Last week the Welsh Government published its independent review into the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021. Since their introduction, the Farmers’ Union of Wales has been critical of the regulations, particularly due to their disproportionate nature and the economic and bureaucratic burden they have placed on all Welsh farmers.

23 recommendations are outlined, with many addressing some of the challenges FUW has repeatedly raised. In particular, calls are outlined for collaborative investigation, evidence-gathering, and regulatory amendments were warranted - an approach FUW believes is long overdue.

In the short term, the review states that recording processes, such as the Welsh Government Workbook should be scrutinised to ensure improved usability and clarity of relevance to farming practices here in Wales. Consideration is also sought for the suitability of exemptions for holdings under disease restrictions such as Bovine TB. The inclusion of a recommendation to review provisions under tenancy legislation might also offer protection to tenants, and provide greater clarity where third parties are liable for regulatory compliance.

In the medium term, the review proposes that alternatives to the 170 kg per hectare nitrogen limit be considered where an enhanced nutrient management approach might be able to demonstrate a low risk of pollution from increased applications. It also recommends investigating alternative measures to the closed periods, with a focus on investigating regulatory changes that might allow for the use of innovative or novel technologies. These have long been some of the FUW’s key asks.

Despite stating any increased regulatory burden should be minimised, disappointingly, several recommendations hint towards further regulatory requirements. These include regulations aimed at reducing ammonia loss through the use of low-emission slurry spreading equipment, limiting urea fertiliser usage, introducing soil protection measures and considerations for inspection requirements for pre-1991 slurry and silage stores to assess pollution risks posed. In the long term, the review also suggests considering civil sanctions to improve the enforcement and efficiency of sanctions for those in breach of the regulations.

Dr Susannah Bolton, as part of this review, also further consulted on the alternative measures as recommended by the Senedd Economy Trade and Rural Affairs Committee’s review in 2022. The FUW also produced a submission on alternative measures and is frustrated by the considerable delay in assessing and consulting on these. Whilst the review recommends the adoption of several alternative measures, it is imperative that the Welsh Government now acts upon these recommendations with urgency by working in collaboration with the farming industry.

The FUW acknowledges the findings of the review, but is disappointed to note mentions of further regulations upon industry. The FUW strongly believes that changes to the current regulations to ensure they are practical, proportionate and fit for purpose must be made in the first instance.