The Defra statutory guidance, , originally introduced in 2022 gives guidance to the Environment Agency on how to enforce the regulations.聽
Since the Farming Rules for Water rules were introduced, the Environment Agency, and more recently the law courts, have adopted a stringent interpretation around planning nutrient applications. 聽
A review of the guidance had always been planned for September 2025, but as a result of an into the lawfulness of the guidance, Defra began a rapid review of the guidance at the end of last year.
鈥�Clearly, there is much more we can do to improve water quality but it鈥檚 a challenge we cannot face alone.鈥�
NFU Vice-president Rachel Hallos
NFU response to the rapid review
The NFU responded in detail to Defra鈥檚 rapid review of the guidance, questioning the compatibility of the interpretation of the regulations with many farming systems, and calling for a fundamental and comprehensive review of the water quality regulations affecting agriculture (the Farming Rules for Water, the Nitrates Regulations and the Slurry, Silage and Agricultural Fuel Oil Regulations), as a matter of urgency, alongside a wider approach including funding for slurry and manure storage, manure processing, enabling planning regime.
We also argued for Defra to retain the guidance for a number of reasons, but importantly because it provides clarity and reassurance to the farming sector, it reinforces the advice-led approach to enforcing the rules by the Environment Agency and it underlines the important role of nutrient management planning. 聽
We proposed that the guidance should only be amended where this allowed farmers to better respond to local conditions and a changing climate.
Revisions to the guidance welcomed
NFU Vice President Rachel Hallos said: 鈥�91仓库has always said that farmers and their advisers are best placed to make decisions around nutrient management planning, based on a site-specific risk assessment, and we are pleased to see these changes recognised in the updated guidance.
鈥淭he Environment Agency鈥檚 continued advice-led approach before taking enforcement action will also be critical and we will work with them and other stakeholders to ensure this is achieved on farm.
鈥淚n response to Defra鈥檚 rapid review of the Farming Rules for Water statutory guidance last year, the NFU had questioned the compatibility of the interpretation of the regulations with many farming systems and called for a fundamental and comprehensive review as a matter of urgency to make best use of valuable organic manures as part of the government鈥檚 aim of promoting a 鈥榗ircular economy鈥�.
鈥淐learly, there is much more we can do to improve water quality but it鈥檚 a challenge we cannot face alone. That鈥檚 why implementation of the current regulations must be accompanied by the right tools; funding for slurry storage, new technologies and advice and support through an enabling planning system, will allow farmers to invest in their businesses and continue to drive improvements that benefit soil and plant health as well as river quality. 聽
鈥淲ater is such a precious resource. Clean rivers and waterways are not only vital for wildlife and nature to prosper but to ensure we are able to deliver homegrown food that our customers want and enjoy. With the right approach and investment, we can keep delivering sustainable food alongside caring for the environment and be transformative for the quality of water in our rivers.鈥�
What do the revisions to the guidance mean?
Revisions to the guidance published this week mean that assessment of risk, based on local conditions, and demonstrating nutrient need through a clear nutrient management plan are ever more important.
As a result of changes to the statutory guidance, farmers may be wondering whether, for example, autumn spreading of manures is still possible as a result of these changes.
This is not something that the NFU can give particular advice on as the situation on each farm may be slightly different, but individuals who are concerned about their situation should take independent professional advice on their nutrient applications, for example, from a suitably qualified agronomist.
Having a properly drawn up nutrient management plan, with input from a professional adviser could help to demonstrate compliance with the requirements of the rules, as it will show that there is an appropriate plan in place.
Next steps
At an evidence session at a House of Lords Environment and Climate Change Committee鈥檚 inquiry into nitrogen in late May, Defra indicated that it will start the process of review and reform of the water quality regulations in the coming weeks.
Any review presents a real opportunity for the regulations to be more reflective of contemporary agronomic best practice, including a rounded review of the environmental benefits and, critically, be subject to a rigorous cost benefit analysis. 聽
In addition, we are clear that the regulations should complement and promote good agricultural practice 鈥� so allow effective use of organic manures, composts and biosolids across agricultural rotations. 聽聽
