Nitrate Vulnerable Zones Action Programme review: consultation

10 NVZ Action Programme measures to be considered for future reviews

10.1 Future NVZ Action Programme considerations

The Scottish Government has historically taken an integrated approach to Water Framework Directive and Nitrates Directive implementation in protecting and improving the water environment. Both the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 and the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR) have introduced measures to reduce diffuse pollution, including nitrogen pollution, from agricultural activities. However, policy development has more recently focused on CAR with the introduction of updated diffuse pollution mitigation measures through the Water Environment (Controlled Activities) (Scotland) Amendment Regulation 2021, which are being phased in through a transition period up to 2027.

How diffuse pollution from agriculture, such as nitrogen, travels and enters the water environment is complex. A Scottish Government funded study^[5] provided a review of the current state of knowledge of identified pathways of diffuse pollutants to support future water environment policy development. A key finding of the report was that good soil nutrient management such as the use of a fertiliser plan linked to soil sampling for nutrient status and soil pH is important in reducing source nutrient loss to the water environment, which also benefits the farm business. As part of its Agricultural Reform Programme^[6] the Scottish Government is proposing to introduce nutrient management planning to complement soil analysis as part of the Whole Farm Plan^[7] from 2028.

The study also found that many of the most cost effective and high-level reduction practical measures it identified are already included in environmental legislation and the use of Nitrate Vulnerable Zones helps control nitrogen leaching into groundwater. However, additional measures to improve water quality need to be promoted more widely. It recommended that future research efforts focus on gathering further evidence on the effectiveness of practical diffuse pollution mitigation measures.

The Scottish Government funds promotion of the Prevention of Environmental Pollution From Agricultural Activity Code of Good practice (PEPFAA), which provides advice to farmers on these additional measures through the Farming and Water Scotland^[8] website.

Whilst SEPA monitoring suggests that measures in place to reduce nitrates are having a positive impact. Any improvements in groundwater quality from the aims of NVZ Action Programme measures are likely to be very slow. A review^[9] of the scientific literature funded by the Scottish Government indicates that positive responses to mitigation measures in for nitrogen in groundwater have no fixed timeframes for improvement and lags in response are likely to be longer than 20 years.

The NVZ Action Programme must be reviewed at least every 4 years with the next review being due by 2029. Policy development in this field requires the support of scientific research and evidence to consider best agricultural practice aimed at minimising the impacts of nitrate pollution from agricultural activity. The future impact of climate change on agriculture and Scotland’s water environment^[10] is also a part of these considerations.

Question 10

In order to support the development of future NVZ Action Programme measures, please, make us aware of any relevant current research likely to be completed by 2029 and/ or provide recommendations for future research areas on existing or new measures to reduce nitrogen pollution from agricultural activities based on scientific research and evidence taking account of Scotland’s agricultural, soil and climatic conditions.(Text box)