The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005

Waterlogged soil

3.—(1) A farmer must not carry out a mechanical field operation or use, or allow the use of, a motorised vehicle on waterlogged soil unless—

(a) the soil is within 20 metres of the access point to an area of soil which is not waterlogged;

(b) the soil forms part of a track to an area of soil which is not waterlogged; or

(c) the mechanical field operation or the use of a motorised vehicle is necessary—

(i) to improve the drainage of the soil;

(ii) to incorporate gypsum into the soil following an intrusion of saltwater;

(iii) for reasons of animal welfare or human safety; or

(iv) in order to harvest a crop of fruit or vegetables (excluding all varieties of potato, sugar beet, mangel, swede, turnip and fodder beet) —

(aa) in order to meet contractual obligations; or

(bb) where the quality of the crop would deteriorate if it were not harvested.

(2) The Secretary of State shall vary or suspend any of the requirements in sub-paragraph (1) in relation to an area and for a period of no more than two months, where, in her opinion—

(a) an area is affected by exceptional weather conditions; and

(b) those weather conditions justify the variation or suspension of the requirement in this paragraph, taking into consideration the economic impact of the weather conditions and the environmental effects of any variation or suspension of the requirements.

(3) Where the Secretary of State has varied or suspended the requirements she shall publish directions to the farmers in the area concerned stating, with reasons, the details and duration of the variation or suspension, and the farmers must comply with the requirement as varied in the directions, or in the case of a suspension of the requirement, need not comply with the requirement.

(4) In this paragraph, “mechanical field operation” includes any harvesting, cultivation or spreading operation (including the spreading of manure or slurry) by mechanical means.