MEDIA RELEASE

Bigger fines for dairy pollution

For immediate release: Monday 12 February 2007

A landmark court case means Bay of Plenty dairy farmers will now face bigger fines if they pollute the environment.

Environment Court judge J A Smith has lifted the starting point for fines for dairy shed effluent offences from about $4000 to more than $10,000. Judge Smith made the ruling in Tauranga while sentencing a Maketu dairy farmer, and his company, for discharges of dairy effluent entering a tributary of the Little Waihi estuary.

Environment Bay of Plenty, Federated Farmers and Fonterra have welcomed the court’s decision. “When discharges like this happen, it’s serious - and we need strong deterrents,” says Jim Pringle, Environment Bay of Plenty’s regulation, monitoring and investigation committee chairman. “Most farmers are very aware of the environment and work hard to make sure they look after it. A few bad apples ruin it for everyone.”

Mr Pringle says Environment Bay of Plenty works alongside farmers with the focus on education. The most recent dairy farm survey, presented to Mr Pringle’s committee on Thursday 8 February, had shown a further improvement in compliance rates for the disposal of dairy shed effluent. Of the farms visited by staff, Tauranga Harbour catchment had 100% compliance after the first visit. However, the largest percentage increase was in the Papamoa and Pongakawa to Matata Straights’ catchment, which rose from 71% to 92%.
“Nearly all of the farms visited had done well, which is a very good result,” Mr Pringle says. “However, it’s extremely disappointing to us, and to the farming industry, that incidents of serious pollution can still happen.”
Derek Spratt, president of Bay of Plenty Federated Farmers, also gives his support to the fine increase. “A few farmers are not pulling their weight. Hopefully the level of fines now being implemented will impress on them that it is not worth failing to comply with their dairy discharge consent.” Mr Spratt says he is pleased at the improvement in the level of compliance.
Fonterra's director milk supply, Barry Harris, says the company urges its farmers to ensure compliance with current regulations, and supports measures that would prevent breaches of dairy effluent rules.
“We support steps being taken to ensure that those who are letting the industry down are held responsible for their actions,” he says.

Environment Bay of Plenty took the company and farmer to court for two offences relating to discharging dairy shed effluent over land and into a drain. In his sentencing notes, Judge Smith pointed out that it was clear the pollution was not just a one-off but had happened before, and over a period of time.

Judge Smith said the change in fine levels had been signalled nationally for the past two years, including in an earlier Bay of Plenty prosecution. “Having regard to the widely reported fines, both in the Waikato and nationally, including the South Island, I am in no doubt that the farming community as a whole should be aware that these matters will be treated by the court with significantly greater seriousness than in the past and accordingly that fines have increased.” he said.

Judge Smith fined the farmer and farm company a total of $9000 plus costs. The result took into account the fact that it was the first charge in the region using the new benchmark, he said.

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