Paragraph 3 Waterlogged soil

(1)

A farmer must not carry out a mechanical field operation 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;

(c)

the mechanical field operation is necessary—

(i)

to improve the drainage of the soil, or

(ii)

to incorporate gypsum into the soil following an intrusion of saltwater, or

(iii)

for reasons of animal welfare or human safety, or

(iv)

in order to harvest a crop of fruit or vegetables—

(aa)

in order to meet contractual obligations, or

(bb)

where the quality of the crop would deteriorate if it was not harvested;

(d)

the National Assembly has, in accordance with its obligation under sub-paragraph (2), published written directions stating, with reasons—

(i)

that in its opinion an area of Wales is affected by exceptional weather conditions,

(ii)

that in its opinion those weather conditions justify the suspension or variation 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,

(iii)

the details of the suspension or variation, and

(iv)

the period during which the suspension or variation will apply, provided that the period does not last more than two months,

in which case any farmer in the area of Wales concerned 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, during the period stated.

(2)

The National Assembly must publish such directions, in such a way as it considers appropriate to bring in the notice of those likely to be affected by them, whenever it considers it justified in consequence of such weather conditions to do so.

(3)

In this paragraph, “mechanical field operation” includes any harvesting, cultivation or spreading operation (including the spreading of manure or slurry) and all vehicle activity over the land in question.