1.—(1) A farmer shall prevent soil from being poached, except where:
(a)poaching of soil is a necessary consequence of measures taken to ensure animal welfare during periods of extreme weather conditions;
(b)the waterlogged soil is within 5 metres of a gateway or other access point and access is required over the waterlogged soil to land that is not waterlogged;
(c)the waterlogged soil is on an established track to land that is not waterlogged;
(d)poaching of soil is a necessary consequence of harvesting a crop of fresh vegetables or fruit in circumstances where such produce would deteriorate if not harvested as a matter of urgency; or
(e)poaching of soil is a necessary consequence of works that are required to improve the drainage of the waterlogged soil.
(2) 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.