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Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021 (SSI 2021/412)

Letter to the Convener from Mairi McAllan, Minister for Environment and Land Reform, Scottish Government, 23 December 2021

Dear Convenor,

Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021 (SSI 2021/412)

Thank you for your letter of 10 December regarding the Net Zero, Energy and Transport Committee’s consideration of the above instrument.

In respect of the points raised by Mark Ruskell MSP, the decision to allow smaller farms a longer transition period to comply with a move to low emission spreading was based on the rationale that:

• this approach is consistent with that previously taken on introducing the Action Programme for Nitrate Vulnerable Zones.
• we understand that many larger farms have already moved to low emission application methods, either using their own equipment or by the use of contractors.
• recent experience has shown that the supply chain for the type of equipment likely to be used by smaller farms is currently stretched and there may be a lengthy waiting period.
• some farms may also have to achieve compliance with other measures and we considered that a reasonable transition period was a suitably balanced approach.
• farmers will have to forward plan compliance. They will not be able to wait until final transition date to comply.
• there could be a degree of financial business planning required in order to secure any necessary infrastructure/machinery.
• as the first UK administration to introduce a total ban on splash plates, sector buy-in is an important factor.
• farm advisory support will promote a shift to low emission spreading equipment and it is expected that many farmers will achieve full compliance well before 31 December 2026.

The transition periods in the regulations are based on the expert opinion of Scottish Government and SEPA officials. There was no outside influence on transition periods; these were identified before any sector discussions were held.

Low emission spreading of slurries and digestate will contribute to meeting water quality/ climate change/air quality targets by reducing ammonia emissions. As there is minimal methane emission from slurry spreading, the 5 year transition period is not an inhibiting factor to the target of reducing methane levels by 30% by 2030.

The promotion of a move to low emission spreading equipment, through the Farm Advisory Service and Farming and Water Scotland events, is already in planning, with events, press articles, social media podcasts and webinars scheduled from early 2022. Future programmes will continue to promote better management of slurries.

I trust this satisfies the points raised by the Committee and that you are content that Scottish Government has given due consideration to the setting of reasonable transition periods.

Mairi McAllan