OEP and DEFRA Original Complaint Letter 11th July 2022
For the attention of: The Office for Environmental Protection.
From: Marinet Limited.
11th July 2022.
Legal Failure of the Dept. for Food, Environment and Rural Affairs (DEFRA) to prevent severe pollution of the River Wye catchment.
Dear OEP,
We submit our attached report “Why are we killing the Wye, and when will we stop? Pollution in the Upper River Wye catchment : The Causes and Lessons for campaigners working in other UK River Catchments” as evidence, and we request that the OEP investgate DEFRA for breach of its legal duty to protect the River Wye catchment from severe pollution due to manure disposal practices associated with intensive poultry units sited within the catchment.
We submit, as evidenced by our report, that DEFRA is superintending a planning, licensing and regulatory regime which DEFRA knows is dysfunctional, yet is taking no action to arrest this. DEFRA is thus in dereliction of its legal responsibilities to ensure a sound system of government on all these counts. DEFRA is in breach of its legal duty to the nation on the following counts:
* Firstly, DEFRA is the ultimate legal superintendent of the River Wye Special Area of Conservation (SACSAC Special Areas of Conservation) status and its Site of Special Scientific Interest (SSSISSSI Site of special scientific interest) status.
DEFRA’s legal duty under statute law requires it to ensure that the Wye SAC and SSSI are in a favourable conservation condition. This legal duty manifests itself in DEFRA’s duty to superintend the authorities (Local Planning Authorities, Environment Agency and Natural England) who are the active agencies in the delivery of this conservation protection.
At present, DEFRA is failing to meet its legal responsibilities as a superintendent. The result is that the Wye SAC and SSSI are now in a serious adverse conservation condition.
* Secondly, as part of its legal responsibilities as a superintendent, DEFRA is failing to arrest or reform those practices and licenses and the agencies who administer them – in particular the local Planning Authorities, Environment Agency and Natural England.
These agencies are specifically associated with the unsound regime for the disposal of manure arising from intensive poultry units which are threatening the Wye SAC and SSSI conservation assets. DEFRA is the superintendent of these agencies and thus of this unsound regime, and therefore is utlimately legally responsible for this regime’s unsoundness.
* Thirdly, this breach of legal duty by DEFRA to safeguard the Wye SAC and SSSI extends further.
It is a failure by DEFRA to instruct the regulators which DEFRA superintends – Local Planning Authorities, Environment Agency and Natural England – to take the necessary action to ensure that these regulators do, in their own turn, meet their legal duty to arrest or reform the unsound practices which they are licensing and regulating.
This failure of instruction concerns the unsound regime for the disposal of manure arising from intensive poultry units which is damaging the Wye SAC and SSSI and their assets.
Thus on this foregoing list of counts we submit that DEFRA is in breach of its legal duty to uphold the sound administation and enforcement of environmental law which, if that legal duty were properly exercised by DEFRA as the superintending Department of State, would result in the full protection and cessation of the pollution of the River Wye SAC and SSSI. Evidence concerning all of these breaches of law by DEFRA is contained in our attached report “Why are we killing the Wye, and when will we stop?”
Will you please advise us as to your acceptance of our complaint, and advise us as to your course of action.
Yours faithfully
Stephen Eades
On behalf of Marinet Limited
01249 653972
www.marinet.org.uk
