Welsh Statutory Instrument 2021 Wales

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021

At a glance

What's here

66 compliance obligations, 1 practical guide · 2 journeys

Penalty landscape

1 of 66 obligations carry an unlimited fine. 65 have no criminal penalty — flagged in the list below.

Who this Act binds

Plus 1 non-business duty on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Supporting — topic alignment

1 guides

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Schedules

s.sch001a

Additional information to be recorded during the relevant period

  • Record phosphate content before spreading manure or fertiliser
s.sch001a

Risk maps – additional requirements

  • Complete and update risk map of your agricultural holding
s.sch001a

Closed period for ploughing grass on the holding

  • Do not plough grass on the holding during closed periods
s.sch001a

Crop rotation on the holding

  • Do not include prohibited nitrogen-fixing plants in crop rotation
s.sch001a

Recording the size of the holding

  • Record the total agricultural area and grass area of your holding
s.sch001a

Record of nitrogen and phosphate produced by animals

  • Record livestock numbers and calculate manure nitrogen and phosphate
s.sch001a

Livestock manure intended to be sent off the holding

  • Record livestock manure sent off your holding and its nitrogen content
s.sch001a

Fertilisation accounts

  • Submit fertilisation accounts to NRW by 31 March 2025
s.sch001a

Soil protection measures

  • Keep all agricultural land covered with crops, stubble or other vegetation
s.sch001a

Locations of supplementary feeding and drinking sites for livestock

  • Keep livestock feeding sites 20m and drinking sites 10m from watercourses
s.sch001a

Spreading organic manure near surface water during relevant period

  • Keep organic manure at least 15m from surface water (10m with precision spreader) during restricted period
s.sch001a

Livestock manure to be applied to the holding during relevant period

  • Only use manure from your own livestock during the closed period
s.sch001a

Soil sampling analysis

  • Carry out soil phosphorus sampling on each agricultural area
s.sch001a

Requirements for enhanced nutrient management plans

  • Prepare an enhanced nutrient management plan with soil tests and fertiliser calculations
s.sch001a

Total phosphorus spread on a holding during relevant period

  • Do not exceed maximum phosphate limits from fertiliser and manure
s.sch001a

Maximum phosphate limits by crop

  • Do not exceed maximum phosphate limits per crop without FACTS advice
s.sch003

Slurry and other liquid and semi-liquid organic manure

  • Sample slurry and send for analysis
s.sch005

The base of the silo must— (a) extend beyond any...

  • Silage silo base must include perimeter channels and drainage to an effluent tank
s.sch005

The capacity of the effluent tank must not be less...

  • Ensure silo effluent tank capacity meets minimum requirements
s.sch005

(1) The base of the silo must be—

  • Ensure silo base meets design or construction standards and is impermeable
s.sch005

The base and walls of the silo, its effluent tank...

  • Ensure silo and pipe materials resist silage effluent
s.sch005

No part of the silo, its effluent tank or channels...

  • Keep silo and effluent equipment at least 10 metres from water bodies
s.sch005

If the silo has retaining walls— (a) the retaining walls...

  • Ensure silo retaining walls meet strength, loading, and notice requirements
s.sch005

Subject to paragraph 9, the silo, its effluent tank and...

  • Ensure silo and effluent equipment is built to last 20 years with proper maintenance
s.sch005

If any part of an effluent tank is below ground...

  • Design below-ground effluent tanks to last 20 years without maintenance
s.sch006

The base of the slurry storage tank, the base and...

  • Ensure slurry and effluent storage structures are impermeable
s.sch006

The base and walls of the slurry storage tank, any...

  • Protect slurry storage tanks from corrosion to British Standard BS 5502
s.sch006

The base and walls of the slurry storage tank and...

  • Ensure slurry storage tank walls and base meet British Standard load capacity
s.sch006

(1) Any facilities used for the temporary storage of slurry...

  • Ensure temporary slurry storage has adequate capacity
s.sch006

In the case of a slurry storage tanks with walls...

  • Maintain required freeboard in slurry storage tanks
s.sch006

The slurry storage tank and any effluent tank, channels, pipes...

  • Design slurry storage and effluent systems for 20-year lifespan
s.sch006

If the walls of the slurry storage tank are not...

  • Ensure slurry storage tank base meets standards if walls are not impermeable
Browse 15 other Schedules — structural / supplementary
s.sch001a

Application of Schedule 1A

s.sch001a

Maintaining the holding as a qualifying grassland holding

s.sch001a

Sowing of crops following grass on the holding

s.sch001a

Records of crops sown

s.sch001a

Interpretation

s.sch001a

Records of spreading phosphate fertiliser

s.sch001a

Recording the date of ploughing

s.sch001a

Spreading of slurry during relevant period

s.sch001a

Determining the soil phosphorus index

s.sch001a

Planning the spreading of phosphate fertiliser

s.sch003

Solid manures

s.sch005

The requirement to be satisfied in relation to a silo...

s.sch006

The requirements to be satisfied in relation to a slurry...

s.sch006

(1) Subject to sub-paragraph (3), if the slurry storage tank...

s.sch006

No part of the slurry storage tank or any effluent...

s.004

Application of livestock manure – total nitrogen limit for the whole holding

  • Keep annual livestock manure nitrogen within 170 kg per hectare of your holding
s.004

Application of grazing and non-grazing livestock manure on qualifying grassland holdings during the relevant period

  • Stay within nitrogen limits on grassland or notify NRW and follow enhanced rules
s.004

Notice requirements

  • Notify NRW if you will exceed the 170 kg nitrogen per hectare limit on grassland and submit an enhanced nutrient management plan
s.006

Planning the spreading of nitrogen fertiliser

  • Plan the spreading of nitrogen fertiliser before application
s.007

Additional information to be recorded during the year

  • Calculate and record nitrogen from organic manure before spreading
s.008

Total nitrogen spread on a holding

  • Do not exceed statutory nitrogen limits on your holding
s.009

Calculating the amount of nitrogen available for crop uptake from organic manure

  • Calculate nitrogen available for crop uptake from organic manure
s.011

Risk maps

  • Maintain and update a farm risk map for organic manure spreading
s.012

When to spread fertiliser

  • Inspect fields before spreading nitrogen fertiliser and avoid spreading if high risk
s.013

Spreading manufactured nitrogen fertiliser near surface water

  • Do not spread manufactured nitrogen fertiliser within 2 metres of surface water
s.014

Spreading organic manure near surface water, boreholes, springs or wells

  • Do not spread organic manure near surface water, boreholes, springs, or wells
s.015

Controlling how nitrogen fertiliser is spread

  • Use low-trajectory slurry spreaders and spread nitrogen fertiliser accurately
s.016

Incorporating organic manure into the ground

  • Incorporate organic manure into soil within 24 hours
s.018

Closed periods for spreading organic manure with high readily available nitrogen

  • Do not spread high-nitrogen organic manure during closed periods
s.021

Restrictions following the closed period

  • Limit slurry and poultry manure spreading after the closed period
s.022

Times in which spreading manufactured nitrogen fertiliser is prohibited

  • Do not spread manufactured nitrogen fertiliser during closed periods
s.023

Storage of organic manure

  • Store organic manure correctly on your farm or holding
s.027

Temporary field sites

  • Comply with rules for temporary field sites
s.028

Separation of slurry

  • Separate slurry using approved methods only
s.029

Storage capacity

  • Provide sufficient storage for slurry and poultry manure during winter storage period
s.030

Notice requiring works etc.

  • Comply with NRW notice to carry out works to prevent water pollution
s.032

Notice of construction etc.

  • Notify NRW before constructing new silage or slurry storage
s.033

Recording the size of the holding

  • Record the total size of your agricultural holding
s.034

Records relating to storage of manure during the storage period

  • Maintain records of manure storage capacity and production
s.035

Annual records relating to storage

  • Record livestock numbers and field heap sites annually
s.036

Record of nitrogen produced by animals on the holding

  • Record animal numbers and calculate nitrogen from manure each year
s.037

Livestock manure brought on to or sent off the holding

  • Record details of livestock manure brought onto or sent off the holding
s.038

Sampling and analysis

  • Keep original laboratory reports for nitrogen content analysis of organic manure
s.039

Records of crops sown

  • Record crop sown and sowing date within one week
s.041

Subsequent records

  • Record arable crop yields and grassland management
s.042

Keeping of advice

  • Keep copies of FACTS-qualified fertiliser advice for 5 years
s.043

Duration of records

  • Keep records for at least 5 years
s.044

Monitoring and review

Other duties (1) — Crown / regulator
  • Welsh Ministers must monitor and review effectiveness of agricultural pollution measures Crown / Minister / Government department
s.046

Offences and penalties

Unlimited fine
  • Contravene agricultural pollution regulations
Browse 17 other sections — procedural / definitional / commencement
s.001

Title, application and commencement

s.002

Transitional measures for holdings not previously in a nitrate vulnerable zone

s.003

Interpretation

s.005

Spreading organic manure — nitrogen limits per hectare

s.010

Maximum nitrogen limits by crop

s.017

Meaning of “organic manure with high readily available nitrogen”

s.019

Exemptions: crops sown before 15 September

s.020

Exemptions for organic holdings

s.024

Making or storage of silage

s.025

Storage of slurry

s.026

Exemptions to the storage requirements

s.031

Appeals against regulation 30 notices

s.040

Records of spreading nitrogen fertiliser

s.045

Alternative measures

s.047

Enforcement

s.048

Revocations

s.049

Consequential amendments

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

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