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Pig producers may take Environment Agency to Judicial Review over IPPC ‘terrorism clause’

by 5m Editor
6 February 2007, at 1:44pm

UK - It is a condition of IPPC that pig units are made secure from unauthorised access, writes Digby Scott.

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National Pig Association
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The pig industry’s view is that it is impossible to comply with this, if at the same time each applicant is compelled to nationally advertise his unit’s location. “It will be manna from heaven to our enemies,” says NPA Producer Group member Jim Dewhirst.

My information is that there is growing support from producers to take the battle to Judicial Review if necessary. For this to happen a producer may need to be found who has refused to advertise in the London Gazette and who, as a result, has had his application for a permit turned down by the Environment Agency.

Another option would be for every pig and poultry applicant to refuse to advertise in the London Gazette, and then for the pig and poultry sectors to jointly go to Judicial Review. Unless it is coerced in the courts, the Environment Agency will not accept the argument that advertising a permit application is incompatible with the requirement to make a unit secure.

The pig industry is clear however that both Defra and the Agency could find a way through the impasse if they wished. They could, for instance, agree that only limited details need be given in the compulsory London Gazette advertisements. For instance:

Over regulated Pigs Ltd,
Lincolnshire.
(Details available at: (insert applicant’s local Environment Agency office).

The problem would not have arisen in the first place if government had not gold-plated the Brussels IPPC directive when transposing it into national law.

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5m Editor