NFU Scotland has reacted strongly to proposals by the Scottish government to change the General binding Rules governing fertiliser application.

The proposed changes to GBR 18 would prohibit spreading organic or inorganic fertiliser on land with an overall gradient in excess of 12 degrees, to prevent runoff. A rewording of GBR 23 could also result in a ban on the application or drift of pesticides over ground with a slope of 12 degrees or more leading to surface water, unless there is a ten metre vegetated buffer zone.

The new rules aim to reduce water pollution in Scotland, after it was revealed last month that some water catchments have been so affected by diffuse pollution that water no longer meets safety standards and requires treatment (the situation is particularly severe in the River Ugie catchment).

Earlier in the month, NFU Scotland responded to the Scottish government’s consultation on the proposals, claiming the proposed changes are “Neither risk based, nor proportionate.”

The union claims that it is working with the Scottish Environment Protection Agency (SEPA) to help farmers minimise pollution, which it does acknowledge is a problem in certain areas, though NFUS Policy Manager Andrew Bauer said in a statement, "We as a Union have no choice but to strongly oppose some of the detail of Scottish Government’s proposals. A large proportion of Scottish farmland slopes more than 12 degrees, therefore a ban on the use of festilisers and pesticides on this land would have a drastic impact on Scottish agricultural productivity and Scotland’s food security."

Mr Bauer claimed the new legislation oversimplifies the causes of pollution and is disproportionate to the threat posed by using fertilisers and chemicals on sloping land. Union officials have today contacted government ministers to push for more ‘risk-based’ measures.

Conservative and Lib Dem MSPs have joined the union in criticising the proposals, calling them “overly bureaucratic” and “unworkable.” However, the Scottish government maintains the new legislation will “achieve additional benefits for biodiversity, climate change and flood risk management”.  

Update: 11/04/2012. 10:20.

Scottish Farming Minister Richard Lochhead responded yesterday evening to NFUS concerns, claiming that the new guidelines will not hamper farmers. He said the updates to the GBRs will simply bring these rules into line with current CAP cross compliance regulations which came into effect on 1st January.

The minister said Scottish government representatives will meet with NFU representatives today to address their concerns. He explained, “These rules are about preventing nitrogen from fertilisers entering water and harming our environment. The amendments we are making to our water environment regulations will simply bring them into line with EU cross compliance rules, which farmers must comply with to receive their Single Farm Payment.

“These should not have a significant impact on many farmers, particularly as there is already a requirement for a fertiliser-free buffer zone around any water course. Indeed, there will be no additional burden on farmers beyond the effort required to comply with the EU rules.”

Mr Lochhead denied that the new rules merely take the slope of land into account, at the expense of other considerations, as the NFU had suggested; he stated, “The EU rules which came into force on January 1 require farmers to consider a range of issues, including the slope of their land, to minimise the risk of nitrogen entering the water. Farmers who responsibly follow existing best practice should not be troubled by the new regulations - though those with steeply sloping land, which drains directly into a burn or stream, will be required to take extra care.”

He added that, in order to offer effective environmental protection, in addition to dealing with the gradient of land, the new regulations feature considerations on ground cover, proximity of land to surface water, weather conditions and the type of fertiliser or chemical being applied.

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