The 2023 Act The Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023 Act provides for the making of regulations on the retailing of veterinary medicinal products including sales at a distance which are a matter for national law and will be regulated for in secondary legislation in accordance with the provisions of this Act. This Act provides for the making of regulations on […]
General The Agricultural and Food Supply Chain Act 2022 provides for the establishment of a new independent statutory Office, the key objective of which will be to promote fairness and transparency in the agricultural and food supply chain. The proposed name of the Office is An Rialálaí Agraibhia (The Agri Food Regulator). The Act gives further effect to Directive (EU) 2019/633 of the European Parliament […]
Unfair Trading Practices The 2023 Act provides for the prohibition of certain unfair training practices and the enforcement thereof. The unfair trading practices shall apply to anything done in relation to an agricultural and food product in the course of a business-to-business relationship and that the Minister may by regulations specify what matters are to be treated as such. The Minister has the power to make […]
Enforcement relating to unfair trading practices A person who contravenes or fails to comply with a provision of Agri-Food Unfair Trading Regulations commits an offence and is liable: on summary conviction to a class A fine, or on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or on conviction on indictment, to a […]
Background The Programme for Government 2020 includes a commitment to bring forward legislation that prohibits fur farming in the State. While fur farming was once legal and socially acceptable in most countries, there is now a broad consensus among veterinary and other scientific experts that certain animals should not be farmed for their fur or skin because of serious animal welfare concerns that cannot be […]
The Legislation The Legislation in respect of veterinary medicines is broadly similar to that for human medicines. It has now been consolidated at the EU level pursuant to the Directive. Principles of mutual recognition of animal remedies apply within the EU. The Irish regulation is the EU (Animal Remedies) Regulations. The Department of Agriculture administers the regulations. The Animal Remedies Act is domestic legislation. The […]
Wild v Domestic At common law, animals were divided into two categories. Domestic or tamed animals or wild animals. In this context, animal refers to living creatures generally. Domestic animals include all animals and birds that by training or habit, live with man. This would include farm animals and domestic pets, horses, goats, and sheep. Wild animals include lions, tigers and other potentially savage animals, […]
Knowledge of Disposition Animals which are harmless of their nature or domesticated over generations are presumed not to be of a dangerous disposition. At common law, the owner was not liable in the absence of negligence, for any vicious or mischievous behaviour which is not in the animal’s nature usually to commit unless he knew that the animal had a particular disposition or propensity for […]
Farming and environmental matters Much general environmental legislation has a direct impact on farming. This ranges from water pollution legislation and fisheries protection legislation to general legislation protecting and designating certain parts of the environment for protection. Fisheries legislation creates offences in relation to water pollution. Prosecutions may be made by An Garda Siochana or Inland Fisheries Ireland who replaced the Regional Fisheries Boards. There […]
CAP In Foundation Treaty The Treaty of Rome, the founding document of the European Economic Community, provided that there would be a common policy for agriculture. It stated that the maintenance of differences in agricultural systems would lead to distortion of competition, would impede trade and produce differences in food costs and hence in the cost of living prejudicial to true economic integration. When the […]
Deasy’s Act The first major land reform passed at Westminster effectively consolidated existing laws in favour of the landlord. The Landlord and Tenant Amendment Act Ireland, 1860, is known as Deasy’s Act after the Irish Attorney General, who put it through Parliament. It confirmed that the relationship between the landlord and tenant was based on contract. The general principle remains in force, and the Act […]
Reform The Land Acts effected an enormous social and economic revolution in Ireland. Over the space of a couple of decades, the ownership of most of the agricultural land in the country passed from landed estate owners to their tenant farmers. Until the 1880s, Irish tenant farmers had very little security of tenure. Their tenancies could be ended for little or no reason by the […]
1923 Act By the foundation of the Irish Free State, a significant percentage of tenanted land had been sold. Up to that point, however, sales were voluntary, although generously incentivised. The Irish Free State Land Act 1923 was designed to complete land purchases by making them compulsory. It was also designed to relieve congestion. The legislation provided that with certain exceptions, all tenanted land to […]
Turbary & Estovers Rights of turbary and estovers are the rights, respectively, to take turf and wood from land for the purpose of fuel for a house. At common law, a tenant is entitled to turf for his own consumption from a bog on the property let. The right to take turf may exist as a sole profit. More usually, it is held in common […]
Profits A profit a prendre is a right to take something from the land of another. It is a proprietary right and has certain similarities to an easement. However, unlike an easement, it may, but need not be attached to or accommodate/benefit adjoining land. Profits a prendre may relate to anything which is the produce of the land. This can range from animals on it, […]
No General Right to Roam Generally, the person who is the owner or, more correctly, occupier of land has the right to consent to who or who does not enter. Entering the land of another without consent is trespass. Negligence is not required. Where a person enters land short of being physically pushed into it, he commits trespass. (The person who pushes him would also […]
Public Rights of Way Public rights of way are different to private rights-of-way and private rights to enter land for sporting or fishing purposes. A public right-of-way is a right over a defined route that is exercised by the public as of right. There can also be public rights such as public rights of fishing and navigation. It is created by an actual or inferred […]
State and Public Sector Land There is no automatic or presumed access to State or public sector land. The State is in the same position as other landowners. The State and public authorities are subject to the general laws of property and do not enjoy any special position. The State is the successor to the Crown since 1922 and has title to large areas of […]
General Commonage is often used in an imprecise way to describe common rights of pasture as well as cases where the graziers have acquired ownership in common in undivided shares. There is a class of property rights which allows one person to enter the land of another to take products of the soil. This is called a profit. It may exist attached to adjoining land […]
Terms and Conditions of Entry In the case of public lands, they may be subject to byelaws made by the relevant body which apply. Sometimes these byelaws are made as rules and published. In other cases, they are posted up at entrances as well. As a general rule, a private owner may place terms and conditions on its consent. The owner may erect signs and […]
Environmental Impact Assessment The European Communities (Environmental Impact Assessment) (Agriculture) Regulations apply to three different types of on-farm activities above certain thresholds: restructuring of rural land holdings commencing to use uncultivated land or semi-natural areas for intensive agriculture and land drainage works on lands used for agriculture (excluding drainage or reclamation of wetlands). Where the activities are likely to have a significant effect on the […]
Cross Compliance The EU basic payment scheme contains cross-compliance obligations. They relate in particular to good agricultural and environmental conditions. The Department of Agriculture, Food and the Marine, as the EU-accredited Paying Agency, has the primary responsibility to ensure that the required level of Cross Compliance inspections are carried out and for fixing any sanctions to be applied. In general, the rate of on-farm inspection […]
Planning Permission Requirement Planning permission is required whenever there are “works” to or a “material change of use” of property. The definition of works for the purpose of planning permission is very broad. “Works” include carrying out any building, engineering, mining, or other operations in, under, or over land. A material change of use is a matter of interpretation of the entire circumstances. Whether a […]
EIA Requirements Environmental impact assessment requirements derive form European Union law and are binding on the organs of the State including, local authorities. Local authorities require approval from Bord Pleanála of its environmental impact assessment. The Board may grant or refuse approval or attach conditions. Certain development requires an environmental impact assessment below certain thresholds, only if it would be likely to have significant effects […]
Enforcement of Planning Law The Local Authority has extensive powers to enforce breaches of planning law. In addition, any individual can apply to enforce planning law in the Circuit or High Court by way of a court order to enforce planning breaches. It is not necessary that the individual has any interest in the enforcement, although they usually will. The Local Authorities have powers to […]
Habitats Directive The EU Habitats Directive provides for a network of special areas of conservation and for special protection areas. The sites were designated by the Department under a procedure. Sites can be added. Many of the restrictions and controls that apply to a designated site also apply to some types of proposed sites. The Habitats Directive required the Member States to take actions to […]
General The measures to implement the Habitats Directive are generally preventative. Under the Irish Constitution, the general position is that private landowners are not required to meet the expenditure for public purposes where they are not undertaking some new activity or development. It is lawful for conditions to apply to planning permissions requiring substantial expenditure, which the landowner would not wish to do if given […]
Drainage and floodwater Local authorities may maintain and improve the surface water drainage network to prevent flooding and facilitate conservation. The local authority legislation permits the Minister for the Environment to make an order for authorities to form joint drainage committees. The Office of Public Works manages schemes under the Arterial Drainage Act. Drainage schemes are prepared by the office of public works, which is […]
Forestry Management The Forestry Act 2014 updates the legislation in relation to forestry. It repeals the Forestry Act 1946 and previous legislation. The Act provides for the functions of the Minister and gives powers to protect forest from a range of risks and threats, including fire, disease, and vermin. Enforcement measures by the way of penalties and prosecutions are provided for. The Forestry Acts give […]
1930s Legislation In addition to the modern legislation on cereals, there exists on the statute book older legislation from the 1930s dealing with the cereals sector. The legislation required a licence in relation to a range of activities, including in particular, milling, manufacturing cereal, maize, meal mixtures and compound feedstuff. It is an offence to carry on the business concerned without a licence. A mill […]
Regulation The Pigs and Bacon Act provided for the regulation of the business of the pigs and bacon industry. Registers of minor curers and pork butchers were established. The premises and persons undertaking the business were to be registered. Conditions are imposed on registration. Fees are payable in respect of registration. Returns were required. Premises were subject to inspection, and records must be kept. Provision […]
Old & New Legislation The Agriculture Fresh Meat Act regulates the production of fresh meat, provides for the registration of slaughterhouses and the preparation and packaging of fresh meat, examination and certification of compliance and other related matters. The legislation is part of a group of pieces of legislation introduced in the early years of the State. The legislation has been modernised and, to some […]
1930s Slaughter Legislation The Slaughter of Animals Act provides for the treatment of animals in slaughterhouses and for slaughter licences. The legislation is enforced by the Health Authority, including its veterinary officers. The Slaughter of Cattle and Sheep Act provides for the slaughter of cattle and sheep for human consumption and matters relating to the regulation of export and use of animals slaughtered, including the […]
Abbatoirs & Knackery The Abattoirs Act provides for the licensing of abattoirs and knackeries and, in particular, provides veterinary and hygiene controls. An abattoir is any premises used to slaughter animals whose meat is intended for human consumption. It includes a slaughterhouse but not a place on a farm other than as specified used for the occasional slaughter of a pig or animal injured by […]
Assurance Scheme The National Beef Assurance Act established the National Beef Assurance Scheme. The purchase of the scheme was to establish standards under which animals, carcasses and meat intended for human consumption are to be produced, processed, traded or handled under which feedstuffs shall be manufactured or traded, continue and develop animal tracing systems for the collection of data on the computerised monitoring system. The […]
1920s Dairy Regulation There exist several pieces of legislation regulating aspects of agricultural industries, in particular from the perspective of ensuring food hygiene and safety. This reflected the importance of agriculture to the newly independent State. Much of the legislation is still in force but has been superseded or restricted by later European-based, more comprehensive food hygiene measures. The Dairy Produce Act provides for the […]
Dairy Regulation There exist several pieces of legislation regulating aspects of agricultural industries from the perspective of ensuring food hygiene and safety. This reflected the importance of agriculture to the newly independent State. Much of the legislation is still in force but has been superseded or restricted by later European based, more comprehensive food hygiene measures. The Dairy Produce Act provides for the regulation of […]