The Scottish Government

« Previous | Contents | Next »

Listen

1. INTRODUCTION

This paper

As progress is made in tackling point source pollution, diffuse pollution has emerged as a significant problem. Individually the sources may be small, but collectively the impact is significant. This is particularly the case for extensive rural land uses, in particular agriculture and forestry, which this paper discusses.

Pollution from agriculture has been identified as the greatest single risk from rural diffuse sources to achieving good ecological status in Scotland's water environment. Current environmental legislation has been designed primarily to deal with point source pollution and it is not very effective in preventing or mitigating the effects of diffuse pollution. This paper proposes a development of the legal framework, together with programmes of action. The aims are both to establish a system of control over diffuse pollution and to bring about improvements in the state of Scotland's waters.

The Water Framework Directive ( WFD) context

The Water Environment and Water Services (Scotland) Act 2003 (the WEWS Act) has established a broad framework for the future management of our rivers, lochs, coasts and groundwater. Under the Act we are required to introduce measures to protect the water environment and achieve good quality in Scotland's waters. The aim of the WEWS Act is to protect and improve the chemical, biological and ecological status of the water environment. However, it is also important to protect the social and economic interests of those who depend on our water environment.

The Water Framework Directive requires the introduction of a programme of measures, including basic measures to prevent or control diffuse pollution, in order to achieve good water status by 2015. These measures must be in place by 2009 and operational by 2012; they will operate within the river basin management planning process. Some of these measures have already been introduced for various activities under the Controlled Activities Regulations. The Directive also provides that 'basic' measures may be assisted by supplementary measures, which may include voluntary action.

In 2005 the Executive introduced the Water Environment (Controlled Activities) (Scotland) Regulations ( CAR) which provide controls over a range of activities liable to have an impact on the water environment. The CAR provide that activities which constitute a threat to the water environment, in this context a threat to water quality as a result of pollution, are permitted only if authorised under the proposed regime. They update and replace the controls in the Control of Pollution Act 1974 and Groundwater Regulations 1998, under which all discharges of pollutants were subject to licence by SEPA.

More detail is given in the Executive's Policy Statement and Regulatory Impact Assessment

http://www.scotland.gov.uk/Publications/2005/05/0995747/57525 from May 2005 (paper 2005/10) on the Controlled Activities Regulations.

In order to achieve the balance of environmental, social and economic objectives, we believe it is necessary to introduce simple and flexible measures based on an assessment of risk posed to the water environment. Such measures must be selective, proportionate, and streamlined. These controls will be a key tool in the achievement of environmental objectives set out through the river basin management planning process.

The Executive recognises that, while the CAR provide a framework for controlling pollution, additional measures are required to address the impacts of pollution from diffuse sources. A purely regulatory approach will not be sufficient, it is envisaged that farmers will require extra help to understand what is expected of them to address diffuse pollution.

Diffuse Pollution from Rural Land Use

Diffuse pollution is an important issue in Scotland. Sources of diffuse pollution are many and varied, from the leaking of oil to the erosion of soil. This range of sources leads to a variety of impacts such as the contamination of drinking water and the silting of rivers. Significant costs can be incurred in, for example, the loss of amenity value and remedial action to remove pollutants.

Agriculture and, to a lesser extent, forestry are identified in SEPA's report on pressures and impacts on the water environment ("the characterisation report") as industries associated with a significant number of water bodies at risk of achieving WFD water quality targets, because of diffuse pollution.

Scotland has a high proportion of its land devoted to agriculture. Much of Scotland's agricultural land supports extensive production of sheep and cattle in upland areas, with intensive arable and livestock agriculture limited to lowland regions. Since the 1950s there have been substantial increases in agricultural outputs, both of crops and of livestock. Changes in agricultural production have involved increased fertiliser and pesticide inputs, as well as in some cases higher levels of soil loss. Since the 1950s:

• the amount of inorganic nitrogen applied to agricultural land has increased by seven times (+600%) and at the same time
• phosphorus application has almost doubled (+70%).

SEPA estimates that some 45,000 tonnes of nitrate are lost from agriculture to surface waters and groundwater every year, and some 2,800 tonnes of phosphate. Nitrogen (N) and Phosphorus (P) are essential plant nutrients, and valuable resources, but when they are lost from the land to the water environment they are a contributor to the process of eutrophication, which may result in an undesirable disturbance to natural conditions. The nutrients lost in this way come from livestock manures and from inorganic fertilisers.

Soil losses from agricultural activities are estimated at 780,000 tonnes a year, with a further 13,000 tonnes a year from forestry.

These losses are a primary source of diffuse pollution, but are to some extent a by-product of normal rural land use. Erosion of soil can lead to more turbid waters as well as deposition in streams that is damaging to the ecology of water bodies. Recommended good practices can reduce these losses, and in many cases enhance farm business profitability. The provisions of Good Agricultural and Environmental Condition, introduced in 2005, require action to prevent soil losses. However, in some cases protective measures will incur net costs for farming and forestry. More detailed costing will be done next year as more specific proposals are developed.

Custodians of Change

The Custodians of Change report, launched in 2002, identified the key environmental issues which will impact on farming over the next five to ten years. In relation to diffuse pollution these include; nutrient management, managing the soil, managing crop and animal disease, and biodiversity. The report recommended that the Executive, its agencies and the agricultural and food processing industries give priority of effort and the allocation of resources to mediate the effects of diffuse pollution. The strategy proposed in this paper covers many of these diffuse pollution issues.

Relationship to other environmental policies

The principles of sustainable development underlie Scotland's environmental policies The water environment is one of a number of environmental priorities for the Executive. We are naturally concerned that what is done in one context should be helpful in others.

Protection of water and its environs is essential for much of Scotland's biodiversity. Many of the plants and animals that are under threat are at risk from pollutants. Scotland also has many habitats, such as freshwater lochs, that are potentially sensitive to eutrophication. Safeguarding our biological environment is at the heart of the Nature Conservation (Scotland) Act 2004 and all public bodies in Scotland now have a general duty to further the conservation of biodiversity when exercising their functions. To support the implementation of that duty, the Scottish Ministers have published a Scottish Biodiversity Strategy setting a framework for action to protect biodiversity over the next 25 years.

After a long period of decline, the quality of water in our rivers and lochs has shown improvement, related to the decline of heavy industry along with better effluent regulation and sewage treatment. These improvements are encouraging. Nevertheless, further conservation efforts are required for many freshwater species.

The reduction of diffuse water pollution could also minimise the need for remedial action to ensure the quality of public and private water supplies.

In general, good practice to reduce diffuse pollution will involve preventing erosion or other damage to soils. Similarly, good nutrient management to reduce losses of nitrate can be expected to reduce ammonia emissions, and thus contribute to action in relation to climate change. Ammonia is a greenhouse gas, as is nitrous oxide, which may be released from fertilised soils. There are, however, risks of "pollution swapping", and recommended actions to combat diffuse water pollution will need to be assessed for their potential impacts on soils or on air quality.

The use of manures and slurry in accordance with good practice (set out for Scotland in the PEPFAA Code) will reduce the incidence of their being treated as waste and thus help promote the view that they are useful resources for agriculture.

Aims of this consultation paper

Agriculture and forestry are major land uses and their impact is significant in the WFD characterisation study. This consultation document is focused on agriculture, with some references to forestry. It sets out the Executive's proposals for a control system which will involve a package of measures to tackle diffuse pollution, designed to meet the objective of achieving good water quality across Scotland. More detailed work with interested parties will take place over the next year.

The Executive recognises that other land uses, such as golf courses and other recreational activities, may involve the use of fertilisers or pesticides and thus pose a similar risk to the water environment. We envisage that the protection afforded by the kinds of rules we propose should apply to all rural activities. We also recognise that diffuse pollution occurs in urban contexts, and we intend to develop proposals for its control for future consultation.

« Previous | Contents | Next »