Farmer convicted for offences under The Nutrient Action Programme Regulations (Northern Ireland) 2019

Mr Brian McCartney (65), Deerpark Road, Bellaghy, Magherafelt, pleaded guilty yesterday and was fined a total of £2,000 plus £15 Offenders Levy at Magherafelt Magistrates’ Court, sitting in Londonderry for offences under the Nutrient Action Programme Regulations (Northern Ireland) 2019.

The Court heard that on 22 March 2022 Inspectors working on behalf of the Northern Ireland Environment Agency (NIEA) responded to a report of pollution from a residential housing area.  On arrival, Inspectors observed pigs roaming freely around the yard and garden areas of the property.  Pig slurry was ponding in the front garden.  There did not appear to be any collection or storage facilities for the effluent on site.

Mr McCartney, the owner/person responsible for the pigs met the Inspectors on site during a multi-Agency visit on 19 May 2022.  Mr McCartney confirmed the sheds on site had solid floors and that no storage tanks were located below the sheds, there were no collection facilities or storage facilities on site to collect the pig effluent.

Several further visits occurred between 16 June 2022 and 11 July 2023.  During each of the visits that occurred during this timeframe, pigs were observed roaming around the garden and no collection facilities had been installed. 

On 19 October 2022 Mr McCartney was issued with a Regulation 30 Enforcement Notice which outlined that Mr McCartney was in contravention of Regulations 4 and 17 of the Nutrient Action Programme Regulations (Northern Ireland) 2019.  Regulation 4 relates to the duty of the controller to prevent water pollution and Regulation 17 relates to general obligations as to storage facilities for livestock manure and silage effluent.  The Enforcement Notice instructed the defendant to ensure that permanent slurry collection facilities were installed to collect slurry and effluent from the farm premises in accordance with the Regulations. The requirements of the Notice were not complied with which is an offence under the Regulations.

Anyone wishing to report a pollution incident can call the 24-hour Incident Hotline on 0800 80 70 60.

Notes to editors: 

1. Mr McCartney was charged with offences under Regulation 4; 17 and 30 of The Nutrient Action Programme Regulations (Northern Ireland) 2019.  This list is not exhaustive. Regulation 4 states "Duty of the controller to prevent water pollution" and Regulation 17 states "General obligations as to storage facilities for livestock manure and silage effluent" and for Regulation 30, a Notice was served, instructing the appropriate person [Mr McCartney] of a holding, that by 28 November 2022 “you must ensure that permanent slurry collection facilities are installed to collect slurry and effluent from your farm premises in accordance with Regulation 4 and Regulation 17
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