Rivers Access Campaign
Encyclopedia
The Rivers Access Campaign is being undertaken by the British Canoe Union
(BCU) to open up the inland water-ways in England
and Wales
on behalf of members of the public. Under current UK law, public access to rivers is restricted, and only 2% of all rivers in England and Wales have public access rights. The BCU is using the campaign not just to raise awareness of the access issues, but to try to bring about changes in the law.
The campaign uses slogans such as "We have been given the Right To Roam, But not Permission To Paddle!" and "Access for All". Also, a series of informative posters and pamphlets have been produced using cartoon artwork by Andrew Quick.
England and Wales are almost unique in the level of restriction upon their waterways and are considered two of the most difficult places in the world to gain access to rivers. The Countryside and Rights of Way Act 2000
grants a "Right to Roam" and allows free access to non-agricultural land in England and Wales. But angling
interests successfully lobbied for the exclusion of inland waterways from the act. Amongst other countries with virtually limitless public access rights to waterways is Scotland
, where the Scottish Parliament
passed the Land Reform (Scotland) Act in 2003, which grants access for both land and inland waterways to the public.
The UK government has encouraged canoeists to seek negotiations and create access agreements for privately owned water with land owners throughout England and Wales. For over 50 years both the BCU and WCA have been working to seek these agreements for access, which has resulted in 812 kilometres (504.6 mi), a total 4% of all privately owned linear waterways in England and Wales being opened up with some form of public access agreement.
The Welsh Canoeing Association
estimate that there are around 300 rivers in Wales suitable for kayaking, 13 of which have any form of legal access agreement.
Most of these agreements permit access only on certain days of the year or for short sections of the river. The government has decided to pursue further agreements in 4 study areas, over a 2 year trial period. However there is no guarantee that this trial will grant further access, with recent government studies showing that access agreements are unlikely to be able to provide the necessary resources needed for water sports.
) also owns the property rights to the river bed. Under current UK laws, anyone on that water without permission from the riparian owner is trespassing. This is a civil offence
, and may incur a fine or possibly a court injunction
to prevent further trespassing. This applies to any member of the public, be they canoeists, rowers, swimmers or simply walkers stopping off on the river side to dip their feet.
It has been argued that there is a right of navigation on any navigable water in the UK.
The only arrestable offence is Aggravated Trespass, under the Criminal Justice and Public Order Act 1994
, where a criminal offence is committed whilst trespassing. There must also be intent to disrupt or intimidate those engaged in lawful activities.
The Rivers Access Campaign's main goal is to bring in a new Act to grant a public right of navigation along all waterways in England and Wales, similar to the Scottish Land Reform Act.
British Canoe Union
The British Canoe Union is a national governing body for canoeing in the United Kingdom, whose stated purpose is "Helping and Inspiring people to go canoeing”....
(BCU) to open up the inland water-ways in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
on behalf of members of the public. Under current UK law, public access to rivers is restricted, and only 2% of all rivers in England and Wales have public access rights. The BCU is using the campaign not just to raise awareness of the access issues, but to try to bring about changes in the law.
The campaign uses slogans such as "We have been given the Right To Roam, But not Permission To Paddle!" and "Access for All". Also, a series of informative posters and pamphlets have been produced using cartoon artwork by Andrew Quick.
Access situation
-
-
- There are 4540 kilometres (2,821 mi) of inland river and canal in England and Wales with navigation rights.
- There are over 65000 kilometres (40,389.2 mi) of inland rivers with no access.
-
England and Wales are almost unique in the level of restriction upon their waterways and are considered two of the most difficult places in the world to gain access to rivers. The Countryside and Rights of Way Act 2000
Countryside and Rights of Way Act 2000
The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on 30 November 2000.As of September 2007, not all sections of the Countryside and Rights of Way Act have yet come into force...
grants a "Right to Roam" and allows free access to non-agricultural land in England and Wales. But angling
Angling
Angling is a method of fishing by means of an "angle" . The hook is usually attached to a fishing line and the line is often attached to a fishing rod. Fishing rods are usually fitted with a fishing reel that functions as a mechanism for storing, retrieving and paying out the line. The hook itself...
interests successfully lobbied for the exclusion of inland waterways from the act. Amongst other countries with virtually limitless public access rights to waterways is Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, where the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
passed the Land Reform (Scotland) Act in 2003, which grants access for both land and inland waterways to the public.
The UK government has encouraged canoeists to seek negotiations and create access agreements for privately owned water with land owners throughout England and Wales. For over 50 years both the BCU and WCA have been working to seek these agreements for access, which has resulted in 812 kilometres (504.6 mi), a total 4% of all privately owned linear waterways in England and Wales being opened up with some form of public access agreement.
The Welsh Canoeing Association
Welsh Canoeing Association
Canoe Wales is the national governing body for canoeing and kayaking in Wales. It covers all branches of the sport from recreational activities to whitewater racing, slalom racing and wildwater racing; flatwater sprint racing and marathon racing; canoe sailing; canoe polo; surf kayaking and...
estimate that there are around 300 rivers in Wales suitable for kayaking, 13 of which have any form of legal access agreement.
Most of these agreements permit access only on certain days of the year or for short sections of the river. The government has decided to pursue further agreements in 4 study areas, over a 2 year trial period. However there is no guarantee that this trial will grant further access, with recent government studies showing that access agreements are unlikely to be able to provide the necessary resources needed for water sports.
The law
Legally the water itself is not owned, but whoever owns the land along the river's edge (the riparian ownerRiparian zone
A riparian zone or riparian area is the interface between land and a river or stream. Riparian is also the proper nomenclature for one of the fifteen terrestrial biomes of the earth. Plant habitats and communities along the river margins and banks are called riparian vegetation, characterized by...
) also owns the property rights to the river bed. Under current UK laws, anyone on that water without permission from the riparian owner is trespassing. This is a civil offence
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, and may incur a fine or possibly a court injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
to prevent further trespassing. This applies to any member of the public, be they canoeists, rowers, swimmers or simply walkers stopping off on the river side to dip their feet.
It has been argued that there is a right of navigation on any navigable water in the UK.
The only arrestable offence is Aggravated Trespass, under the Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
, where a criminal offence is committed whilst trespassing. There must also be intent to disrupt or intimidate those engaged in lawful activities.
The Rivers Access Campaign's main goal is to bring in a new Act to grant a public right of navigation along all waterways in England and Wales, similar to the Scottish Land Reform Act.
See also
External links
- RiversAccess.org - The Campaign's Official Website
- British Canoe Union - The BCU's official Website
- Welsh Canoeing Association - The WCA's Official Website
- http://kayakcapers.co.uk - Andrew Quick (Cartoonist for the campaign)