Government’s revised Statutory Guidance in applying Farming Rules for Water (FRfW) regulations is a positive step in improving water quality, says the Office for Environmental Protection (OEP) today (Tuesday, October 14) as it closes an investigation into the previous advice for possible legal failures.
The regulations aim to reduce and prevent water pollution from agriculture by requiring farmers to plan the application of organic manure and manufactured 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.
However, the OEP considered this guidance may have breached the law as the wording was inconsistent with these regulations. It meant that farmers and other land managers who may have been relying on this guidance could be applying manure or fertiliser to the land but not as the regulations intended.
Agricultural sources, such as run-off from manure and fertiliser, play a significant role in the pollution of our waterways.
Following a complaint from WWF-UK and ClientEarth the OEP launched an investigation in November 2024 and issued an Information Notice to Defra’s Secretary of State.
During the OEP’s investigation Defra revised its Statutory Guidance on 18 June, 2025 and as a result the OEP is now able to close its investigation it announced today (Tuesday, October 14).
The OEP report has found:
- Defra failed to comply with environmental law in applying its previous Statutory Guidance to FRfW regulations
- Defra’s revised Statutory Guidance now reflects the FRfW regulations
OEP Chair Dame Glenys Stacey said: “We welcome the work Defra has done to ensure this key guidance that farmers may rely on correctly reflects the regulations.
“It is so important that those who farm the land are given clear guidance, now and in the future, as to what they can and can’t do legally so our precious waters are protected as the law intended.
“We understand Government intends to reform FRfW regulations and we look forward to working with Defra as it develops its proposals in this area. In undertaking this reform, it is important to ensure clarity on what the law requires for farmers and other land managers.”
Dame Glenys added: “Our annual progress report on the Environmental Improvement Plan shows government is largely off track to meet its water quality and biodiversity targets. Revising this guidance is a much-needed positive step towards helping change this trajectory and maintaining the necessary focus on water quality that government has publicly committed to. We will continue to take a keen interest in this area as much is still needed to be done.”
The OEP makes two recommendations to Defra in its investigation report:
- To take further steps to provide clarity to farmers on the requirements of the law
- The legal review of FRfW regulations should be completed and published as soon as possible
OEP Chief Regulatory Officer, Helen Venn, said: “We hope our investigation report’s recommendations prove useful to Defra as it carries out its reform of the FRfW regulations.
“In our report we recommend further clarity in relation to the revised guidance so farmers are able to understand fully what they legally can and cannot do when applying manure and fertiliser now and in the future.
“There is a great deal of change underway in the water sector. It is important that the legal review of the FRfW regulation is completed in a timely way to help inform the coming reforms. Defra must assess how well these regulations are working and make the necessary changes to help drive water quality improvement to better protect our rivers, lakes and coastal waters.”
To read the full investigation report please press the blue button at the side of this page.
