Statement 21 July 2021
Earlier this year, in light of ongoing concerns in relation to the new Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021, NFU Cymru set out its position that Welsh Government had acted unlawfully in failing to take into account all relevant information when undertaking its Regulatory Impact Assessment prior to the introduction of the regulations. The union also challenged Welsh Government’s failure to include in the regulations a derogation from the applicable nitrogen limit for farmers with 80% or more grassland.
NFU Cymru President John Davies said: “We are pleased to hear that the Court has accepted our application for permission for judicial review and that the issues we have raised amount to arguable grounds which merit consideration at a substantive hearing. Reaching this point is testament to the hard work and expertise of NFU Cymru staff, the union’s in-house legal team, our legal panel firm JCP, Counsel at Essex Court Chambers and the NFU’s Legal Assistance Scheme. NFU Cymru does not take this action lightly but has done so on behalf of NFU Cymru members, farmers and rural businesses across Wales.
“Work will now be undertaken in line with Court directions to prepare for the substantive hearing and we are not able to comment further on the case at this time.”
Statement on 20 April 2021
NFU Cymru has issued proceedings in the High Court for permission to challenge Welsh Government’s decision to introduce new water quality regulations across the whole of Wales which threaten the viability of Welsh farming businesses.
The new water quality regulations, which came into force across Wales on 1st April, pose a significant threat to the economic viability of Welsh farming, the overall impact of which cannot be underestimated. These regulations effectively make the whole of Wales an environmental ‘at risk’ zone, attracting heavy and disproportionate regulations which will punish the whole farming sector.
NFU Cymru President John Davies said: “In light of our on-going concerns in relation to the new regulations, we have set out our position that Welsh Government has acted unlawfully in failing to take into account all relevant information when undertaking its Regulatory Impact Assessment prior to the introduction of the regulations. We have also challenged Welsh Government’s failure to include in the regulations a derogation from the applicable nitrogen limit for farmers with 80% or more grassland – something which was available under the previous regulations for those in Nitrate Vulnerable Zones. We are now waiting to hear whether the court will give us permission to proceed with this case, and therefore we are not able to comment further at this time.”
Our work on water quality since 2016
High Court dismisses NFU Cymru case against Welsh Agricultural Pollution Regulations
NFU Cymru finalising preparations to launch legal challenge over ‘damaging’ NVZ regulations
NFU Cymru begins a campaign to urge Members of the Senedd to vote against damaging NVZ regulations
Nearly 12,000 emails are sent to MSs from concerned farmers urging them to vote against the regulations.
The motion to annul all-Wales NVZs was narrowly lost in the Senedd on 3 March .
Joint letter by farming and supply chain organisations to the Minister for Environment, Energy and Rural Affairs
A broad coalition of organisations across farming and the supply chain who have an interest in a thriving and sustainable food and farming industry in Wales wrote to the Minister. All agreed that farming’s role in improving water quality must be central to that vision. Whilst the evidence shows that agriculture is not the only factor affecting water quality in Wales, we are clear that farming has a key role to play in reducing its impact through addressing current levels of point source and diffuse pollution.
The Farmer-led approach to nutrient management concludes with findings and proposals for Welsh Government
This project was funded by NFU Cymru and NRW with support on the project Steering board from Dwr Cymru, Welsh Government and Farmers’ Union of Wales. The project aimed to collate the industry's appetite to engage with water quality on farm through good nutrient management and the understanding of risk within their holding from diffuse and point source pollution. This culminated in the creation of the Water Standard document.
Results of FOI request by NFU Cymru cast further doubt on NVZ proposals
Information obtained by NFU Cymru from NRW added to the union’s growing concerns that a decision on Welsh Government’s all-Wales Nitrate Vulnerable Zone proposals was being taken without a comprehensive understanding of costs and impacts. In response to a Freedom of Information (FOI) request for information on the advice and evidence provided by NRW to Welsh Government relating to regulatory proposals, NRW supplied its comments on the adequacy of the draft Regulatory Impact Assessment (RIA); also making a number of points in relation to reputational risks to NRW and Welsh Government should a whole territory NVZ approach be taken forward.
NFU Cymru produces NVZ lobbying document
NFU Cymru continued to stress that any decision by Welsh Government on future water quality regulations must be made based on the available evidence, science and a robust impact assessment.
NFU Cymru asks for information justifying NVZ approach to be made public
NFU Cymru called upon Welsh Government to make publicly available key information relating to the proposed introduction of Nitrate Vulnerable Zones (NVZ) across the whole of Wales in 2020.
NFU Cymru board calls out Welsh Government on proposed all-Wales NVZ approach
NFU Cymru’s Rural Affairs Board criticised Welsh Government on its plans and approach to introducing an all-Wales Nitrate Vulnerable Zone (NVZ) in Wales
NFU Cymru outlines lack of preparation by Welsh Government for proposed NVZ approach
Information obtained by NFU Cymru under an official information request highlighted significant deficiencies in Welsh Government’s preparations for the proposed introduction of all Wales Nitrate Vulnerable Zone (NVZ).
Briefing on Welsh Government Written Statement
This briefing provided an update for members following the Welsh Government Written Statement.
Summary of evidence to Minister
NFU Cymru submitted available evidence to the Minister which included analysis of a broad range of environment, economic, social and cultural factors.
Royal Welsh Show dedicated water quality seminar
NFU Cymru held a dedicated seminar at the Royal Welsh Show to discuss water quality and the voluntary farmer-led approach to nutrient management.
Industry-wide project group, spearheaded by NFU Cymru looks at nutrient management best practice
The initiative, the first of its kind in Wales, was led by Water Quality/Nutrient Management Project Manager Lorna Davis and overseen by two key stakeholder groups; the project steering board and the water quality task and finish group.
NFU Cymru advances legal concerns over new rules
Following the release of the details of the new regulations by Welsh Government and subsequent meetings with the Minister for Environment, Energy and Rural Affairs, Lesley Griffiths, NFU Cymru’s lawyers, working with legal panel firm JCP Solicitors and Counsel, raised with Welsh Government their concerns about the lawfulness of the proposed approach. Alongside NFU Cymru’s legal arguments, the Union flagged other worries about the new proposals.
NFU Cymru appoints Lorna Davis to the position of Water Quality/Nutrient Management Project Manager
The position was joint-funded with Natural Resources Wales and focussed on taking forward the work of the NRW Agri-Pollution Sub Group to develop farmer-led voluntary approaches to nutrient management. Lorna’s appointment was evidence of the ambition within NFU Cymru, and indeed the Welsh agricultural industry, to provide workable, farmer-led solutions to the issues affecting water quality in Wales.
Written Statement by Minister Lesley Griffiths on Agricultural Pollution and Regulatory Reform
The Minister outlined her intention to introduce regulations to tackle agricultural pollution that will apply across the whole of Wales. The regulations were set to come into force in January 2020, with transitional periods for some elements to allow farmers time to adapt and ensure compliance. The regulations will include the following measures:
- Nutrient management planning;
- Sustainable fertiliser applications linked to the requirement of the crop;
- Protection of water from pollution related to when, where and how fertilisers are spread; and
- Manure storage standards.
NFU Cymru arranges for Carmarthenshire farmers and fisherman come together to discuss ways to improve water quality
‘Farmers and fishermen have a shared interest in the condition of our water courses and are committed to working together to maintain and enhance water quality in Wales’. That was the message from NFU Cymru and the Carmarthenshire Fishermen’s Federation at a special farm walk held on-farm in Cwmifor, Llandeilo.
NFU Cymru submits its vision for improved water quality in Wales
The role of Welsh agriculture in maintaining and enhancing water quality in Wales was set out by NFU Cymru in their paper entitled ‘A vision for improved water quality in Wales’. The paper, shared with Welsh Government and NRW, identified the immediate opportunities to support the sector to make water quality improvements through a series of twenty recommendations around the themes of advice and guidance; improved investment support; as well as facilitating the uptake of technology and innovative approaches.
Written Statement by Minister Lesley Griffiths on the NVZ consultation
In this statement the Minster stated that she was minded to introduce a whole Wales approach to tackling nitrate pollution from agriculture.
Union puts forward 'workable alternative' to further NVZ designation
NFU Cymru urged Welsh Government to consider a ‘workable alternative’ to reducing nitrates from agriculture to prevent further extension of Nitrate Vulnerable Zones (NVZs) in Wales.
The new option put forward by NFU Cymru was designed by farmers and builds on an off-set scheme that has been operating successfully by a group of First Milk dairy farmers in the Cleddau Catchment in Pembrokeshire.
NFU Cymru’s NVZ consultation response
NFU Cymru responds to the Welsh Governments Nitrate Vulnerable Zones in Wales consultation.
NFU Cymru’s briefing event at the Senedd
NFU Cymru held a briefing event with Assembly Members to reveal the results of a survey showing members’ strong opposition to Welsh Government’s NVZ proposals.
NFU Cymru polls farmers on NVZ proposals
NFU Cymru joined forces with a Pembrokeshire campaigner to canvas views on the Welsh Government’s NVZ proposals. The survey collated views and helped further understand the impact across the agricultural sector of the proposals put forward as part of Welsh Government’s consultation on the Nitrate Directive in Wales.