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New rights, new responsibilities
For hundreds of years there has been concern about the availability of access to wide open spaces for public recreation and exercise. It began when the enclosure system started to produce the patchwork quilt of fields bounded by hedges and walls and there have been several attempts to legislate for better access in the past 150 years. The Countryside and Rights of Way Act 2000 will give people a new right of access to walk over large areas of open countryside and registered common land. It will also mean new responsibilities for those who visit and manage these areas.
The Act does not give people the 'right to roam' wherever they want to. Nor does the new right come into effect at once. It will allow people to walk on access land throughout England and Wales, once these have been defined and opened for access . The aim is to have the new right to be in force by 2005 at the latest.
The new access land will usually mean open country like mountains, moorland, heath and downland, and also common land. It will also include any areas voluntarily dedicated by the owners for access under the new Act. Access land will be marked on maps like the Ordnance Survey's 'Explorer' and 'Outdoor Leisure' series. However access rights will be limited in several ways:
Everyone using access land should respect the rules and the needs of landowners and other visitors. Otherwise they will temporarily lose their access rights and could be liable to prosecution. All access land will be owned by someone. It will often be used for farming, shooting or nature conservation. The new access arrangements will not restrict the way land is used, though owners must not endanger, obstruct or discourage visitors.
What are the new access rights in the Countryside and Rights of Way Act 2000?
Part I of the Countryside and Rights of Way Act 2000 grants a general right of access to the public to 'access land' for the purposes of open-air recreation. The new rights are mainly for access on foot. Other activities, such as camping or horse-riding, are not included under the Act, although they may be permitted under certain circumstances. There will sometimes have to be restrictions on the new access rights for reasons such as land management, public safety, nature and heritage conservation. It is important to understand that there are a lot of preparations to be made before the new rights can come fully into effect. In particular, the Countryside Agency has to map all the open country and registered common land in England. The mapping is a big job and it is important to get it right. We don't expect the conclusive maps for the whole of England to be finalized before the end of 2005.
Where can I see the Countryside and Rights of Way Act 2000?
The full text of the Countryside and Rights of Way Act 2000 may be viewed at
(External)
http://www.hmso.gov.uk/acts/acts2000/20000037.htm#aofs
Alternatively, the Access section of the Countryside Agency's website
(External)
www.countryside.gov.uk/access/
,
provides a description of the key facts within the Act, with links to the appropriate sections of the original Act.
What is 'open country'?
The criteria for each class of open country describe the general character of mountain, moor, heath and down. They then set out the primary vegetation types which are present, followed by those vegetation types which may typically be associated with these habitats. The Countryside Agency will map as open country land, other than registered common land, that appears to the Agency to consist wholly or predominantly of:
Mountain - by which we mean all land over 600 metres above sea level and other upland areas comprising rugged and steep land, crag, scree, fell, or other bare rock and associated rough vegetation. It does not include coastal cliffs. It includes semi-natural upland vegetation, but does not include agriculturally improved or semi-improved grassland. It may include areas of bracken, scattered trees, open water, rivers, streams, bogs, mires, bare peat, or a mosaic of these.
Moor - by which we mean land usually of an open character with semi-natural vegetation such as; mires (including blanket bog), heaths2, rough unimproved acid grassland, and upland calcareous grassland. It does not include agriculturally improved or semi-improved grassland, but may include areas of unimproved bent-fescue grassland, scattered trees, scrub, bracken, open water, rivers, streams, bare peat, rock outcrops or other bare ground, or a mosaic of these. Moor usually occurs in upland areas but may also be found in lowland areas. 1 In describing moor as comprising land 'usually of an open character', we mean that, whilst individual land parcels might comprise enclosures of varying size, they will in combination form a landscape that provides open vistas (though sometimes these are interrupted by woodland, incised valleys or other local features). Many areas of moorland include (on the edge of or within otherwise relatively larger tracts of land) smaller areas bounded by walls or fences, which are an inherent part of the moorland landscape and will therefore be included as 'open country'
Heath - by which we mean land of a generally open character3, usually characterized by natural ericaceous dwarf shrubs. Heath usually occurs in lowland areas on nutrient poor soils. The typical vegetation types are heathers, gorse, bilberry, mires, scrub, unimproved grassland, and bracken. It does not include agriculturally improved or semi-improved grassland, but may include areas of scattered or dense naturally regenerating trees, open water, rivers, streams, carr, sand or other bare ground, or a mosaic of these. 3 In describing heath as being 'of a generally open character', we mean that, whilst individual land parcels might comprise enclosures of varying size, they will in combination form a landscape that provides open vistas (though sometimes these are interrupted by groups or blocks of trees or scrub).
Down - by which we mean land comprising semi-natural grassland in areas of chalk or limestone geology generally within an open landscape. The typical vegetation type is unimproved grassland often with scattered scrub. It does not include agriculturally improved or semi-improved grassland, but may include areas of scattered trees, dwarf shrubs, streams, springs, or a mosaic of these. In describing down as being 'generally within an open landscape' we mean that, whilst individual land parcels might comprise enclosures of varying size, they will be part of a typical chalk or limestone landscape, sometimes with open vistas across undulating countryside and sometimes comprising steep sided 'scarp' slopes and dry valleys with more limited views.
What is registered common land?
Registered common land refers to land registered and maintained under the 1965 Commons Registration Act. The Countryside Agency has a duty to produce a faithful copy of the commons registers and has no discretion to change this. Common land under other legislation does exist but is not relevant under this Act and will therefore not be mapped as registered common land in this process.
What types of land are classed as 'excepted land'?
Certain types of land are classed as 'excepted land' under Schedule 1 of the Act, even though they are shown as open country or registered common land on the map. The new access rights will not apply on excepted land, even if they are entirely surrounded by access land such as moor or heath. Excepted land is intended to reflect the status of changing land types and will generally be easily recognizable on the ground. Excepted land will not be identified on the conclusive maps, but we will be issuing advice on how to recognize excepted land before the commencement of the new rights. The following list summarises excepted land types. More detail can be found under schedule 1 of the Act:
How will the Act affect land with existing access rights?
All open country and registered common land will be shown on the maps. Some of this land may have existing statutory rights of access, known as "section 15 land". You will still be able to go on this "section 15 land". Your right to do so will be the existing statutory right, not the new one under the Countryside and Rights of Way Act 2000. You will need to keep to any rules and restrictions which apply under that existing right (which may be displayed on site), not those which apply under the Countryside and Rights of Way Act 2000. Section 15 land can include the following:
You can find out more about mapping land with existing access rights by reading DEFRA's guidance note, "Mapping of open country and registered common land subject to existing statutory rights of access", available on the DEFRA website (External) www.defra.gov.uk .
What is an 'access dedication'?
Section 16 of the Countryside Rights of Way Act gives landowners a new power to voluntarily dedicate additional areas of their land permanently for access. The owner will be able to decide which bits of land to dedicate, and these areas will then become subject to the access rights and restriction powers in the Act. Owners can also open up any area of their land (including open country or common land) to wider access, e.g. on cycles or horseback. Once dedicated the right will be irrevocable and will bind future owners. The Forestry Commission is currently deciding whether to dedicate areas of land under Section 16 of the Act.
What will happen if an area of open country has no right of way leading to and from it?
Local highway authorities have powers to negotiate public right of way creation agreements and orders with landowners. These have been extended under the Act to enable the establishment of public access to or across land adjacent to inaccessible islands of access land.
RESPONSIBILITIES
Whatever they are doing, people using the new access rights should act responsibly, with consideration for others, and respect other people's privacy. They must not:
Apart from lawful restrictions, landowners and farmers should not do anything to discourage visitors from legally using the land, once it is open to access. For example they must not:
Local authorities will have powers to deal with any unreasonable obstruction of entrance to access land.
CONTROL OF DOGS
To avoid disturbing or injuring wildlife and farm animals, visitors with dogs will have to keep them under control and take notice of any special restrictions. They will have to use a fixed lead no more than 2 metres long whenever there are livestock near, and at all times from 1st march to 31st July, so they do not disturb nesting birds. Dogs may be excluded completely from grouse moors (or lambing enclosures at lambing time) if the owner of the land wishes. These general rules may be varied by local notices which might for example, extend or relax the period for keeping dogs on a short lead. Dogs that are attacking or threatening livestock can legally be shot. The best advice to dog owners is always to keep their dogs under proper control. (Farmers and landowners dogs will not be affected by these restrictions but they must not be allowed to intimidate or attack visitors).
LOCAL ACCESS RESTRICTIONS
Specific local restrictions will limit or prohibit access at some times. The details will vary from place to place. Landowners will be able to suspend or restrict access to any areas of access land for up to 28 days each year, excluding public and bank holidays and most weekends. Restrictions will be kept to a minimum and permanent or long term closures are likely to be rare, but where they apply they must be observed. Once the new access right comes into force, people will be able to check the position in advance at information centres or on the Internet. Details of restrictions will also be displayed on notice boards at popular entry points to access land.
OFFENCES AND ENFORCEMENT
Visitors who break any rules or restrictions on access land may be asked to leave and will lose their right of access to that owner's land for 72 hours. In serious or repeated cases, they may face a court injunction or even prosecution. Rangers will manage access to some of the busier or more sensitive areas. They will help and advise visitors, and will also have powers to enforce rules and restrictions.
SAFETY AND LIABILITY
Some access land may be inherently dangerous and visitors are responsible for taking proper care of themselves and any children or dogs, that accompany them. When access land is open to the public, the occupier of the land will not be liable for anyone injured by the natural features of the landscape, such as rocks, trees, rivers, streams ditches or ponds. Nor will the landowner be liable if someone is injured when climbing over or through a wall, fence or gate. But occupiers must not put visitors directly at risk (for example by recklessly operating dangerous machinery).
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