Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996: implementation report 2020 to 2023

5. Pollution mitigation measures in Scotland

5.1 Code of good practice

In Scotland, the code of good agricultural practice, which was required according to the provisions of Article 4 and Annex II of in the Nitrates Directive, has been established in the 'Prevention of Environmental Pollution from Agricultural Activity' (the PEPFAA Code). The PEPFAA code is freely available to farmers and advisers and has been widely publicised over the years.

The current edition of the PEPFAA code was approved by Ministers under the Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 2005 – (SSI 2005/63). It provides practical guidance for farmers and advisers throughout Scotland to help minimise the risk of pollution, not only to water, but also to air and soil. In particular, it advises on the management and land application of livestock slurries and manures, non-agricultural fertilisers, and on nitrogen and phosphorus fertilisers.

Since 2010 Scotland has moved progressively towards a web-based information hub which allows greater flexibility in providing and updating information. Much of the code of good practice is replicated in, and supported by, a dedicated website Farming & Water Scotland. This website provides information on compliance with relevant legislation and good practice advice on all activities which have the potential to impact on the water environment.

The PEPFAA Code of good practice was updated to reflect current best farming practice and sits alongside the Know the Rules information which highlights what farmers need to do to protect the water environment and comply with Scotland's relevant nitrates legislation.

5.2 Diffuse Pollution General Binding Rules

In 2005, Scotland introduced the Water Environment (Controlled Activities) (Scotland) Regulations 2005. These regulations were replaced in 2011 by the Water Environment (Controlled Activities) (Scotland) Regulations 2011 ("CAR 2011"). They impose regulatory controls over activities likely to impact on the water environment, in order to protect, improve and promote sustainable use of Scotland's water environment. This includes wetlands, rivers, lochs, transitional waters (estuaries), coastal waters and groundwater.

CAR 2011 contains a set of general binding rules (GBRs) and places controls on activities which have the potential to cause pollution of the water environment. Developed from already widely accepted good practice guidance, such as the Prevention of Environmental Pollution from Agricultural Activity Code (PEPFAA), the CAR 2011 GBRs present a statutory baseline which provide a general level of environmental protection and contribute significantly to water quality improvements.

The activities covered by the CAR 2011 GBRs are:

• storage and application of fertilisers, organic and mineral;
• keeping of livestock;
• cultivation of land;
• discharge of surface water run-off;
• construction and maintenance of waterbound roads and tracks;
• application of pesticide;
• operation of sheep dipping facilities

The GBRs apply across the whole of Scotland and some of the rules were based on those already within the Action Programme for Nitrate Vulnerable Zones. In NVZs the Action Programme takes precedence with the GBRs applying where measures not already covered by the Action Programme. These GBRs were reviewed in 2013 and 2017, with further amendments being introduced.

Those amendments also changed the existing General Binding Rules (GBRs) to provide clarity, and six new GBRs were added. In summary:

• GBR 29 relates to making and storing silage in bales or bulk bags
• GBRs 30 and 33 relate to the treatment of lightly contaminated silage and slurry through a constructed farm wetland.
• GBRs 31 and 32 relate to consolidation of SSAFO rules on the storage of silage and slurry.
• GBR 34 provides controls over the storage of liquid digestate, a by-product of the energy production process using anaerobic digestion.

In addition, the key amendment to activity 18 introduces a phased move to low emission precision method application of slurries and digestate. Precision application will protect water quality and air quality, and benefit climate change by reducing greenhouse gas emissions. The consolidation of SSAFO provisions into CAR includes the removal of an exemption for silage and slurry stores constructed prior to September 1991.

The amendments to existing GBR 18 and six new activities (29-34) will provide further protection of the water environment from agricultural activities along with supporting Scotland's air quality and climate change targets.

5.3 Promotion of Good Practice

The Scottish Government has developed a number of other methods for promoting good practice among farmers both within and outside NVZs. In particular, the Scottish Government funds the Farm Advisory Service (FAS) to work with the farming industry. This includes a number of farmer meetings and farm demostrations, which amongst other things, includes demonstration and promotion of the PEPFAA code and other good practice guidance, NVZ awareness raising, nutrient management planning and handling/storage of livestock manure. FAS also manages the Farming and Water Scotland website on behalf of Scottish Government.

5.4 Awareness-raising campaigns and other advisory activities

A program of rural diffuse pollution work started in 2010, to help deliver the objectives outlined in first River Basin Management Plans (RBMPs) for the Scotland and Solway-Tweed river basin districts.

Diffuse Pollution Priority catchments, containing some of Scotland's most important waters (for conservation, drinking water, bathing and fishing), have been selected using a risk-based approach for action. Work will also include the mitigation of other water environment impacts, such as morphological change, abstractions, flooding and alien species, where these are also causing waterbody downgrades. In the second River Basin Management Plans the priority catchment approach covered 57 catchments.

Dedicated priority catchment coordinators have been appointed to investigate the issues each catchment faces and liaise with local land managers to implement the measures.