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Following a request from farming representatives Environment Secretary Hilary Benn has granted a temporary exemption from the cross compliance standard to enable farmers to use mechanical equipment and vehicles on waterlogged soil and access their crops in England.

The Environment Secretary has the power to give an exemption from the requirement in periods of exceptional weather conditions. In view of the recent weather, Hilary Benn has given a temporary exemption from the requirement until 4 October 2008 (subject to review).

The Good Agricultural and Environmental Condition standard, GAEC 3, prohibits farmers from carrying out mechanical operations and using motorised vehicles on waterlogged soil. This standard was put in place to protect soils from compaction and structural damage caused by using vehicles when the soil is too wet.

Hilary Benn said:

"I am very aware of the problems that farmers are facing in many parts of the country in getting the harvest in after all the heavy rain there has been, and the prohibition on using machinery on waterlogged soil is likely to make the problem worse.

" In the light of this, and following representations from the NFU and others, I have decided to lift this restriction until 4th October 2008. We need to do all we can to help the harvest and I hope this decision will go some way to assist farmers who have been most affected."

Farmers must limit their access to waterlogged areas to that required for harvesting, and should not initiate other land activities, such as ploughing in preparation for sowing for next season, until suitable soil conditions prevail. Farmers should record on their Soil Protection Review any damage arising from the temporary exemption from the waterlogged soil, the action they intend to take to negate or, if appropriate, lessen that damage; and should take such action as soon as is practicable before the next crop is sown. Remedial action is necessary to avoid creating problems for the future."

During this period it is likely that Statutory Authorities or those acting on their behalf may need access to claimant"e;s land for such activities as watercourse clearance and emergency or remedial works.

This situation is covered in the Guide to Cross Compliance which confirms that third parties coming onto farmland under their statutory authority such as for carrying out emergency works will not affect farmers"e; responsibility for cross compliance. In such cases, farmers are advised to notify the RPA and record any soil damage on their Soil Protection Review.

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