Commentary on Sections Part 3 – Repeals of Welsh Legislation Part 6 – Offence of removal of soil without consent
143.The Agricultural Land (Removal of Surface Soil) Act 1953 (‘the 1953 Act’) was intended to tackle the problem of topsoil being stripped off agricultural land, for commercial gain, leaving the land unable to be used for further cultivation. Under section 1 it is an offence to remove more than five cubic yards (which is 3.822 cubic metres) of soil from agricultural land in any three-month period with a view to sale, but only where such an activity constitutes “development” under the Town and Country Planning Act 1990(7) (‘the 1990 Act’) and has not received planning permission. A person committing an offence under the 1953 Act can be prosecuted and, on summary conviction, punished by a fine of up to Level 3 or even by imprisonment(8) (see section 2), but a prosecution can only be brought with the consent of the Attorney-General or the Director of Public Prosecutions (see section 3)(9).
144.Where a person is undertaking development without planning permission, it can be dealt with by the relevant planning authority by undertaking enforcement action under the 1990 Act. Breaches of enforcement action can result in prosecution under the 1990 Act and conviction may result in an unlimited fine, but not imprisonment. Powers to quickly stop unauthorised development were originally introduced in the Town and Country Planning Act 1968, with effect from 1 January 1969. It is understood that very few, if any, prosecutions have been brought under the 1953 Act since 1969. Certainly, practice today is to tackle breaches of the requirements for planning permission through the 1990 Act.
145.As a result, the 1953 Act, so far as it applies in Wales, is no longer of any practical utility. The Act therefore disapplies the 1953 Act in relation to land in Wales.