The NPA is urging the government to retain the statutory guidance for the Farming Rules for Water (FRfW) to ensure farmers can continue to spread organic manures in the autumn.
The rules are very much back on the agenda again, with Defra currently undertaking a ‘rapid review’, partly driven by legal challenges.
There was significant concern across farming in 2021 when the initial interpretation of the FRfW by Defra and the Environment Agency would effectively have banned autumn spreading of manure.
However, after the NPA, NFU and others highlighted the impact this would have on farmers and why it was unnecessary in terms of preventing pollution, new statutory implementation guidance was published in spring 2022.
It made it clear that Defra did not intend to ban autumn manure spreading, as soil and crop need for nitrogen could be based on an annual crop cycle, rather than an immediate requirement. As things currently stand, s long as famers follow this guidance, the EA will not take enforcement action.
The guidance was due to be reviewed again, not later than September 2025, but it is under scrutiny once again, following a legal challenge in June by River Action over the EA’s alleged failure to enforce the regulations to protect the River Wye form pollution.
The judge dismissed River Trusts claim, but, crucially, in response to intervention from NFU, concluded that the EA’s interpretation of the rules was correct, and that nutrient applications have to be planned on the basis of soil and crop need at the time of application, rather than the annual crop cycle.
If Defra, which is currently seeking industry views, decides to alter or remove the statutory guidance, it will restrict manure spreading and may effectively rule it out in the autumn.
Defra is also under pressure from the Office for Environmental Protection, which has said the guidance may be unlawful as some of the wording is not consistent with the regulations but is likely to be relied upon by farmers. It has given Defra Secretary Steve Reed until January 13 to respond. If it is not satisfied, it could launch a High Court legal challenge, Farmers Weekly reports.
Unworkable
The NPA Pig Industry Group expressed its concern over the situation at its latest meeting. NPA chief executive Lizzie Wilson explained that farming organisations had told Defra the statutory guidance must be retained because the industry could not comply with the legislation without it.
“The publication of sensible guidance in March 2022 was very welcome, and we will continue to argue that without it, the FRfW will be unworkable for many farmers, but will do nothing to reduce pollution risk,” she said.
Andy Hall, from AM Warkup, pointed out that most farms do not have the 12-month slurry storage that would be required if autumn spreading was effectively banned.