UK Statutory Instrument 2018 United Kingdom

Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018

What this means for your business

5 obligations
3 penalties
2 guides
Enforced by
Environment Agency, DEFRA
Applies to
United Kingdom
On this page
5 compliance obligations, 2 practical guides
Read full text on legislation.gov.uk

What you must do

5 compliance obligations under this legislation.

Risk assessment 1

Use up‑to‑date soil tests when planning manure or fertiliser applications

If you plan to spread organic manure or manufactured fertiliser on cultivated farmland, you must look at recent soil test results. The tests must show the soil’s pH and the levels of nitrogen, phosphorus, magnesium and potassium and must be no older than five years. This ensures you only apply what the soil needs and prevents excess nutrient pollution.

Any Person s.5 Environment Agency When planning an application of organic manure or manufactured fertiliser to cultivated …

Management duties 3

Do not spread organic manure within 50 metres of springs, wells or boreholes

Unlimited fine

If you manage a farm and your land has a spring, well or borehole, you must keep a 50‑metre buffer zone around it. This means you cannot spread organic manure inside that distance – you’ll need to plan where you apply manure so it stays outside the buffer.

Any Person s.8 Environment Agency While applying organic manure within 50 metres of a spring, well or …

Keep manufactured fertiliser out of water sources

If you manage land that could use fertiliser, you must not apply any manufactured fertiliser within two metres of any inland or coastal water, or any spring, well or borehole. In practice that means you need to keep a clear record of where you spread fertiliser so you can prove it’s not too close to water.

Any Person s.6 Environment Agency

Prevent livestock pollution by managing feeder location and soil practices

Unlimited fine

You must stop livestock from polluting nearby water by placing feeders away from streams, springs and other water sources. In addition to these distance rules, you need to adopt sensible soil‑ and livestock‑management measures such as fencing, buffer strips and regular livestock movement to keep the land clean. All of this applies whenever you manage agricultural land.

Landlord/Property Owner s.10 Environment Agency When placing or maintaining livestock feeders on agricultural land

Offences and prohibitions 1

Fail to comply with regulations 3‑10 (agricultural pollution)

Unlimited fine

If you (or your business) do not follow any of the requirements set out in regulations 3 to 10 – for example rules on storing manure, managing livestock or soil – you commit a criminal offence. On conviction you will be liable to an unlimited fine, and the offence can be tried either in a Magistrates' Court or a Crown Court. Directors, managers or anyone acting as an officer can also be prosecuted personally if they consent to or neglect the breach.

Any Person s.11 Environment Agency

Penalties for non-compliance

3 penalties under this legislation. 3 carry an unlimited fine.

Unlimited fine

Do not spread organic manure within 50 metres of springs, wells or boreholes

Unlimited fine

Either way s.8 Penalises: Do not spread organic manure within 50 metres …
Unlimited fine

Prevent livestock pollution by managing feeder location and soil practices

Unlimited fine

Either way s.10 Penalises: Prevent livestock pollution by managing feeder location and …
Unlimited fine

Fail to comply with regulations 3‑10 (agricultural pollution)

Unlimited fine

Either way s.11 Penalises: Fail to comply with regulations 3‑10 (agricultural pollution)

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

16 classified provisions from this legislation.

Duties 8

  • s.3 Circumstances in which applying organic manure and manufactured fertiliser is prohibited A land manager
  • s.4 Applying organic manure and manufactured fertiliser to agricultural land A land manager
  • s.5 Applying organic manure and manufactured fertiliser to cultivated agricultural land a land manager
  • s.6 Applying manufactured fertiliser near inland freshwaters or coastal waters, or near a spring, well or borehole A land manager
  • s.7 Applying organic manure near inland freshwaters or coastal waters A land manager
  • s.8 Applying organic manure near a spring, well or borehole A land manager
  • s.9 Storing organic manure A land manager
  • s.10 Managing livestock and soil A land manager

Offences and penalties 1

  • s.11 Offence and penalty

Powers 1

  • s.15 Guidance to the Agency

Definitions 2

  • s.2 Interpretation the Agency agricultural diffuse pollution agricultural land
  • s.16 Review

Exemptions 1

  • s.12 Defence of due diligence