Explanatory note

These Regulations set out provisions to reduce and prevent the pollution of waters from diffuse agricultural sources and apply to persons who have custody or control of agricultural land in England (“land managers”).

These Regulations implement, along with other existing measures, Article 11(3)(h) of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (OJ No L 327, 22.12.2000, p 1), which requires Member States to implement basic measures to prevent or control the input of pollutants from diffuse sources.

Regulations 3 to 8 set out provisions on the application of organic manure and manufactured fertiliser to agricultural land. This includes a requirement to take into account factors that indicate a significant risk of agricultural diffuse pollution. For cultivated land only, the results of soil sampling and analysis must also be taken into account.

Regulation 9 imposes restrictions on the storage of organic manure and regulation 10 establishes requirements for the management of livestock and soil.

Regulations 4 and 10 also require land managers to take reasonable precautions to prevent agricultural diffuse pollution. Illustrative lists of reasonable precautions are provided.

Regulations 11 to 14 provide that failure to comply with these Regulations is an offence punishable by a fine on summary conviction or on conviction on indictment. The Environment Agency, the body which has the function of enforcing these Regulations, can also impose civil sanctions pursuant to provisions in the Environmental Civil Sanctions (England) Order 2010 (S.I. 2010/1157).

Regulation 15 gives the Secretary of State the power to issue guidance to the Environment Agency on how it should exercise its functions under these Regulations. The Environment Agency must have regard to any such guidance when exercising its functions under these Regulations.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Water Quality Division, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR, and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.