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Wednesday, 28 January 2026 15:20

Defra launches consultation on significant changes to sewage sludge regulation – first since Sludge Regulations came into force in 1989

The Department for Environment, Food & Rural Affairs has launched a consultation on significant changes proposed for sewage sludge regulation in England – effectively the first since the Sludge (Use in Agriculture) Regulations came into force in 1989.

DEFRA ADDRESS PLATE

The Sludge (Use in Agriculture) Regulations 1989, supported by the Sewage Sludge code of practice, regulate the spreading of sludge on land. The Regulations have not gone through any substantial revisions since they were implemented, despite improvements in the understanding of the chemical complexity and treatment of sludge.

94.4% of sewage sludge produced and treated by English water and sewerage companies is reused on agricultural land as a source of vital plant nutrients and organic matter which is used on around 1.9% of the UK’s agricultural land.

Since 1989 government policy has favoured the reuse of sludge as a soil enhancer and fertiliser on agricultural land as the best environmental option in most circumstances.

CROPS Maize arable crop growing in field

Environmental advocacy groups have called for the Regulations to be reviewed to ensure they are fit for modern day sludge practices. Additionally, the Independent Water Commission led by Sir Jon Cunliffe recommended the UK and Welsh governments should tighten regulatory oversight of sludge activity by moving the treatment, storage and use of sludge into Environmental Permitting (England and Wales) Regulations 2016.

Defra has identified where there are opportunities for improvement in the current sludge regime and is now consulting on potential reform measures. The consultation seeks views on the following three options for reforming the underlying framework governing sludge use on agricultural land, to ensure it is fit for purpose.

Proposed reform options:

Reform option 1: Revoke the Sludge (Use in Agriculture) Regulations 1989, in whole or in part, and regulate sludge spreading within the Environmental Permitting Regulations 2016. This could improve the oversight of, and resource for, regulatory compliance, and reduce the complexity of current sludge management which is split across a patchwork of regulations. In addition, it would offer a flexible regime, under which permits could be updated as evidence on contaminant risk develops. Under this option, consideration would be needed of the cost burdens on industry, as well as whether this could be reduced through adopting an assurance scheme within the permits.

Reform option 2: Amend the current Sludge (Use in Agriculture) Regulations 1989. This would provide an opportunity to update the provisions and ensure they are fit for the current context, whilst improved regulatory oversight could be delivered through the introduction of a charging scheme. Under this option, consideration would be needed of the cost burden on industry from charging and the potential to maintain the current regulatory complexity.

Reform option 3: Changing standards on sludge spreading via non-regulatory means. This option may offer swift action to update requirements on spreading and address contaminants of concern, as and when evidence supports. However, without increased resource through a charging regime (as per options 1 and 2), this option lacks regulatory oversight or means of enforcement for non-compliance. Additionally, the underlying complexity of regulations would remain.

While the consultation is primarily focused on the opportunities to reform the current regulations, Defra also acknowledges that the issue of contaminants in wastewater and sludge is a problem in the wider waste system and further research is needed to determine the best mitigation options. This may include technological innovation in treatment methods. Defra said it is undertaking further research in this space, and the water industry is trialling new treatment technologies for sludge.

 

Defra is now seeking stakeholder views about the proposed changes set out in the consultation paper on how sewage sludge is regulated when it is spread on agricultural land in England. Defra says the consultation is aimed at all those who have an interest in sewage sludge spreading on agricultural land, including:

  • businesses and business owners, including water and sewerage companies, and those that may be impacted by changes to sewage sludge regulations
  • armers and landowners and their representatives whose land may receive sewage sludge
  • public interest groups and public bodies with an interest in sewage sludge, human health and environmental protection
  • members of the public with an interest in sewage sludge spreading

The decision on whether to introduce reforms will be taken by relevant Ministers following the consultation.

Click here to respond to the consultation via the consultation platform Citizen Space

Click here to download the consulation paper

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