The 23 recommendations made in Dr Bolton’s report are broadly positive for Welsh rivers.
The closed period for slurry spreading is currently 15th October to 15th January. It is difficult and contentious for farmers and there is a case for building more flexibility into it but only if no adverse effects to rivers result.
The recommendation for regulation to protect soils from run-off into rivers is welcome and long over-due.
Tuesday 1st April, 2025
Welsh Government yesterday published the findings of the first review of the Water Resources(Control of Agricultural Pollution)(Wales)Regulations 2021(CoAPR) in Wales.
Independently chaired by Dr. Susannah Bolton, this review was required by the regulations with further reviews occurring at four yearly intervals.
Dr Bolton acknowledged in her report that the review was limited in its scope. Two of the most contentious provisions (the requirement for five months of slurry storage and the closed period for spreading) did not come into effect until 1st August 2024, giving insufficient time to judge their effectiveness.
Consideration of compliance levels, regulatory attitude and enforcement of the current regulations were also outside the scope of the review, adding to the difficulty in assessing the effectiveness of the regulations so far and that of future recommendations.
This review of the agricultural regulations was a statutory requirement with future reviews to be held every four years.
Cautious optimism
However, while many of the recommendations require further consideration before action, they are broadly positive for Welsh rivers.
Particularly welcome was the acceptance by Dr Bolton of Welsh Government’s all-Wales approach while recommending that regulation should be concentrated on farming activities that pose the highest risk of pollution.
The 23 recommendations for Welsh Government concentrate on 5 key areas, with the first and fifth being particularly relevant to rivers. These are:
- Better targeting of regulations for 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
Slurry Spreading Season
The closed period for slurry spreading (15th October to 15th January inclusive) is difficult and contentious for farmers. Recommendation 8 is that the Welsh Government assesses the possibility of an alternative regime to the closed period where the farmer can establish a crop need and there is a minimal risk of nutrient loss to water. However, in reality, these two qualifications may be difficult to achieve.
Recommendation 9 is that the Welsh Government considers statutory guidance or similar legal mechanisms to allow for variations in the closed period when spreading of manures has been impacted by adverse weather. Afonydd Cymru sees some merit in flexibility for the closed period but any changes must not impact negatively on river water quality.
The review makes important recommendations in relation to slurry storage. The most significant of these is the inspection of pre-1991 slurry tanks to identify problems. Failure of such stores has caused catastrophic pollutions of streams in Wales. The covering of new stores will reduce the risk of both air and water pollution.
There is some merit in adding flexibility to the closed periods for slurry spreading, but only if no adverse effects for rivers result.
Dr Bolton’s support for mandatory precision slurry spreading is welcome too. This would reduce pollution of air and water and benefit soil health.
The recommendation of a wider range of sanctions being made available to Natural Resources Wales will enable quicker and more effective regulation. And while we support innovation as a way of eliminating agricultural pollution, such innovation must be proven and regulation must not assume that it is available for farmers to use.
Soil protection
We have long campaigned for regulation to protect soils from run-off to reduce risk of sediment, nutrient, herbicide and pesticide loss to water and to reduce flood risk. The recommendation of such regulation within CoAPR is overdue and is likely now to be the subject of a new consultation. It is important that this process starts as soon as possible.
There is much work to be done if all 23 recommendations are to be taken forward, which is what Welsh Government have committed to.
Despite the farming lobby’s protestations about CoAPR and this review, it must be remembered that the regulation of Welsh agriculture still differs to every other industry regulated by Natural Resources Wales. With the exception of intensive pig and some poultry production, no licence is needed to operate, part compliance is regarded as acceptable, even seen as progress.
There is also an acceptance of the non-disclosure of information such as phosphate levels in soils, which are directly relevant to activities that the taxpayer is subsidising.
Welsh Government has said that all twenty-three of Dr. Bolton’s recommendations will be taken forward but there is much work to be done to progress them. The review’s classification of recommendations into short, medium and long term was useful in this respect but the next review in four years’ time will come around quickly. Investigations and consultations need to be concluded quickly, changes implemented and evidence recorded well before then.