Public-law forms of counteracting the so-called phenomenon of odour nuisance resulting from agricultural activity related to pig production in factory farms
Journal Title: Acta Scientarum Polonorum Administratio Locorum - Year 2018, Vol 17, Issue 4
Abstract
The gradual degradation of the environment and social conflicts are negative results of commercialization and intensification of agricultural production. Particularly destructive influence in this respect is noted in connection with the activity of the so-called corporate farms, taking the form of farms with high concentration of animals. Therefore, one legal aspect of their functioning has been analysed in this paper: farms perceived as an odour-generating factor. Due to the fact that the pork market is vital for agricultural market in Poland, the considerations have been limited to pig farms. The aim of the article is to analyse the current (de lege lata) public-law instruments in the Polish normative system that aim at counteracting the so-called odour nuisance resulting from agricultural activity related to pig production in factory farms. The analyses led to the conclusion that Polish regulations, similarly to EU regulations, did not introduce an appropriate air protection standard against odour but only against certain substances in the air. At present there are only rules that affect the reduction of odour nuisance but they do so only partially and in connection with other issues. Due to the lack of odour provisions they cannot be examined in the process of obtaining a decision on the environmental conditions of consent for a pig farm. The fact that such farms produce unpleasant odour cannot determine formal administrative and legal decisions. In particular, it is not possible to issue a legally effective decision that refuses to determine the environmental conditions of consent for the pig farm for reasons of a lack of regulations on odour and measuring methods. Lack of legal procedures for making meaningful analyses of odour dispersion prevents proper assessment of the impact of such businesses on the environment and on human health. Nevertheless, the interpretation used by the administrative courts allows to assume that the odour aspect should be taken into account when issuing such decisions. As existing legal instruments introduce very limited and unsatisfactory legal protection for the inhabitants of the areas where such farms operate, it becomes necessary to apply the constitutional principle of sustainable development, the general principles of the environmental law and even the findings of the WHO as well as the case law of the European Court of Human Rights. This demonstrates a clear trend in the judicature, in which not only the rights of persons to live in freedom from odour nuisances are recognized, but also the need for the protection by legal means. For these reasons the problem of odour nuisance requires the introduction of a comprehensive and systemic solution. Therefore, it should be recognized that the attempt to regulate this area of socio-economic life, which involves the development of clear and precise rules concerning odour standards and methods of measurement of odour and air quality, is possible, justified and desirable.
Authors and Affiliations
Michał Hejbudzki
Keywords
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