NFU Cymru is exploring a legal challenge to the Welsh government’s decision to introduce controversial agricultural pollution regulations.
Legal panel firm JCP Solicitors have written to Welsh government to question the lawfulness of the decision to introduce the new water quality rules.
A nitrate vulnerable zone (NVZ) designation is set to rolled out gradually across the whole of Wales, starting from 1 April 2021.
NVZs are areas within Wales that contain surface water or groundwater susceptible to nitrate pollution from agricultural activities.
Agricultural pollution incidents 'remain very high', according to the Welsh government, averaging over three per week in the last three years.
It said some of these had led to the contamination of drinking water sources and the destruction of plant and aquatic life in parts of waterways.
But farming industry groups fear the new regulations pose a significant threat to the economic viability of Welsh farming.
The Farmers' Union of Wales (FUW) recently warned that tenants, young farmers and small family farms were at particular risk of the plans.
According to NFU Cymru, the Welsh government had 'failed' to take into account relevant information and feedback from stakeholders.
The union said concerns particularly focused on the 'inadequacy' of the Regulatory Impact Assessment (RIA) published alongside the regulations, and the 'complete omission' of the grassland derogation outlined in earlier draft regulations.
Farming groups have flagged other worries about the new regulations, particularly in relation to the timing of their introduction against the backdrop of the pandemic.
The proposed package to support farmers to adapt the changes has also been criticised as 'woefully inadequate'.
NFU Cymru President John Davies said an all-Wales NVZ was 'indiscriminate and punitive' as it would 'affect every sector and every farmer'.
"[Farmers] will be subject to draconian record keeping, complex restrictions on the day-to-day running of their businesses and, for many, exorbitant costs," he said.
"The strength of feeling over this regulation from not only farmers, but also from those thousands of businesses who rely on a productive farming sector, has been overwhelming and NFU Cymru is acting for each and every one of them."
It comes as the Shadow Rural Affairs Minister, Llyr Gruffydd is set to propose an annulment of the regulations during a Senedd debate today (3 March).
Ahead of the debate, NFU Cymru has lobbied with Members of Senedd from all political parties.
Mr Davies said: "Members have already received more than 10,000 emails from concerned farmers, all of whom share very real fears as to the harmful impact of these regulations.
"Those concerns cannot – and should not – be ignored."
However, the Welsh government said in January that the industry has had the past four years to address the issue of pollution.
The Minister for Rural Affairs, Lesley Griffiths said agricultural pollution had affected water bodies across Wales for 'far too long'.
"I am determined to act to protect the Welsh countryside, while supporting our farmers that want to do the right thing," she said.
"We continue to face a rate of more than three agricultural pollution incidents per week, and against such a backdrop, we are bound to do all we can protect the public and the environment.
"This also provides an opportunity for farmers to uphold exceptional standards that in turn will bolster the image of Wales’ agricultural industry."
Initial 'good practice requirements' for the NVZ roll-out will be introduced from 1 April 2021.
