A dissertation submitted to De Montfort University in partial fulfilment of the requirements for the degree of LLM in Environmental Law by Andrew Brown
Agriculture in the UK has seen significant developments since the second world war and the drive for increased production in the immediate post war period led to much environmental damage and degradation of our soils and water courses from agricultural activity. Over the past 30 years much more attention has been given to the environment, and the rise of numerous environmental lobbying organisations and the realisation that food production, conservation and environmental protection must all go hand in hand if we are to prosper as an island nation, has led to a much more robust approach in the scrutiny and regulation of agricultural activities. Protecting our soil is of paramount importance if, as some commentators are suggesting, we only have 60 harvests left before our topsoil is depleted.
Leaving the EU and consequently the CAP has removed the ability to impose financial penalties to support payments, known as cross-compliance, and that layer of sanction has yet to be replaced. The RPA has stated that it will adopt a different approach by using education and support only using a financial penalty as a last resort. It is suggested this will inevitably lead to lower compliance with the regulations. Some of the new environmental schemes are ambiguous in their guidance and will be very difficult to enforce.