Casework Summary Report Case Number (if relevant): CMS-379

The complaint also alleged the EA has failed to carry out site-specific Habitats Regulations Assessment before granting grassland derogations under the Nitrate Regulations and that the EA is unlawfully failing to consult Natural England regarding the grant of individual grassland derogations. [...] OFFICIAL OFFICIAL OEP Actions The OEP reviewed the information provided by the complainants and made further enquiries of the EA in which we requested details of: the actions which the EA takes to discharge its duty under s.5 Environment Act 1995 for the purpose of discharging its functions under the Agricultural SIs; the number of, and approach to, enforcement actions undertaken by the EA in rela. [...] Conclusions and Outcomes The OEP concluded that whilst the EA has a duty under s.5(2) of the Environment Act 1995 to compile information relating to its pollution control powers and functions under the Agricultural SIs, the duty to compile information does not necessarily require the EA to monitor and inspect regulated premises. [...] It is clear, both from the information provided with the complaint and further information requested from the relevant public bodies, that the EA appears to have taken some limited enforcement action in relation to the Agricultural SIs. [...] The information returned to the OEP also indicates the EA takes a targeted, risk-based approach to inspection and enforcement of farms and has increased the number of inspections following an increase in funding in 2022.