OEP to investigate whether statutory guidance on Farming Rules for Water is lawful

The Office for Environmental Protection (OEP) has launched an investigation into the Government’s statutory guidance on applying the Farming Rules for Water (FRfW) – regulations which aim to reduce and prevent water pollution from agriculture by requiring farmers to plan the application of fertiliser so that it does not exceed the needs of the soil and crop.

Defra issued statutory guidance in 2022, setting out criteria the Environment Agency should consider when assessing whether it should take enforcement action under the FRfW. Helen Venn, the OEP’s chief regulatory officer, explained: “The OEP believes that the statutory guidance may be unlawful as some of the wording is not consistent with the regulations themselves. This guidance is likely to be relied upon by farmers and may therefore lead to breaches of the regulations when applying manure or fertiliser to the land.”

The investigation follows a complaint received by the OEP from WWF-UK and ClientEarth. The watchdog said it hoped that clarifying the law on the guidance will contribute to the wider review of water underway.