Agriculture offences

Options available to agriculture offences we regulate

The Rent (Agriculture) Act 1976

Section 31(6)

s.31(6)(a): Without reasonable excuse, failing to comply with a notice under section 31 of the Rent (Agriculture) Act 1976.

s.31(6)(b): In purported compliance with a notice under section 31 of the Rent (Agriculture) Act 1976, knowingly or recklessly furnishing information which is false in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Sludge (Use in Agriculture) Regulations 1989

Regulation 3

Cause or knowingly permit sludge to be used on agricultural land other than in accordance with the requirements of 3(2), 3(3), 3(4) 3(5) or 3(7) or supply sludge if he knows or believes that the requirements of 3(6) will not be fulfilled when the sludge is so used, or that the precautions set out in regulation 4 will not be observed after such use.

Summary only offence. Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed:

  • Compliance Notice
  • Restoration Notice
  • Variable Monetary Penalty
  • Stop Notice

Offered:

  • Enforcement Undertaking

Relevant commencement dates: Civil sanctions from 15 July 2010.

Regulation 4(1)

Cause or knowingly permit the activities listed in column (1) of the Table in 4(1), before the period of expiry listed under column (2) of the Table, after sludge or septic tank sludge has been used on agricultural land.

Summary only offence.

Standard and criminal offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed:

  • Fixed Monetary Penalty
  • Variable Monetary Penalty
  • Stop Notice

Offered:

  • Enforcement Undertaking

Civil sanctions from 15 July 2010.

Regulation 4(2)

Where any untreated sludge has been used on agricultural land without being injected into the soil, the occupier fails to cause the sludge to be worked into the soil as soon as reasonably practicable.

Summary only offence.

Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed:

  • Fixed Monetary Penalty
  • Variable Monetary Penalty
  • Stop Notice

Offered:

  • Enforcement Undertaking

Civil sanctions from 15 July 2010.

Regulation 5

Occupier not providing sludge producer with information and details of sludge used.

Summary only offence.

Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed:

  • Fixed Monetary Penalty
  • Variable Monetary Penalty

Offered:

  • Enforcement Undertaking

Civil sanctions from 15 July 2010.

Regulation 6(1)

Failure to maintain a register.

Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed:

  • Fixed Monetary Penalty
  • Variable Monetary Penalty

Offered:

  • Enforcement Undertaking

Civil sanctions from 15 July 2010.

Regulation 7(1)

Fail to make a register, information or facilities available to the NRW.

Summary only offence.

Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed:

  • Compliance Notice
  • Variable Monetary Penalty

Offered:

  • Enforcement Undertaking

Civil sanctions from 15 July 2010.

Regulation 7(2)

Failure of sludge producer to provide details of analysis to persons supplied with sludge.

Summary only offence.

Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed:

  • Compliance notice
  • Fixed Monetary Penalty
  • Variable Monetary Penalty

Offered:

  • Enforcement Undertaking

Civil sanctions from 15 July 2010.

Regulation 8(3)(a)

Sell or offer for sale any crop grown when concentration is exceeded other
than in accordance with advice in Regulation 8(4).

Summary only offence.

Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed:

  • Variable Monetary Penalty
  • Stop Notice

Offered:

  • Enforcement Undertaking

Civil sanctions from 15 July 2010.

Regulation 8(3)(b)

Grow commercial food crops other than crops intended for animal
consumption when the concentration is exceeded.

Summary only offence.

Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed:

  • Restoration Notice
  • Variable Monetary Penalty
  • Stop Notice

Offered:

  • Enforcement Undertaking

Civil sanctions from 15 July 2010.

Regulation 8(4)

Use of sludge when the soil concentration is exceeded, or on addition of
sludge would be exceeded other than in accordance with specified advice.

Summary only offence.

Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed:

  • Restoration Notice
  • Variable Monetary Penalty
  • Stop Notice

Offered:

  • Enforcement Undertaking

Civil sanctions from 15 July 2010.