The Farming with Nature Scheme (Amendment) Regulations (Northern Ireland) 2026

The Farming with Nature Scheme (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/105) represent a significant legislative update to Northern Ireland's agri-environmental policy. These Regulations amend the principal Farming with Nature Scheme Regulations (Northern Ireland) 2025 (S.R. 2025/105), which established the foundational framework for the new Farming with Nature (FwN) Package. The amendments are designed to expand the scope and options available under the scheme, building on the initial 'Transition Scheme' rolled out in 2025. They aim to further support farmers in delivering environmental public goods, such as habitat creation, water quality improvements, and carbon sequestration, aligning with the broader objectives of the Department of Agriculture, Environment and Rural Affairs' (DAERA) Sustainable Agriculture Programme and Northern Ireland's environmental commitments.

Northern Ireland's agricultural sector is undergoing a transformative shift towards greater environmental sustainability, driven by post-Brexit policy realignments and pressing climate change imperatives. Central to this evolution is the Farming with Nature (FwN) Package, a comprehensive initiative designed to incentivise farmers to integrate environmental improvements with food production. The initial phase of this package was launched through the Farming with Nature Scheme Regulations (Northern Ireland) 2025 (S.R. 2025/105), establishing a 'Transition Scheme' to introduce key environmental actions.

The recent enactment of The Farming with Nature Scheme (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/105) marks a crucial progression in this policy framework. These amending Regulations are not merely technical adjustments; they signify a planned expansion of the FwN scheme, introducing new measures and refining existing provisions to broaden participation and deepen environmental impact. For legal practitioners advising clients in the agricultural and environmental sectors, understanding these amendments is vital to navigate the evolving regulatory landscape and ensure compliance and maximisation of scheme benefits.

The genesis of the Farming with Nature Package lies in the broader policy shift articulated in the 'Future Agricultural Policy Decisions for Northern Ireland', published in March 2022, following extensive public consultation. This policy framework seeks to replace the legacy Environmental Farming Scheme (EFS) with a more ambitious and integrated approach to agri-environment support. The primary objective is to reverse trends in nature decline by promoting the retention, maintenance, restoration, and creation of habitats crucial for species diversity and ecological connectivity across farmed landscapes.

The principal legislation, the Farming with Nature Scheme Regulations (Northern Ireland) 2025 (S.R. 2025/105), came into operation on 19th June 2025. These regulations were made under the authority of section 48 of, and paragraph 5 of Schedule 6 to the Agriculture Act 2020, and Article 28(10)(2)(d) of Regulation (EU) No. 1305/2013. They established the initial 'Farming with Nature Transition Scheme' (FwNT), offering financial support for a range of actions such as planting new hedgerows, creating riparian buffer strips, farmland tree planting, retention of winter stubble, and multi-species winter cover crops. This foundational scheme aimed to provide tangible environmental benefits while also contributing to carbon sequestration on farms.

The Department of Agriculture, Environment and Rural Affairs (DAERA) is the responsible body for the implementation and oversight of the FwN Package. The scheme is a key priority within DAERA's Sustainable Agriculture Programme, reflecting a commitment to fostering an environmentally sustainable, resilient, and thriving farming sector, in line with wider environmental goals such as those outlined in the Environment Act 2021 and the Climate Change Act (Northern Ireland) 2022.

The Farming with Nature Scheme (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/105) introduce substantive changes to the 2025 Regulations, reflecting the planned expansion and evolution of the FwN Package. While the specific details of every amendment require careful review of the statutory instrument itself, the general thrust, as indicated by DAERA's announcements, is to broaden the range of eligible actions and enhance the scheme's capacity to deliver environmental outcomes. The amendments include the insertion of new paragraphs and cross-headings into Schedule 1 of the principal Regulations, the insertion of new Schedules (6-8), and the substitution or omission of existing provisions, such as Schedule 3 and Table 2 of Schedule 4. These legislative actions indicate a significant overhaul of the scheme's operational details, payment structures, and potentially, eligibility criteria.

Practitioners should note that the expansion for 2026 is anticipated to include new measures such as herbal leys and arable field margins, alongside ongoing management of habitats established under the 2025 agreements. This suggests a move towards more diverse and potentially more complex environmental interventions, requiring farmers to engage with a broader spectrum of ecological practices. The amendments are likely to refine the specifications for these actions, payment rates, and the administrative processes for application and claim submission. The Northern Ireland Assembly's Committee for Agriculture, Environment and Rural Affairs plays a crucial role in scrutinising such statutory rules, seeking views on their accuracy, completeness, and potential for unintended consequences, highlighting the importance of stakeholder engagement in the legislative process.

The legal interpretation of these amendments will necessitate a close reading of the 2026 Regulations in conjunction with the 2025 Regulations. Particular attention should be paid to any changes in definitions, eligibility criteria for farm businesses, the specific requirements for scheme actions, and the mechanisms for monitoring and enforcement. The shift from the EFS to the FwN Package, and its subsequent expansion, underscores a policy direction that increasingly links agricultural subsidies to the delivery of environmental public goods. This aligns with broader UK agricultural policy trends post-Brexit, where direct payments are being decoupled from land area and re-directed towards environmental land management schemes.

One potential area for legal scrutiny could be the interaction between the expanded FwN scheme and other existing or forthcoming agricultural support mechanisms. For instance, the Agriculture Act (Northern Ireland) 2025 makes provision for aid in the fruit and vegetables sector and information/promotion schemes, and the Areas with Natural Constraints (Payments) Act (Northern Ireland) 2026 mandates regulations for payments in such areas. Ensuring coherence and avoiding duplication or conflicting requirements across these various schemes will be crucial for farmers and their legal advisors. Furthermore, the financial attractiveness and administrative simplicity of the expanded scheme will be key to achieving good uptake by local farmers, a concern previously raised by organisations like the Ulster Farmers Union.

The Farming with Nature Scheme (Amendment) Regulations (Northern Ireland) 2026 represent a pivotal step in Northern Ireland's journey towards a more sustainable agricultural sector. For legal practitioners, these amendments necessitate a thorough understanding of the expanded scheme's provisions, including new eligible actions, revised payment structures, and updated compliance requirements. Advising clients will involve not only interpreting the letter of the law but also understanding the broader policy objectives of DAERA to ensure that farmers can effectively participate and contribute to environmental improvements while maintaining viable businesses.

Practitioners should closely monitor DAERA's guidance and any further legislative developments, particularly as the FwN Package continues to roll out in phases, potentially introducing landscape-scale projects and initiatives focused on priority habitats. Staying abreast of these changes will be essential for providing comprehensive and strategic advice to agricultural clients, helping them navigate the complexities of environmental land management schemes and capitalise on the opportunities presented by Northern Ireland's evolving agri-environmental policy framework.