Tim Williamson

This Practice Note explains how environmental law is enforced in the agriculture sector in England and Wales, with emphasis on the regimes most commonly encountered in practice. It considers where offences or breaches of environmental regulations might arise including water pollution, slurry and silage storage, diffuse agricultural pollution, waste handling, land-spreading, water abstraction, environmental permitting and nature conservation. The Practice Note also outlines the main regulators, liability and enforcement options, current trends and practical steps for responding to regulatory intervention.This practice note applies only to England and Wales. It does not cover the position in Scotland.What counts as agriculture for these purposes?Agriculture should be treated broadly. It includes:•livestock and arable farming•dairy operations•intensive pig and poultry units•slurry and manure management•silage production and storage•fertiliser and pesticide use•abstraction for irrigation or livestock•on-farm waste activities•digestate and biosolids spreading•habitat management•land drainage•where relevant, on-farm processing or diversification activities that engage environmental controlsThis

This Practice Note explains the principal health and safety risks arising in the agriculture sector in England and Wales under the Health and Safety at Work etc Act 1974 (HSWA 1974) and associated health and safety regulations. It also considers how those risks are regulated and enforced in practice, focusing on practical enforcement risk, incident response and recurring agriculture sector-specific issues.For information on health and safety in England and Wales generally, see: Health and safety offences—overview.For information on the enforcement of health and safety in Scotland, see: Scottish health and safety enforcement—overview.For these purposes, ‘agriculture’ should be read broadly. It may include:•farming•livestock handling•horticulture•forestry-linked operations•slurry and silage management•crop storage•machinery use•land management•on-farm processing•diversified rural businesses•farm shops, and•visitor attractions and family farm centres where the work activity or premises create health and safety riskFor information on the management of investigations

This Practice Note explains the practical issues and steps which need to be considered and actioned when undertaking an investigation into a health and safety breach in the agriculture sector in England and Wales.For information on common health and safety risks facing the agriculture sector and the approach to enforcement of health and safety breaches, see Practice Note: Health and safety risks and enforcement in the agriculture sector.Initial responseEmergency responseBefore anything else happens, ensure that the emergency services have been called, if required, and/or the injured party is made safe and offered first aid or medical assistance as appropriate. It may be appropriate to inform their next of kin.Facilitate access for the emergency services. On farms, this can be complex. Emergency services recommend use of the what3words app to provide a precise location. It can be helpful to station people at access points, eg farm gate, in order to assist a road crew to find the appropriate location.Accidents

This Checklist highlights the key early steps and issues for practitioners advising on environmental enforcement matters in the agriculture sector, including regulatory investigations. It covers evidence preservation, responding to an investigation, potential defences and remediation, and the wider commercial consequences of enforcement action. This Checklist should be read in conjunction with Practice Note: Environmental enforcement in the agriculture sector.At the start of any agricultural environmental enforcement matter, practitioners should:•identify the regulator and statutory regime•ask for details of the alleged offence or breach in writing and the basis for the contention