months.”
The Farmers’ Union of Wales previously opposed the all-Wales regulations in favour of a targeted approach.The FUW has argued this would allow resources to be focused where they are most needed; ensuring maximum impacts in tackling water quality.
“As we take the time to analyse the evidence and the Economic Impact Assessment of the 170kg per hectare nitrogen limit over the coming days, the initial statement from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs suggesting that the economic impact assessment is ‘indicative’ due to ‘significant caveats’, highlights how the Welsh Government previously opted to copy decades old EU legislation into the statute book without considering Wales-specific evidence.
“Nevertheless, a commitment from the Welsh Government to explore alternative innovative solutions to the closed periods and nitrogen limits has to be welcomed, as does the hint towards a risk-based approach through lessening the burden for low-risk farmers and potential exemptions.
“Through regulatory change or otherwise, the FUW maintains that the record-keeping and bureaucratic requirements of these regulations must be simplified for farmers. There is no doubt that this will support an approach of on-farm decision making based on practical data as opposed to nutrient management planning being seen as a costly and time consuming process.
“We now expect the Welsh Government to publish a programme of works over the coming months outlining how these recommendations will be taken forward. Whilst the devil will be in the detail, working in collaboration with the farming industry is paramount so that long-term confidence can be provided to the sector.”
