Only nine farms have been prosecuted under laws introduced eight years ago to reduce agricultural pollution in rivers – despite more than 10,000 breaches being identified, The i Paper can reveal.Those who were convicted of serious pollution incidents have been fined as little as £137, which campaigners say is a sign that “river pollution is being tolerated”.The i Paper has been calling on the Government to do more to reduce agricultural pollution as part of its Save Britain’s Rivers campaign.
Alongside sewage discharges, agriculture is one of the largest sources of pollution into England’s rivers. The problem largely occurs when rain washes pesticides, fertilisers and manure into waterways, all of which can kill fish and damage ecosystems. To address this issue, the previous Conservative government introduced the Farming Rules for Water, regulations that set out how farmers must manage their land to minimise pollution. This includes practices such as reducing manure and fertiliser use, and creating buffer zones between fields and waterways where organic materials and chemicals cannot be spread. Since the regulations were introduced in 2018, the Environment Agency (EA) has identified 10,782 breaches, according to a Freedom of Information request submitted by The i Paper. Many of these breaches may be for minor infringements and can be remedied following advice from inspectors. But in the most serious cases, the EA has the power to take farmers to court and impose unlimited fines.However, just nine farmers have been prosecuted since the rules came into force in 2018, amounting to a total of £11,031 in fines. The largest issued was £7,000 to JD Spencer & Sons near Chippenham, which was convicted of causing two slurry spills that polluted the Bristol Avon.Some farmers were not fined despite being convcited of breaking the rules, while others were fined as little as £137. The EA also has the ability to fine farmers without taking them to court. However the regulator was unable to say how many penalties it had issued, when asked by The i Paper. “More than 10,000 breaches and just nine prosecutions is not enforcement – it’s a signal that river pollution is being tolerated,” said Dr Janina Gray, Deputy CEO at WildFish. “When the risk of enforcement is so low, the rules cease to act as an effective deterrent, which is unfair to responsible farmers and disastrous for rivers, wildlife and fish.”The majority (84 per cent) of water bodies in England are failing to meet ecological health standards – meaning they are not supporting healthy ecosystems. Around 40 per cent of these are failing at least in part due to agricultural pollution, according to the Department for Environment, Food and Rural Affairs (Defra).The River Wye in particular has become a symbol of ecological decline due to the impact of intensive farming. In recent years hundreds of chicken megafarms have been approved in the Wye’s catchment area and the river is suffering from excessive nutrient pollution, which suffocates aquatic plants and wildlife.
Campaign group River Action previously challenged the EA in court for failing to enforce the Farming Rules for Water in the Wye catchment. The case was dismissed as the judge found the EA had changed its approach.
Responding the latest prosecution figures, River Action CEO James Wallace said he was “dismayed that so few repeat offenders have been prosecuted”.
He added: “Like any industry, there are bad actors who willingly break the rules. However, many farmers struggle to make a living while complying with the law and caring for our rivers.”Many British farmers have been driven towards intensification as a range of factors, including high costs, climate change and leaving the EU, have made it increasingly harder to make a profit. The i Paper has been calling on the Government to help farmers reduce pollution by increasing the amount of grants available under the Environmental Land Management (ELM) scheme, which pays farmers for managing their land in an environmentally friendly manner. Earlier this month ministers announced an additional £290m in sustainable farming grants. However, the National Farmers Union said there was still a “significant gap” for farmers, who are struggling with increased costs due to the war in Iran.
NFU deputy president Paul Tompkins said farmers were making “huge efforts are being made to prevent pollution and protect water quality”. Further progress “depends on collaborative, industry-led solutions, together with practical support from government and the supply chain to build resilience into farming so we can protect our rivers while safeguarding UK food security”, he added.
Martin Lines, a farmer and CEO of the Nature Friendly Farming Network, said: “Many farmers currently are struggling to comply with the rules as they struggle to afford the cost of investing in new manure or slurry storage.”
The EA has been given additional funding and plans to boost the number of annual farm inspections from 4,000 to 6,000 by 2029.
“The figures clearly show that there are a lot of breaches and this has been over a period of time that the EA has had little resources to visit farms. With the increased funding to EA for more farm visits we will see these numbers increase,” Lines said.An EA spokesperson said: “Since 2021 we have carried out over 19,000 farm inspections and nearly 20,000 improvement actions have been completed by farmers, with the vast majority bringing themselves into compliance without us having to take further action. “Where farmers don’t comply or there is risk of serious pollution, we won’t hesitate to take enforcement action to protect our environment and ensure serious offences are sanctioned appropriately.”
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