New change to Welsh farm pollution law is grim news for Wales’s iconic rivers

New change to Welsh farm pollution law is grim news for Wales’s iconic rivers

Wildlife Trusts Wales call for agricultural water rules to be urgently reinstated

A new change to Wales’s agriculture pollution regulations means that proposed licenses for muck-spreading will no longer be a requirement of farmers – instead they will need only to ‘self-report’ how much manure they put on fields. This voluntary approach will perpetuate the catastrophic consequences of farm run-off for Welsh rivers, say Wildlife Trusts Wales.  

Agricultural pollution is known to be the main cause of the poor state of health of some of Wales’s most iconic rivers – it is a more significant factor in their degradation than sewage. Over 60% of rivers that are designated Special Areas of Conservation in Wales – including the rivers Wye and Usk – have failed phosphorus targets. A study of the Wye catchment found that “60-70% of the total phosphate load now comes from agriculture”. The effect on water quality and wildlife is damaging: salmon numbers have crashed in Wales by 42% and all river stocks have been assessed as ‘at risk’.  

The regulation as originally drafted in 2021 had required farmers to apply for a license if they planned to spread an excess of 170 kg of nitrogen per hectare per annum. The change to the law “will now expect farmers to self-report any excess manure spreading”. This will allow the present high levels of pollution to continue. 

River in Wales © Alicia Leow-Dyke

© NWWT Alicia Leow-Dyke

Rachel Sharp, Director of Wildlife Trusts Wales, says: 

“Urgent action is needed to stop farm pollution reaching waterbodies if Wales is serious about protecting and restoring its precious rivers. The Welsh Government must strengthen, not weaken, laws that prevent spreading excess slurry on the land. Its new announcement seriously weakens the regulations and is a significant backward step in nature’s recovery across Wales. We need this retrograde decision to be reversed as soon as possible.” 

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 sought to tackle the causes of water pollution from spreading of slurry on farmland across Wales. The proposed regulation required farmers to apply for a license if they planned to spread an excess of 170 kg of nitrogen per hectare per annum, up to a maximum of 250 kg, and this license would be granted if the need to fertilise a crop could be proven.  

Rachel Sharp adds: 

“The damaging effect of the new decision to opt for a voluntary approach will be compounded by under-resourcing of the regulator, Natural Resources Wales (NRW) as they have never had sufficient funds needed to monitor farms. NRW is meant to employ 20 new staff members but, to date, only 12 are in place for the whole of Wales, which means that it will not be possible to sufficiently monitor or control the amount of manure being spread on land. It’s an appalling situation.” 

Adrian Lloyd Jones, Head of Living Landscapes at North Wales Wildlife Trust says:

We find this decision by the Welsh Government to be extremely puzzling. Diffuse agricultural run-off remains the most significant cause of freshwater pollution in Wales, so a reliance on self-reporting to tackle the excessive use of slurry in our landscape is a major weak link. If the Welsh Government is serious about achieving its nature recovery targets, this decision must be reversed and adequate resources invested into the protection and improvement of our freshwater habitats.

Editor's notes

Announcement: Written Statement: Nutrient management – Managing the application of livestock manures sustainably (10 October 2023) | GOV.WALES 

Afonydd Cymru: Ditching Manure Licence A Step Backwards For Rivers. 

Decline of salmon in Wales: State of Nature 2023 Wales Summary Report, page 12. 

State of Nature, Wales 2023 Wales summary report.pdf (wildlifetrusts.org) and press release: www.northwaleswildlifetrust.org.uk/state-nature-2023  

Natural Resources Wales: Compliance Assessment of Welsh River SACs Against Phosphorus Targets: 107 water bodies were assessed, 39% passed the new targets and 61% failed. Most failing water bodies were in mid and south Wales. See: Natural Resources Wales / Compliance Assessment of Welsh River SACs Against Phosphorus Targets 

Natural Resources Wales: Compliance Assessment of Welsh River SACs against Phosphorus Targets. See: compliance-assessment-of-welsh-sacs-against-phosphorus-targets-final-v10.pdf Page 70: “The Usk is by some distance the worst performing SAC river in Wales with respect to its phosphorus targets, and is the only river where there are extensive failures in the headwaters. In part this is likely to be a consequence of overgrazing.” 

Herefordshire Wildlife Trust: What's polluting the River Wye? 

Re-focusing Phosphorous use in the Wye Catchment, RePhoKUs: “A study of the Wye catchment found that “60-70% of the total phosphate load now comes from agriculture”. Report by Paul J.A.Withers, Shane A. Rothwell, Kirsty J. Forber and Christopher Lyon, May 2022. Lancaster Environment Centre, Lancaster , University, Lancaster, UK; School of Earth and the Environment, University of Leeds. See: https://zenodo.org/records/6598122#.Yr8Jj3bMI2y  

Written Evidence from the RePHOKUs Project: “Farming generates an annual P surplus (i.e. unused P) of ca. 2000 tonnes (11 kg P/ha) in the Wye catchment, which is accumulating in the catchment soils. This P surplus is nearly 60% greater than the national average, and is driven by the large amounts of livestock manure produced in the catchment”…. and “Water quality in the Wye catchment, and many other livestock-dominated catchments, will not greatly improve without reducing the agricultural P surplus and drawing-down P-rich soils to at least the agronomic optimum. This will take many years.” See: committees.parliament.uk/writtenevidence/40668/pdf/ 

Wildlife Trusts Wales 

Wildlife Trusts Wales works in partnership with the five Wildlife Trusts in Wales: North Wales, Montgomeryshire, Radnorshire, Gwent, and South and West Wales. Wildlife and natural processes need space to thrive beyond just designated nature reserves. This enables nature to develop and spread back into the wider landscapes and seas though habitat connectivity. Therefore, it is imperative that nature reserves are protected and sustained for the prosperity of all native species. A healthy natural environment is also the foundation of society – food, water, shelter, flood prevention, health, happiness, and creative inspiration. It is an invaluable source of wellbeing. Through the inspiration of nature, people should take action to protect and restore our wildlife and wild spaces. Our network of local Wildlife Trusts is the largest voluntary organisation in Wales, dedicated to protecting nature. Together we manage 216 nature reserves covering more than 8,000 hectares, and we are supported by 25,000 members. www.wtwales.org