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Agriculture Blog

The Legal dos and don'ts for Agri Tech Projects

Martin Jinks
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Agri-tech projects can undoubtedly provide some welcome solutions to the farming industry and although many systems are in their infancy, we are seeing on-farm automation make a difference. However, that doesn’t mean to say agri-tech projects come...

Dangers of selling Farm Saved Seed

Julie Robinson
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The Seed Regulations 2011 make it clear that in respect of Farm Saved Seed (FSS), only the farmer who grew this seed can use it and it must not be marketed or supplied to any other person (Schedule 4, Part 1 (3)).  We are aware that the winter...

The end of an era: where now for Producer Organisations?

Julie Robinson
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Roythornes have advised more than 15 producer organisations (POs) since the Fruit & Vegetables Aid Scheme was established in 1996. We have always kept a close eye on legal and policy developments affecting the fruit and vegetable sector, not least over...

Could Landowners solve the harsh reality of flooding claims?

Sarah Whitehurst
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There are few guarantees in life but receiving phone calls for flooding advice whenever it rains is one of them. Over the past few months, we’ve received more calls than ever, demonstrating an uncertainty surrounding what victims of flooding may be...

Biodiversity Net Gain: Legal issues for farmers

Julie Robinson
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Julie Robinson, Agriculture Partner at Roythornes Solicitors, explains why putting land into a biodiversity net gain project is not a walk in the park for farmers. Following the Government’s announcement on 27 September, we now have confirmation...

BPS and delinked payments - implications for land sales, FBTs and farm reorganisations

Julie Robinson
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With land sales and new farm business tenancies being finalised ahead of Michaelmas, Julie Robinson looks at how parties might deal with the transition between the Basic Payment Scheme and delinked payments, due to be introduced in England in 2024. ...

Nutrient neutrality: no change for agricultural developments

Julie Robinson
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It will not have escaped attention that the Government plans to do away with legacy EU laws to free up housebuilding in nutrient neutrality catchments. This blog looks at whether and how farmers will be affected by the proposed changes. The Government has...

Animal welfare on farm - Trading Standards visits and actions by local authorities

Katie Temple
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Animal welfare is high on the political agenda, with Trading Standards (a department in your local council, usually the borough or district council) being prompt and thorough to investigate reports of animal welfare breaches. Trading Standards is responsible...

The Animal Welfare (Kept Animals) Bill scrapped - what does this mean for farmers and meat producers?

Rebecca Ironmonger
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Last week, Farming Minister Mark Spencer MP announced that the Animal Welfare (Kept Animals) Bill, which has been making its way through Parliament for nearly two years, would be dropped and the measures it contains introduced separately. Our animal welfare...

Livestock Worrying by Dogs

Rebecca Ironmonger
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Livestock worrying by dogs costs British farmers millions of pounds every year and causes an immense amount of distress to farmers and their animals. Most issues are caused by ignorant, irresponsible, or uncaring dog owners who do not know how to control...

Development and Agricultural Holdings Act tenancies

Darren Gill
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More and more often, the situation is arising where a landowner is approached by a developer who wants to offer them a substantial sum of money to purchase  all or part of the agricultural holding.  Alternatively, the landowner is looking at ways...

Withdrawal of Public Body's decision did not end jurisdiction in the FTT

Hannah Leese
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The Upper Tribunal has ruled that where an appeal is made, pursuant to Regulation 22 of The Welfare at the Time of Killing regulations 2015, to the First Tier Tribunal and then that decision is subsequently withdrawn or not relied upon by the Respondent...

Top 5 Tips to Prevent Fly-Tipping on Your Farm

Rebecca Ironmonger
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Fly-tipping is a huge problem for many farmers and landowners and can be expensive to deal with, particularly if you get landed with a large fine. Fly-tipping is essentially the deposit of waste onto land which is not permitted to receive it. As a landowner...

Rules on Spreading Slurry - Does the EA's New Approach Provide a Reprieve for Farmers?

Rebecca Ironmonger
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Last August, Rebecca Ironmonger from our Regulatory Team discussed the Environment Agency’s Regulatory Position Statement on the use of organic manure over Autumn/Winter 2021/22. Here, Rebecca provides an update on the EA’s approach. Last week,...

What Does the Environment Agency's New Regulatory Position Statement on the Spreading of Organic Manure Mean for Farmers This Autumn?

Rebecca Ironmonger
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For many farmers, the spreading of manure or sludge from water sewage treatment plants is an essential part of the process of preparing the soil for crops and for disposing of excess manure that they do not have the capacity to store. The Reduction and...

Brexit and Seasonal Agricultural Workers Q&A

Desley Sherwin
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This article aims to answer some questions about UK farm employers’ access to seasonal workers under the Government’s extended Seasonal Workers Pilot. The end of the Brexit transition period on 31 December 2020 marks the end of freedom of...

Coronavirus and Your Seasonal Workers - New Self-Isolation Rules

Phil Cookson
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For farms with seasonal workers due to arrive from abroad on or after 8 June 2020, there is an extremely useful exemption from the general 14-day self-isolation rule. However, there is some small print that employers need to be aware of, and not all farms...

Woodland Carbon Guarantee Scheme - Legal Considerations for Farmers

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This blog highlights some legal considerations for landowners and tenant farmers to bear in mind when applying to the Government’s new Woodland Carbon Guarantee scheme (WCaG), supported by an associated woodland creation project. The long-term...

Update: Wild Birds and Licences

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This article focuses on activities you need to take to stay within the law if you are controlling wild birds to prevent serious damage to livestock, feedstuffs, crops, fruit etc., previously covered by General Licence 04. The legal position The basic...

Do Farmers Still Do Joint Ventures?

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The short answer to our client’s question is yes. Farm businesses are engaging in a whole raft of collaborative ventures as they focus on increasing their competitiveness and preparing for the future. Why are farmers opting for joint ventures? ...

Grain Contracts and Force Majeure

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In difficult years we are asked about the options available to farmers who cannot fulfil the deliveries they have agreed to in forwarding grain contracts. Below we take a look at the provisions of the Agricultural Industries Confederation Ltd (AIC) 1/16...

Letting to a Farm Worker - What Do I Need to Know?

Sarah Whitehurst
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We are still seeing examples of employers failing to serve the correct documentation before handing over the keys of a cottage to new farm workers. They think they are granting an assured shorthold tenancy (AST) and that they will be able to recover...

Definition of Permanent Pasture

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The Single Payment Scheme definition of permanent pasture has come under challenge in the EU Court of Justice. The SPS defines permanent pasture as “land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation...

Manorial Rights - Should You Be Worried About Them?

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Manorial rights are one of the more arcane aspects of land law, but that doesn’t mean they can be ignored, particularly with a Land Registry deadline for their registration looming. What are they?  Before 1926, in addition to freehold land and...

All Change at the Agricultural Land Tribunal

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Last month we saw the abolition of the Agricultural Wages Board in England. This month we have seen the demise of the seven agricultural land tribunals in England, specialist bodies known to few outside the farming community. Agricultural land tribunals have...

Abolition of the Agricultural Wages Board - Advice for Employers

Phil Cookson
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With those ten words section 72 of the Enterprise and Regulatory Reform Act 2013 brings to an end almost a hundred years of agricultural wages board history. The first boards were set up in 1917 in tandem with the introduction of subsidies for cereals...