Agriculture
Environmental law encompasses many different aspects, for example, waste management, nuisance (e.g. smells and noise); air and water pollution, spills or contamination issues. This is particularly relevant for farmers and food businesses.
More specifically, on-farm compliance with environmental regulations is a daily consideration. For example:
Nuisance in particular is an issue that farmers and food businesses may come up against. Farms and food businesses naturally produce noise and smell which can cause a nuisance to neighbours and members of the public. In cases of nuisance, a farmer or food business can find themselves simultaneously the subject of a civil claim by the affected party and enforcement action by the regulator, usually either the Council or the Environment Agency.
Where action by the regulator is concerned, they will generally consider utilising the range of civil sanctions that it has available to it before commencing criminal proceedings. These comprise fixed monetary penalties, variable monetary penalties, compliance notices, restoration notices, stop notices and enforcement undertakings. Where the regulator considers that criminal proceedings are necessary it can impose a Fixed Penalty Notice, a formal caution or commence a criminal prosecution.
For further information about our agriculture services, get in touch with our team in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.
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