Concerns are growing that a decision on the proposed all-Wales Nitrate Vulnerable Zone is being taken without a 'comprehensive understanding' of costs and impacts.
Information has been obtained by NFU Cymru from Natural Resources Wales (NRW) - Welsh government’s principal adviser on issues relating to the environment and its natural resources.
The union requested, via an Freedom of Information (FOI) request, for information on the advice and evidence provided by NRW to Welsh government relating to regulatory proposals.
NRW has supplied its comments on the adequacy of the draft Regulatory Impact Assessment (RIA), also making a number of points in relation to reputational risks to NRW and Welsh government should a whole territory NVZ approach be taken forward.
NVZs are areas within Wales that contain surface water or groundwater susceptible to nitrate pollution from agricultural activities.
Numerous farm groups in the country believe an all-Wales proposal, due to be enforced this year, would not be effective in delivering water quality improvements.
NFU Cymru, which has campaigned for months to halt the plans, said the NVZs would also be highly damaging for farm businesses and the wider economy.
The union has expressed concerns that the proposals for the introduction of all-Wales regulatory approach to address agricultural pollution have been developed without a thorough understanding of costs and impacts.
NRW identified multiple shortcomings in the draft assessment, concluding that it did not fully follow Welsh government’s own guidance for RIAs, leaving it open to challenge from a number of stakeholders.
NRW identified that the draft RIA did not follow its own guidance in terms of comprehensive presentation of options or how they are assessed.
The RIA contains very little analysis on water quality, or the impact on the number of agricultural pollution incidents or diffuse pollution against Water Framework Directive classifications.
NRW also questioned how proportionate the proposed measures were in areas where low nitrate concentrations are found.
NFU Cymru Deputy President Aled Jones said the proposed new regulations 'will impact every farm, every sector and every area of Wales'.
“A comprehensive impact assessment must consider the impact of an all-Wales NVZ on farm viability, the capacity of farm businesses to afford the cost of new regulations and continue trading, as well as the impact of proposed NVZ regulations on employment - both direct and indirect - on Welsh farms, the allied industry and wider supply chain,” he said.
“We are clear that no decision should be taken by Welsh government without a comprehensive understanding of the full impact of that decision. The RIA is, therefore, a critical document.”
He added: “The information received from NRW through the FOI process only reinforces our concern that the RIA upon which an all Wales NVZ decision is to be taken is flawed.
“As a result, NFU Cymru has written to Welsh government and asked for the deficiencies to be addressed, with a fresh RIA to be undertaken without delay and ahead of the final decision to introduce regulation being taken.”
