The spreading of sewage sludge to land has been regulated through The Sludge (Use in Agriculture) Regulations 1989 and a supporting code of practice. These Regulations have not undergone substantial revisions since their implementation. In light of improvements in understanding about the chemical complexity and treatment of sludge and questions about the regulations’ fitness for purpose, Defra is now consulting on potential reform measures to improve the current regulatory regime and uphold safety and confidence in spreading practices. Specifically, the consultation seeks views on three options for reforming the underlying regulatory framework governing the use of sludge on agricultural land:

Proposed reform options:  

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.
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.
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.

The consultation can be read in full here. The deadline for responses is 24^th March 2026. Please send comments to [email protected] to inform the REA’s response.