1.—(1) A farmer shall prevent the poaching of soil, except where—
(a)the poaching of the soil is a necessary consequence of measures taken to ensure animal welfare;
(b)the soil is within 5 metres of a gateway or other access point and access is required over the waterlogged soil to soil that is not waterlogged;
(c)the soil is on an established track to soil that is not waterlogged;
(d)the poaching of the soil is a necessary consequence of harvesting a crop of fresh vegetables in circumstances where such produce would deteriorate if not harvested as a matter of urgency; or
(e)the poaching of the soil is a necessary consequence of works that are required to improve the drainage of the waterlogged soil.
(2) The Department shall vary or suspend any of the requirements in sub-paragraph (1) in relation to an area and for a period of not more than two months, where in its opinion—
(a)an area is affected by extreme 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 Department has varied or suspended the requirements, it 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 shall 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) A farmer shall ensure that during the period after harvest until the 1st March in the following year one of the following conditions is met in respect of cultivated land—
(a)the stubble of the harvested crop remains in the land;
(b)the land is sown with a temporary crop cover; or
(c)the land is left with a rough surface following ploughing or discing.]
Textual Amendments