Defra has been urged to retain the statutory guidance for the Farming Rules for Water to ensure farmers can continue to spread organic manures in the autumn.
The government is currently undertaking a ‘rapid review’ of the FRfW, partly driven by legal challenges, putting the topic very much back in the spotlight again.
Industry bodies, including the National Pig Association (NPA) and the NFU, have expressed their concern over the situation.
There was industry backlash in 2021 when the initial interpretation of the FRfW by Defra and the Environment Agency would effectively have banned autumn spreading of manure.
However, after farming bodies highlighted the impact this would have and why it was unnecessary in terms of preventing pollution, new statutory implementation guidance was published in 2022.
It made it clear that Defra did not intend to ban autumn manure spreading, as soil and crop need for nitrogen could be based on an annual crop cycle, rather than an immediate requirement.
As things currently stand, as long as famers follow this guidance, the Environment Agency will not take enforcement action.
The guidance was due to be reviewed again, not later than September 2025, but it is under scrutiny once again.
This follows a legal challenge by River Action in June 2024 over the agency's alleged failure to enforce the regulations to protect the River Wye form pollution.
The judge dismissed River Trusts claim, but, crucially, in response to intervention from NFU, concluded that the EA’s interpretation of the rules was correct.
The judge concluded that nutrient applications have to be planned on the basis of soil and crop need at the time of application, rather than the annual crop cycle.
If Defra, which is currently seeking industry views, decides to alter or remove the statutory guidance, it will restrict manure spreading and may effectively rule it out in the autumn.
Defra is also under pressure from the Office for Environmental Protection, which has said the guidance may be unlawful as some of the wording is not consistent with the regulations but is likely to be relied upon by farmers.
It has given Defra Secretary Steve Reed until 13 January to respond. If it is not satisfied, it could launch a High Court legal challenge.
The NPA said farming organisations had told Defra the statutory guidance must be retained as the industry could not comply with the legislation without it.
NPA chief executive, Lizzie Wilson said: “The publication of sensible guidance in March 2022 was very welcome.
"We will continue to argue that without it, the FRfW will be unworkable for many farmers, but will do nothing to reduce pollution risk."
