THE High Court has today dismissed a case brought by NFU Cymru case against the Welsh Government’s water quality regulations.

NFU Cymru’s judicial review of Welsh Government’s decision to introduce new water quality regulations across the whole of Wales has been dismissed, following a judgment handed down today.

The Judge, Sir Wynn Williams, found that the Welsh Government had not acted unlawfully in making the water quality regulations, having heard the parties’ arguments during a virtual hearing spread over three days towards the end of last year.

In particular, the Judge concluded that farmers did not have a ‘legitimate expectation’ that an 80 per cent grassland derogation which applies in England and Northern Ireland would be available to them under the regulations.

NFU Cymru say the judgement is ‘an incredibly disappointing result for Welsh farmers as it means that the new water quality regulations, which came into force across Wales on 1 April 2021, will remain in place in their current form.’

NFU Cymru believes that these regulations are unworkable and pose a significant threat to the economic viability of Welsh farming, the overall impact of which cannot be underestimated. These regulations make the whole of Wales an NVZ, attracting disproportionate requirements which will be detrimental to the whole farming sector.

NFU Cymru President Aled Jones said: “I am obviously very disappointed with today’s judgment, but I am proud that NFU Cymru has been able to stand up for all farmers across Wales to hold Welsh Government to account in its decision-making.

“This case was not about seeking to ignore agricultural pollution incidents or trying to reduce environmental protection; it was about ensuring that when the government makes decisions which impact the Welsh farming industry, it does so based on a proper assessment and understanding of those impacts.

“I hope that the arguments raised during this case will have made Welsh Government take notice of the impact these regulations will have on Welsh farmers, and we will continue to look for opportunities to find ways to reduce the burden on farmers.

“A good starting point would be for Welsh Government to increase the support offered to farmers in order to be able to comply with these regulations.

“Welsh farmers face having to find up-front costs of £360 million and ongoing yearly costs of £14 million a year.

“The package of support to farmers to make these drastic changes is, in our view, woefully inadequate and I hope that Welsh Government will increase the existing funding available to support farmers in complying with the regulations.

“Unfortunately, we are already aware of farming families leaving the industry as a direct consequence of the regulations.”