A judge in Co. Kerry has found a farmer guilty of permitting “livestock manure” to enter a “watercourse”.
John O’Donoghue, Kingsland, Abbeyfeale, County Kerry, was charged with failing to ensure that “livestock manure and other organic fertilisers, soiled water and effluents from dungsteads, farmyard manure pits or silage clamps is collected and held, prior to application to land, in a manner that prevents the run-off or seepage directly or indirectly into ground waters or surface waters”.
This is contrary to Article 6.1 of the European Union Good Agricultural Practice for the Protection of Waters Regulations 2017.
O’Donoghue was also charged with causing or permitting “livestock manure and other organic fertilisers, soiled water and effluents from dungsteads, farmyard manure pits or silage pits or silage clamps” from a building or yard on his holding to enter a watercourse.
This is contrary to Article 6.2 of the EU Good Agricultural Practice for the Protection of Waters Regulations 2017.
The case came before Judge David Waters at Listowel District Court.
Judge Waters ruled that O’Donoghue had failed to comply with Article 6.2 of the European Union Good Agricultural Practice for the Protection of Waters Regulations.
The judge fined O’Donoghue €2,500 and also ordered him to pay costs of €350.
The Good Agricultural Practice for the Protection of Waters Regulations and Ireland’s 5th Nitrates Action Programme (NAP) were published in March 2022 with amendments added in July.
The regulations contain specific measures to protect “surface waters and groundwater” from nutrient pollution from agricultural sources.
The Department of Housing, Local Government and Heritage is responsible for the nitrates regulations while the Department of Agriculture, Food and the Marine (DAFM) is also a key partner in NAP and the Good Agricultural Practice for the Protection of Waters Regulations.
Both the NAP and Good Agricultural Practice Regulations will run until the end of 2025.
An interim review of the current NAP is scheduled for next year.
Local authorities are responsible for the inspection programme under the Good Agricultural Practice Regulations.