The Nitrate Pollution Prevention Regulations 2015: post-implementation review - RPC opinion (green-rated)
Regulatory Policy Committee opinion of The Department for the Environment, Food and Rural Affairs’ post-implementation review (PIR) of The Nitrate Pollution Prevention Regulations 2015
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The Nitrate Pollution Prevention Regulations 2015 came into force on 1 May 2015, consolidating, and revoking, a number of related regulations, in particular the, then, existing 2008 regulations. The regulations are intended to secure greater protection of the water environment against nitrogen pollution from agricultural activities. They do so by identifying land that drains into nitrate-polluted waters and by requiring farmers on that land to adopt farming practices designed to reduce the risk of causing such pollution.
The regulations require a PIR of them to be undertaken, and for a report to be published, every five years. The present PIR is, however, the first; one was not undertaken in 2020 as required. The PIR, however, considers the regulations over an extended period from 2015 to 2023. It reflects on the impact assessment (IA) from the 2008 regulations, which is considered to be an appropriate representation of the projected impacts of the nitrate pollution prevention regulations. An IA was not produced for the 2015 regulations as they were largely consolidating, and made no substantive changes to the 2008 regulations.
The PIR concludes that the objectives of regulations remain relevant. However, with low and variable compliance levels, the PIR also concludes that the regulations are not achieving the intended reductions in nitrate concentrations and potential environmental outcomes fully. The PIR recommends amending the agriculture pollution prevention regulatory framework, which includes The Nitrate Pollution Prevention Regulations 2015, The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 and The Water Resources (Control of Pollution) (Silage, Slurry and Agriculture Fuel Oil) (England) Regulations 2010, to: address the issues raised in the PIR; reduce the regulatory burden; increase compliance and enhance water quality outcomes.
The RPC considers the PIR to be fit for purpose; green-rated. The recommendation to amend the regulatory framework is supported by sufficient evidence demonstrating the limited improvements in water quality, as well as mixed compliance rates by farmers. The PIR would benefit from identifying clearly where the scope for improvement lies and explain what refinements will be made to the regulations.