On the 10 September 2008 DEFRA reported an exemption to the waterlogged soil regulations which will see Cross Compliance legislation relaxed in order to allow farmers to complete harvest. The busy harvesting month of August has gone against its stereotype and seen very wet conditions to all parts of the country. Rainfall has been well over average levels with the Met Office recording 139.8mm as a UK rainfall average for the month.
It is because of these high levels, which have often fallen in very short periods of time, leading to flash flooding in both urban and rural settings, that the Environmental Secretary, Hilary Benn, announced a temporary exemption from the cross compliance requirement restricting vehicles on waterlogged soil in England. The exemption is aimed at helping farmers to complete their harvest and will run until the 4 October 2008 (subject to review). The decision is said to have been brought about following representations from the NFU and others, who explained how the exceptional weather has delayed the harvesting of arable crops.
With the potential problems of compaction and disruption of the soil structure mechanical equipment and vehicles are prevented from working on waterlogged land. This is governed by the Good Agricultural and Environmental Condition standard, GAEC 3, and is a vital part of Cross Compliance that must be adhered to if Single Farm Payment is to be granted and heavy fines avoided.
Due to the exemption and the potential soil damage that this could create farmers are advised to record all machinery movements on waterlogged land in their Soil Protection Review. A note of actions to be taken and any steps implemented to negate damage should also be recorded.
The Environmental Secretary has limited this waterlogged exemption to land with crops to be harvested, which therefore prevents other land activities, such as ploughing in preparation for sowing for next season, until suitable soil conditions prevail. Any action that is required following machinery movements should be completed as soon as is practicable before the next crop is sown.
This temporary exemption has also been mirrored by the Welsh Assembly.
For further information, please contact Richard Abraham on 01530 412821 or email richard.abraham@fishergerman.co.uk
