Dismissing four grounds of challenge brought by the National Farmers’ Union Cymru, Sir Wyn Williams held that Welsh farmers had no legitimate expectation that a derogation for farms which comprise more than 80% grassland would apply (as had been the case previously), the Minister had not made a factually incorrect statement to the Senedd because it stemmed from legal advice received in good faith, and that all relevant considerations had been taken into account, including the environmental and economic implications of designating the whole of Wales as an NVZ, the combined effect of the new regulations and Brexit, well-being of farmers and the Welsh language. 

The regulations came into force on 1 April 2021 and are subject to transitional provisions so that the main provisions affecting farms become operative on 1 January 2023 and 1 August 2024. 

The judgment is available to view here. 

Gregory Jones QC and Annabel Graham Paul successfully defended the regulations on behalf of the Welsh Ministers.