Water Resources (Control of Agricultural Pollution) Regulation - Wales FAQs

1. What new regulations are coming into force?

On 27 January 2021 the Minister for Environment, Energy and Rural Affairs announced the introduction of regulatory measures to address agricultural pollution in Wales, the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021.

 In summary, the regulations include the following requirements:

  • Nutrient management planning;
  • Sustainable fertiliser applications linked to the requirement of the crop;
  • Protection of water from pollution related to when, where and how nitrogen fertilisers (includes manufactured nitrogen fertiliser, slurry and other organic manures) are spread; and
  • Manure and silage storage construction and capacity

2. When will the regulations apply?

The regulations will apply from 1 April 2021 for an initial set of measures. The remaining measures will be phased in over a period of 3 years. 

The organic manure spreading limitations won’t be enforced until 1 January 2023, and farmers have until 1 August 2024 to comply with regulations on slurry storage and the closed periods for slurry spreading. From 1 April 2021 a field inspection must be completed prior to spreading to assess any pollution risk.

3. What are the Nitrogen limits?

There are limitations in the new regulations and these will be enforced from 1 January 2023.

 Application of livestock manure – total nitrogen limit for the whole holding

  • Loading limit refers to the total amount of N from livestock manure that can be applied on the holding in any calendar year (beginning 1 January). The limit under these new regulations is 170kg N/ha. This covers manure deposited by grazing animals directly on the land or by spreading. 
  • The amount of nitrogen produced by livestock on your farm must be calculated by using the table supplied by Welsh Government in the regulations. See Schedule 1.
  • When calculating the area of the holding for the purposes of ascertaining the amount of nitrogen permitted to be spread on the holding, excluding areas of any hardstanding, buildings, roads or any woodland unless that woodland is used for grazing.

Spreading organic manure — nitrogen limits per hectare

  • Field limit refers to the maximum amount of N from organic manure that can be applied by spreading to any one hectare on the holding in any rolling 12 month period. The new regulations states that the total amount of nitrogen in organic manure spread on any given hectare on the holding must not exceed 250 kg N/ha. 
  • The N max limit refers to the maximum amount of N from all sources (manufactured fertiliser or organic materials) that can be applied to a specific crop as listed in the regulation’s guidance. This varies according to crop type, but is 300kg N/ha for grassland, with an additional 40kg N/ha allowed for grass that is cut three or more times a year. 
  • You must calculate the total amount of nitrogen in organic manure by using the table provided by Welsh Government in the regulations (See Schedule 3 – Part 1) or by sampling and analysing the organic manure (See Schedule 3 – Part 2).

4. How can I prepare?

  • Use the table (See Schedule 1) supplied by Welsh Government in the regulations to work out your current loading limit.
  • Use AHDB’s SlurryWizard tool to calculate your storage capacity requirements, N Loading per Ha and for the whole farm loading and explore possible storage solution scenarios including a cost-benefit calculation to asses if you are compliant.
  • Put in place plans to mitigate any shortfall eg, clean and dirty water separation measures.
  • Welsh Government has made support available to farmers through the Rural Development Plan’s Farm Business Grant (FBG) and Sustainable Production Grant (SPG) schemes that may help you meet the new regulations. Therefore keep an eye out for the next application windows for these grants here.
  • Start keeping records of spreading and fertiliser use including application rates.
  • Carry out farm repairs such as cleaning and maintaining gutters, and ensuring that clean water is not entering your storage system.
  • Detailed guidance documents will be published on the Welsh Government website providing a step-by-step approach to the implementation of the regulations. The latest information can be found on:

5. Will I need to destock to meet the loading limit?

If the holding is exceeding the loading limit then there are some options to consider:

  • Destocking - either by reducing the number of milking cows or by carrying fewer replacements/other livestock categories, or by reducing the age at first calving to 24 months.
  • If the holding is marginally over the 170kg N/ha limit and the herd production is close to the 6000 and 9000 litres per cow per year thresholds , then consider reducing milk production per cow.
  • Take on additional land.
  • Work with a farmer who has capacity to import slurry.
  • Seek arrangements to access additional land for spreading.
  • Consider outsourcing replacement heifer rearing.

6. What are the closed periods for the spreading of slurry?

  • A period during which you cannot spread slurry (organic manure with over 30% available N).
  • For grassland the closed periods for slurry are 1 September to 31 December for sandy and shallow soils and 15 October to 15 January for other soil types.
  • From the end of the closed period until the end of February, you can only spread 30m³/hectare (2670 gall/ac.) of slurry at any one time and there must be at least three weeks between each spreading.
  • The above closed periods will be enforced from 1 August 2024.

7. What is the closed period for spreading manufactured nitrogen fertiliser?

  • A period during which you cannot spread manufactured nitrogen fertiliser.
  • For grassland the closed period for spreading manufactured nitrogen fertiliser is 15 September to 15 January.
  • The above closed periods will be enforced from 1 April 2021.

8. I am an organic farmer, does the closed period still apply?

  • Organic farmers under certain conditions can spread up to 150kg N/ha total N from organic manure between the start of the closed period and the end of February on specific crops including grassland.
  • Spreading inorganic fertiliser during the closed period can be permitted where crop demand can be demonstrated, but the authorisation will have to be made by a FACTS (Fertiliser Advisers Certification and Training Scheme) qualified advisor in writing.

9. Can I spread dirty water during the closed period?

You can spread organic manure with less than 30% available N, as long as it has been collected and stored separately from slurry and the  you can meet the spreading requirements of the regulations eg weather and ground conditions are suitable. This includes dirty water.

10. How much storage do I need?

From 1 August 2024, five months of slurry storage will be required for any slurry produced by any livestock, other than pigs or poultry. You will therefore need adequate storage to cover all slurry produced by animals housed on concrete/slats during the period 1 October to 1 March, as well as any water that enters the store during this period. You should ensure you have sufficient capacity to meet the other requirements within the regulations.

11. Do I need to incorporate manures?

From April 2021, all organic manures applied to bare soil must be incorporated within 24 hours unless precision equipment has been used to apply slurry.

12. What do I need to account for when calculating storage?

  • Daily slurry production for animals housed on concrete/slats for 5 months (1 Oct – 1 March)
  • Any rainwater that falls directly on the store
  • Any rainwater that falls on dirty areas e.g. uncovered yards and passageways
  • Any liquid from drains and gutters which enter the slurry storage system, and the surface area that they drain
  • Rainfall calculations for your farm
  • Parlour washings and silage effluent if they are not stored separately
  • Any slurry exported from the farm during the storage period
  • Any spreading that you anticipate that you will be able to do after the closed period ends but before the storage period finishes

13. I don’t produce slurry, how do the rules apply to me?

  • The Nitrogen loading limits will still apply
  • The regulation also covers silage storage and manure
  • You will need to comply with Codes of Good Agricultural Practice

The new regulations also include requirements for storing farmyard manure. Therefore, if you produce farmyard manure you will need to comply with these requirements.

14. What is a risk area for spreading?

Areas which are at higher risk of leaching, or polluting water e.g. surface waters, boreholes, spring, wells, areas with sandy or shallow soils, land within 10m of surface water, land within 50m of a borehole, spring, or well, land drains other than sealed impermeable pipes, recently drained land (including mole drains) and land with steep inclines.

15. What is a ‘risk map’?

  • Under the new regulations if you intend to spread manure on a holding you must produce and maintain a ‘risk map’ which highlights the areas on which spreading may cause pollution, including buffer zones and surface waters.
  • The risk map must show:
    • each field, with its area in hectares,
    • all surface waters,
    • any boreholes, springs or wells on the holding or within 50 metres of the holding
    • boundary,
    • areas with sandy or shallow soils,
    • land with an incline greater than 12°,
    • land within 10 metres of surface waters,
    • land within 50 metres of a borehole, spring or well,
    • land drains (other than a sealed impermeable pipe),
    • sites suitable for temporary field heaps if this method of storing manure is to be used, and
    • land that has a low run-off risk (this is optional for an occupier who does not intend to spread manure on low run-off risk land during the storage period
  • If you plan on spreading organic manure by using precision spreading equipment up to 6 metres from surface water, the risk map must identify land within 6 metres of surface waters.

16. How do I work out the holding’s Soil Nitrogen Supply?

  • The “Soil Nitrogen Supply” is the amount of nitrogen in the soil that is likely to be available for uptake by the crop during the growing season left by previous crop.
  • There are two methods to calculate Soil Nitrogen Supply:
    • Field Assessment Method: based on field specific information for previous cropping, previous fertiliser and manure use, soil type and winter rainfall
    • Measurement Method: soil sampling and analysis for Soil Mineral Nitrogen, taking into account any nitrogen already taken up by the crop
  • Refer to AHDB’s RB209 Nutrient Management Guide for full details.

17. I think my slurry has a lower N value than published, can I prove this?

  • Yes, you can have your slurry sampled and analysed but you must keep records of the original report from the laboratory.
  • This may help in calculating the field limit and the N Max limit.

18. My neighbour wants to export slurry to my land, what should I consider?

  • The new Control of Agricultural Pollution Regulations applies to all farm holdings therefore even if your holding does not produce slurry you will still need to comply with the regulations.
  • You will need import / export records
  • Consider biosecurity
  • You should:
    • Ensure that you are not exceeding your own field, loading, and N Max limits
    • Keep records of the type and quantity of slurry applied, the fields to which it was applied and the dates it was applied. You should also keep a record of the total N value, and the total N available, as well as the crop type and the crop’s requirements.
    • Any imported slurry should be incorporated into your Nutrient Management Plan
    • Take into account biosecurity risks from slurry, such as the spread of mycobacterial diseases which persist in slurry e.g. Johne’s disease is endemic in dairy herds and can also affect sheep.

Total N = all the N present

Available N = N available to the first crop

19. Is there a limit to how much artificial N I can use, or just organic manures?

  • This is governed by the N Max limit for the individual crop, which is a cumulative limit for artificial N and organic manure.
  • The farm plan must justify the N application based on the Soil Nitrogen Supply and crop demands.

20. Are other nutrients (P&K) also regulated and restricted?

  • The new regulations do not have any specific wording restricting the use of P and K.
  • Farmers should adhere to Codes of Good Agricultural Practice.
  • To maximise efficiency and reduce the risk of environmental contamination, P and K applications should match the crop’s need and should be based on farm soil analysis.

21. Can I keep my own records and draw up my own Nutrient Management Plan (NMP) or do I need a consultant to do it?

  • You can keep your own records and plans.
  • If you want to use a consultant we recommend that you choose an individual who is FACTS qualified.
  • Only a FACTS qualified advisor can give you written justification to  potentially carry out certain practices usually prohibited by the regulations e.g. spreading Manufactured Nitrogen Fertiliser  during the closed period.

22. What support is available for Nutrient Management Planning from AHDB?

23. How do I know how much N my slurry contains? Can I test it and spread to actual figures or do I need to use book values?

  • You can use the figures provided in the regulations (See Schedule 3).
  • Or you can carry out sampling and analysis to determine the nitrogen content but you must keep the original report from the laboratory.

24. How do I share land or import or export manure in collaboration with other farmers? e.g. I spread slurry on ground which is grazed at other times of the year with other stock

  • The land must comply with ‘The Control of Agricultural Pollution Regulations’ for Wales, so any one hectare cannot exceed the N Max, loading limit, and field limit.
  • You must adhere to the regulations in terms of keeping a record of any slurry imported to the holding or exported off the holding. See details regarding the particular records you need to keep in relation to the import or export of manure below.

25. What sort of records should I keep?

Recording the size of the holding

  • You must maintain a record of the total size of the holding
  • If the size of the holding changes this record must be updated within one month. 

Records relating to storage of manure during the storage period:

  • the amount of manure that will be produced by the anticipated number of animals that will be kept in a building or on hardstanding during the storage period.
  • the amount of storage capacity required (slurry vessels and hardstanding) taking into account:
    • the amount of manure intended to be exported from the holding,
    • the amount of manure intended to be spread on land that has a low run-off risk,
    • and in the case of a slurry vessel the amount of liquid other than slurry likely to enter the vessel;
  • the current capacity for storage on the holding.
  • If the amount of storage capacity changes you must record the change within one week.

Annual records relating to storage

  • Before 30 April each year you must record, for the previous storage period the number and category of animals in a building or on a hardstanding during the storage period.
  • You must also record the sites used for field heaps and the dates of use. 

Record of nitrogen produced by animals on the holding:

  • Before 30 April every year you must record:
  • the number and category of animals on the holding during the previous calendar year,
  • and the number of days that each animal spent on the holding.
  • You must then calculate the amount of nitrogen in the manure produced by the animals on the holding during that year using the Table in Schedule 1.
  • You must make a record of the calculations and how the final figures were arrived at.
  • If using an approved software programme, you must keep a printout of the result.

Livestock manure brought on to or sent off the holding

  • If you bring livestock manure on to a holding you must, within one week record:
    • the type and amount of livestock manure,
    • the date it is brought on to the holding,
    • the nitrogen content, and
    • if known the name and address of the supplier.
  • If you send livestock manure off a holding you must within one week record:
    • the type and amount of livestock manure,
    • the date it is sent off the holding,
    • the nitrogen content,
    • the name and address of the recipient, and
    • details of a contingency plan to be used in the event that an agreement for a person to accept the livestock manure fails.
  • If the nitrogen content of the livestock manure brought on to a holding is not known, you must ascertain it, as soon as is reasonably practicable and record it within one week of ascertaining it.
  • All nitrogen content of the livestock manure must be ascertained using either the standard figures in Schedule 3 or by sampling and analysis.

Sampling and analysis

  • If using sampling and analysis to determine nitrogen content in organic manure you must keep the original report from the laboratory.

 Records of crops sown

  • If you intend to spread nitrogen fertiliser you must record within one week of sowing a crop:
    • the crop sown,
    • and the date of sowing.

Spreading organic manure records

  • Within one week of spreading organic manure you must record:
    • the area on which the organic manure was spread,
    • the quantity of organic manure spread,
    • the date/dates of spreading,
    • the type of organic manure,
    • the total nitrogen content, and
    • the amount of nitrogen that was available to the crop 

Spreading nitrogen fertiliser records:

  • Within one week of spreading manufactured nitrogen fertiliser you must record:
    • the date of spreading
    • And the amount of nitrogen spread. 

Other records that need to be kept under the regulations:

  • If you have used nitrogen fertiliser you must record the yield achieved by an arable crop within one week of ascertaining it.
  • Before 30 April each year you must record how any grassland was managed in the previous calendar year. (Grazing, cutting etc,)
  • Risk Map for the farm
  • Nutrient Management Plan
  • A record of your Farm Yard Manure (FYM) field heaps

 Other records that could be useful:

  • Cropping plan for the year
  • Soil types

Topics:

Storage Systems Grassland Management Soils

Sectors:

Dairy

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