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

UK Statutory Instrument 2018 No. 151 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 5 February 2018
In force from: 2 April 2018
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations set out provisions to reduce and prevent the pollution of waters from diffuse agricultural sources and apply to persons who have custody or control of agricultural land in England (“land managers”). These Regulations implement, along with other existing measures, Article 11(3)(h) of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (OJ No L 327, 22.12.2000, p 1), which requires Member States to implement basic measures to prevent or control the input of pollutants from diffuse sources. Regulations 3 to 8 set out provisions on the application of organic manure and manufactured fertiliser to agricultural land. This includes a requirement to take into account factors that indicate a significant risk of agricultural diffuse pollution. For cultivated land only, the results of soil sampling and analysis must also be taken into account. Regulation 9 imposes restrictions on the storage of organic manure and regulation 10 establishes requirements for the management of livestock and soil. Regulations 4 and 10 also require land managers to take reasonable precautions to prevent agricultural diffuse pollution. Illustrative lists of reasonable precautions are provided. Regulations 11 to 14 provide that failure to comply with these Regulations is an offence punishable by a fine on summary conviction or on conviction on indictment. The Environment Agency, the body which has the function of enforcing these Regulations, can also impose civil sanctions pursuant to provisions in the Environmental Civil Sanctions (England) Order 2010 (S.I. 2010/1157). Regulation 15 gives the Secretary of State the power to issue guidance to the Environment Agency on how it should exercise its functions under these Regulations. The Environment Agency must have regard to any such guidance when exercising its functions under these Regulations. A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Water Quality Division, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR, and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Offences created by this instrument

A person who fails to comply with the requirements of any of regulations 3 to 10 commits an offence regulation 11(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Agriculture Bill Lords · Lords Chamber · 23 July 2020 · Lord Randall of Uxbridge [V]
My Lords, it is always a great honour to follow the noble Baroness, Lady Young of Old Scone, and I am sure that nobody would tire of hearing her, even at this time. I am sure that I will hear a collective sigh of relief because I think this will be my last contribution to the Committee. I thank the Committee for its indulgence, not least my two noble friends on the Front Bench who have had to listen to my ramblings. The noble Baroness, Lady Young of Old Scone, has already referred to the two amendments standing in my name. I am grateful to her and to the noble Baronesses, Lady Bennett of…
Retained EU Law (Revocation and Reform) Bill (Fourth sitting) Commons · Public Bill Committees · 22 November 2022 · Alex Sobel (Leeds North West) (Lab/Co-op)
I beg to move amendment 74, in clause 1, page 1, line 9, at end insert— “(2A) Subsection (1) does not apply to the following instruments— (a) The REACH Regulation and the REACH Enforcement Regulations 2008, (b) The Conservation of Habitats and Species Regulations 2017, (c) The Conservation of Offshore Marine Habitats and Species Regulations 2017, (d) The Urban Waste Water Treatment (England and Wales) Regulations 1994, (e) The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010, (f) The Bathing Waters Regulations 2013, (g) Water…
Retained EU Law (Revocation and Reform) Bill (Fourth sitting) Commons · Public Bill Committees · 22 November 2022 · Alex Sobel
You will have to intervene if you want me to say it again. Those chemicals are linked to an increased cancer risk, putting our children’s health at risk. The protective gap between the UK and the EU could become a chasm over the years ahead as the EU takes forward its chemicals strategy for sustainability. That is likely to result in the dumping of harmful chemical products on the UK market, with the divergence harming UK businesses. There is a severe lack of chemical safety data. This is the central challenge of a separate, stand-alone system and it still has not been resolved. Deadlines…
Retained EU Law (Revocation and Reform) Bill Commons · Commons Chamber · 18 January 2023 · Mr Speaker
With this it will be convenient to discuss the following: New clause 2— Conditions for bringing sections 3, 4 and 5 into force — “(1) None of sections 3, 4 or 5 may be brought into force unless all the following conditions have been satisfied. (2) The first condition is that a Minister of the Crown has, after consulting organisations and persons representative of interests substantially affected by, or with expertise in the likely legal effect of, that section on a draft of that report, laid a report before each House of Parliament setting out, with reasons, the Minister’s view as to the…

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

Instrument created 5 February 2018
Instrument made (signed into law) 5 February 2018
Laid before the House of Commons 7 February 2018 · Commons
Laid before the House of Lords 7 February 2018 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 21 February 2018 · Commons, Lords
Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 21 February 2018 · Commons, Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 27 February 2018 · Lords
Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 27 February 2018 · Lords
Objection period ends 29 March 2018
Instrument remains law 29 March 2018
Procedure concluded in the House of Commons and the House of Lords 29 March 2018 · Commons, Lords
Instrument comes into force as law Date not recorded

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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