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Agricultural diffuse pollution has a large and often cumulative impact on the water environment. Mechanisms for managing agricultural diffuse pollution are as follows.

Water Resources Act 1991, Anti-Pollution Works Notices, s161A, Water Protection Zones s93:

• requires a person to carry out works and operations to prevent or deal with the consequences of any poisonous, noxious or polluting matter or any solid waste entering controlled waters
• restricts or prohibits activities to protect the water environment from entry of poisonous, noxious or polluting matter

Environmental Permitting (England and Wales) Regulations 2016:

• allows enforcement action for various offences where surface water and/or groundwater are polluted
• requires permits for disposals/discharges that might lead to pollutants entering groundwater, including small sewage discharges in sensitive areas
• requires permits for spreading waste on agricultural land to improve or maintain the physical, chemical and biological properties of the soil to grow crops
• allows notices prohibiting any activity that might lead to an input of pollutants into groundwater
• requires permits for pig and poultry farms exceeding a certain size, with conditions to protect the environment
• makes sure that agricultural waste is recovered or disposed of without putting peoples health at risk and without using processes or methods that could harm the environment

Nitrate Pollution Prevention Regulations 2015 (as amended) on farms within Nitrate Vulnerable Zones require farmers to follow an action programme that reduces the risk of nitrate entering water.

Plant Protection Products Regulations 2011 underpin EC regulation (EC) No 1107/2009 of the European Parliament and of the Council.

Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 2010 (SSAFO) sets standards for all farms storing silage, livestock slurries and agricultural fuel oil, to minimise the risk of water pollution.

Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (as amended) requires operators to carry out measures to prevent imminent or actual damage to the environment and remediate.

Wildlife and Countryside Act 1981 (as amended) allows consent to be refused for activities that may damage Sites of Specific Scientific Interest and action against third party damage to Sites of Specific Scientific Interest.

Salmon and Freshwater Fisheries Act 1975 allows for enforcement action against polluters who harm or injure fish, spawning grounds or fish food.

The Sludge (Use in Agriculture) Regulations 1989 makes sure that recycling sludge to agricultural land is carried out in a way that protects human and animal health and the environment.

Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018, known as the Farming Rules for Water (FRfW). These regulations are applicable to all land managers in England and:

• cover nutrient management and soil protection
• create a clear baseline for both land managers and the regulator from which to work
• require land management activities to be undertaken in a way to avoid pollution

Sustainable Use of Pesticides Directive (2009/128/EC) is a legislative framework which:

• contributes to reducing the impact of plant protection products on human health and the environment
• aims to achieve a more sustainable use of plant protection products
• promotes a significant overall reduction in risks and hazards of using plant protection products consistent with necessary crop protection

7.1.1 Nitrates

Nitrate Pollution Prevention Regulations 2015 (as amended) are designed to reduce water pollution caused by nitrates from agriculture sources and prevent further such pollution occurring. They require nitrate vulnerable zones (NVZs) to be designated as areas of land which drain to waters that contain or are likely to contain 50 mg/l or more of nitrate, or waters which are, or could become, eutrophic, if no action is taken.

Within these zones farmers are required to follow mandatory rules known as the action programme to reduce the risk of nitrate pollution. The rules cover a requirement for farmers to plan their nitrate use, the storage of manure, place restrictions on the timing and rate of spreading of organic manure and manufactured fertiliser and specify certain spreading controls. A code of good agricultural practice for voluntary implementation on all farms is also required.

The effectiveness of the action programme and the designations must be reviewed, and any necessary revisions made at least every 4 years.

The Environment Agency is the enforcing authority for these regulations.

To date, discrete NVZs have been designated in England covering approximately 55% of land. You can find further information at nutrient management nitrate vulnerable zones.

7.1.2 Other plans and programmes

The Common Agricultural Policy (CAP) has helped to deliver improvements to water quality through 2 mechanisms, cross compliance and the rural development programme. The CAP will transition over a 7 year period and move towards schemes that reward the delivery of environmental benefits.

In 2022, the Sustainable Farming Incentive was rolled out to recipients of the Basic Payment Scheme.

Cross compliance and the Basic Payment Scheme ended after the 2023 scheme year.However, most of the standards in cross compliance continue to apply to your farm activities as they remain in other English laws.

Delinked payments will replace the Basic Payment Scheme in 2024.For more information see Delinked payments: replacing the Basic Payment Scheme.

7.1.3 Environment Land Management

The government is developing three new environmental land management schemes as the main way that public money will be provided to land managers for delivering public goods. Public goods may include outcomes like habitat protection and creation, species recovery, natural flood management, water quality, carbon capture, air quality, and animal health and we

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