River basin management plans - silage, slurry and anaerobic digestate – improving storage and application: consultation

Closed 13 Apr 2021

Opened 20 Jan 2021

Contact

eqce@gov.scot

Feedback updated 15 Dec 2021

We asked

We invited stakeholders to respond to a range of proposed updates to The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (“CAR”). Including:

  • Proposed consolidation of The (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003 into CAR as a set of general binding rules,
  • Modernisation of those provisions to take account of recent changes in land use practice; and
  • Miscellaneous revisions to various existing general binding rules within Schedule 3 of CAR.   

 

 

You said

The key concern raised by some respondents was the perceived cost to bring the currently exempt silage and slurry structures up to compliance with the SSAFO standards. Other respondents considered it appropriate that the regulations were being updated to keep pace with current good agricultural practice and encourage better nutrient management practice

 NFU Scotland recognised the need for farmers to improve their current practices but highlighted that applying a British Standard requirement to the upgrading of old slurry stores could bring unacceptably high costs. They were supportive of the measures to improve application of slurries and digestate and the reduction of emissions.

We did

After fully considering the responses, to the consultation, Scottish Government took into account the potential cost implications of bringing pre 1991 silage and slurry facilities up to full compliance with the British Standards in the regulations.

A discussion was held with sector representative NFU Scotland, and a revised proposal for pre 1991 silage and slurry stores was put forward which removed the exemption for pre 1991 stores but required them to be fit for purpose, but without certain aspects of construction requiring compliance with British Standards.

The revised proposals were considered appropriate by NFU Scotland and were taken forward into final regulations along with the other proposals consulted upon.    

Overview

This consultation invites stakeholders to respond to a range of proposed updates to The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (“CAR”). This consultation serves several purposes:

  • Proposed consolidation of The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003 into CAR as a set of general binding rules,
  • Modernisation of those provisions to take account of recent changes in land use practice; and
  • Miscellaneous revisions to various existing general binding rules within Schedule 3 of CAR.

The consultation proposals are in 2 parts.

Part 1 presents proposed updates to controls over the storage and application of organic materials, with the following key aims:

  • to update existing controls for the storage of slurry and silage;
  • to introduce controls over the storage of materials associated with energy production;
  • to propose new requirements regarding more targeted and efficient application of slurry and liquid digestate.

Part 2 contains the proposals for minor revisions to various existing GBRs in the interests of clarity and transparency.

Why your views matter

The consultation sets out a range of proposed updates to The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (“CAR”).

We welcome respondents views and comment on the proposed updates to controls over the storage and application of organic materials, with the following key aims:

  • to consolidate existing controls for the storage of slurry and silage into CAR;
  • to introduce controls over the storage of materials associated with energy production;
  • to propose new requirements regarding more targeted and efficient application of slurry and liquid digestate.


Respondents are also invited to comment on the proposals for minor revisions to various existing GBRs in the interests of clarity and transparency.

Read the consultation paper. 

What happens next

The Scottish Government considers that these proposals are consistent with its regulatory approach to protection of the water environment and have the potential to benefit farmers through better nutrient management. These will also contribute to Scotland’s climate change mitigation through better control over emissions.

Responses will be taken into consideration and it is anticipated that the revised legislation will be brought before the Scottish Parliament in September 2021 and come into force shortly afterwards.

Interests

  • Environment and Climate Change
  • Farming and Rural