Post by shark on May 13, 2009 3:10:01 GMT -12
Riversaccess - epetition response
We received a petition asking:
“We the undersigned petition the Prime Minister to introduce legislation for Public Access to Inland Waters in England and Wales. Access rights would be supported by an Access Code to enshrine rights with personal and environmental responsibilities and as a basis to resolve any interaction issues.”
Details of Petition:
“Access to and along inland waters in England and Wales for non powered craft is severely restricted, more limited than for any other country in the World. Access would provide millions of people, (canoeists, anglers, walkers, boaters and other interest groups) with opportunities to recreate near home, with added benefits for public health, education, social cohesion and local economies. Public access to land has been strengthened by the Countryside and Rights of Way Act 2000. Coastal Access is part of the Marine Bill. Legislation for Public Access to Inland Waters could be on the principles set by the access to water section of the Land Reform Act (Scotland) 2003 and Scottish Outdoor Code. Inland waters are important habitats for flora and wildlife. Legislation supported by an Access Code would highlight environmental responsibilities for sustainable access to maintain and improve bio-diversity. Natural England rejects Voluntary Access Agreements (as do we). They are: • Unable to deliver permanent and secure access • Unfit to tackle long standing resistance to access • Access would be piecemeal, not continuous.”
· Read the petition
· Petitions homepage
Read the Government’s response
Thank you for your e-petition.
The Government has an strong record in delivering access to land for recreational purposes, and we are keen to see access opportunities extended further wherever possible and practicable. We therefore share canoeists’, and other user groups’, aspirations for more and better access to inland water and have been working, through our agencies, to deliver this over a number of years.
To help identify the demand for water access, we asked the Environment Agency to work with other stakeholders to draw up strategic plans to deliver access on sections of four pilot rivers identified in work by the Countryside Agency (now part of Natural England). The aim of the project was to increase the understanding of the use of agreements and develop a toolkit for others to use. The 70km of access created during this work demonstrates what can be achieved by such agreements.
Through the projects on pilot rivers, legitimate access has been put in place through agreements with those who own the land. Whilst limited use existed previously on some of the rivers, it was not with the permission of all landowners and therefore may have constituted trespass. The project also used section 16 of the Countryside and Rights of Way Act to dedicate access on the Mersey and removed restrictions on use. This again provided secured legitimate access.
Our policy on access is clear – we will promote sustainable increased access where it will not adversely impact on existing uses and users, or the economic and conservation value of the site, and associated area, now or in the future. Subject to resources, we will encourage access where managed solutions can be found to remove adverse impacts.
Whilst the Land Reform Bill in Scotland has provided open access, there are issues that show how management is still needed in places. On the Tay there has been an agreement put in place where commercial rafters using the river have agreed to forgo their legal right and not go on the river at certain times so that they do not impact on the angling activity.
Some of the issues with open access include:-
·bringing users into contact with dangerous structures
·creating increased liabilities for those who own the structures
·risk of creating ‘hotspots’ as has happened on the Tay and the associated impacts on other users and the income they create
·the large number of landowners affected
·the potentially high numbers of unmanaged users
·potential impacts on conservation
Whilst a code of conduct for access may be able to manage some issues, to be capable of managing the conduct of all water users on all waters, it would be very complex and difficult to enforce.
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Tags: Inland Waters