MENUAnimal
Health/ Economic/ Political
|
 |
Legislation, Directives and Confusion - Or Is It?Tricia Henton
AbstractNearly 80% of Scotland is farmed. It is therefore not surprising that agricultural practices have the potential to exert significant effects, both positive and negative, on the quality of the Scottish environment. Custodians of Change (1) states that, "it is regrettable that regulatory regimes have become dominant drivers of change". The real driver of change should be the mutual interests of the environment, and the industry, assisted by legislation and regulation. Progress comes through proactive effort on partnership/interagency working, awareness raising and sharing good practice. The complex plethora of regulations, directives and advice can appear confusing to those who have to comply. The complexity can be addressed through understanding the direction in which these instruments are driving agriculture and recognition of shared interests in the outcomes. SEPA's role is wider than that of regulator alone.
Potential impacts of agriculture on the environmentSEPA predicts that diffuse agricultural pollution will be the most significant cause of poor water quality in Scotland by 2010 (2). Diffuse pollution comprises true non-point source contamination such as run-off from fields or seepage of nutrients from soil to groundwater. Diffuse sources are often individually minor, but collectively significant. SEPA is not normally able to control diffuse sources by issuing discharge consents, but instead promotes best practice to minimise pollution. Other environmental issues related to agricultural sources include emissions to air, landspreading of livestock slurries and sewage sludge, use of fertilisers and pesticides and potential release of sheep dip chemicals to ground and surface waters. In Scotland the net emission of carbon from land use is 36% of that from fossil fuels. This compares with 5% for the UK. Excessive nutrients cause eutrophication of waters In 2000, there were 379 agricultural pollution events, 61 of these (16%) classified as a “major” event. The breakdown of-sources is given in Table 1 below.
Table 1: Scottish Agricultural Pollution Group Statistics (2000)
Increased recognition of all the impacts of agriculture on the environment has resulted in a series of regulations and directives to control them. These have been implemented over a relatively short time span, although the legislation has been in existence for many years. Their wide-ranging nature that starts to challenge practices encouraged in the past and their application to sectors previously little regulated has given rise to an impression of complexity and even confusion. Careful consideration shows that there are clear objectives and standards to be achieved. The methods used to achieve these objectives range from legislation and regulation to raising awareness and partnership working.
The role of SEPAMost responsibility for practical compliance with environmental legislation lies with SEPA for Scotland and the Environment Agency, in England and Wales. Scottish Natural Heritage implements the Birds and Habitats Directives. SEPA provides a “one-stop-shop” for environmental protection, considering all facets of the environment and takes an integrated approach to prevent and control pollution through regulation, awareness raising and encouraging good practice. SEPA operates a regulatory framework that is transparent, accountable, targeted, consistent and proportional by encouraging the active participation of stakeholders as legislation is developed. Implementation of the Water Framework Directive has been a vehicle for fostering a constructive working relationship between the statutory agencies and the agricultural community.
Legislation Over 90% of UK's legislation originates in Europe. Many environmental problems are international in nature such as global warming, acid rain and ozone, requiring a supranational organisation to address them effectively. Much EU environmental policy comes in the form of Directives and member states are bound to achieve the results specified within them. However, it is left to individual member states to decide how the particular Directive should be transposed into national legislation to deliver the results. The following Directives are of most relevance
to the agricultural industry:
Other relevant legislation includes the Birds Directive, Environmental Impact Assessment, Habitats Directive, Groundwater Regulations, National Emissions Ceilings Directive and the Wastes Framework Directive. However, SEPA has long recognised that it cannot deliver improvements in the quality of Scotland's environment by regulation alone.
Raising awareness and partnership working SEPA works closely with SEERAD, not only with its own sponsor department but also with the agriculture department. SEPA made detailed contributions to the Forward Strategy for Agriculture (3) and the Implementation Group. Relationships have also been strengthened with the industry as a whole, its accreditation bodies and research institutions. SEPA enforces a wide range of environmental legislation and therefore has the opportunity to integrate its advice and guidance. For example, SEPA is a leading contributor to the Scottish Executive's review of the Code for the Prevention of Environmental Pollution From Agricultural Activity (PEPFAA code). SEPA is also actively trying to develop the concept of “smarter regulation”, in which better use is made of resources by closer alignment of the priorities and key messages promulgated by the relevant agencies. In particular, SEPA is discussing with the Scottish Executive how closer working relationships can be developed on farm inspection work at a local level. Scottish Executive agricultural staff visit approx 16,000 farms per annum, compared to less than 500 by SEPA in recent years. Improved cross-compliance and assessment of "good farming practice" will rely on organisations such as SEPA, the Scottish Executive, LEAF, FWAG and SAC working more closely in the future and this is recognised in the Agriculture and Environment Working Group report. SEPA, the Scottish Executive, the NFU Scotland, SAC, WWF and Scottish Natural Heritage are also all working together on a “Four Point Plan”, to be launched later this year, to promote the adoption of no or low-cost changes in livestock practice. This initiative is expected to deliver environmental and financial benefits and assist with driving forward compliance with environmental legislation on both a farm and catchment scale, particularly in areas draining to identified Bathing Waters. It is hoped that this voluntary approach will minimise the risk of pollution and possibly avoid the need for formal regulation.
Promotion of good practice SEPA is undertaking specific research into the practical options available to farmers to address diffuse agricultural pollution and to improve biodiversity and farmland habitats. The steering group for this project includes representatives from the Scottish Executive and NFU Scotland as well as SEPA. One of the outputs from this study is to explore options to include in agri-environment schemes, which will be of particular interest in the development of Land Management Contracts. SEPA has also instigated a series of farm visits, in cooperation with the industry, during which potential sources of pollution are identified and advice given. This has proved popular with the industry and is helpful in identifying many small sources of diffuse pollution which collectively can cause problems. We see initiatives such as LEAF and the promotion of Integrated Farm Management as central to encouraging change in the industry. The proactive approach LEAF has adopted in awareness raising and sharing of best practice is an excellent model to build on in achieving progress.
ConclusionThe substantial volume of environmental policies and directives that emerge from Europe today could be accused of causing confusion. SEPA's job is to make sense of it all and convey that clarity to those whom it regulates. Land management contracts, sharing good practice, better communication and partnership/interagency working provide SEPA and its partners with an opportunity to do things better. It is the responsibility of any industry to manage its activities in an informed and environmentally sensitive way. SEPA is here to help industry to do that.
References1. Custodians of Change Report of Agriculture and Environment Working Group, Scottish Executive, 2002 2. SEPA State of the Environment Report for Water, June 1999 3. A Forward Strategy for Scottish Agriculture, Scottish Executive, 2001
|