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New access rights and responsibilities in Scotland
Bridget DalesBridget Dales
Scottish Natural HeritageScottish Natural Heritage
A New Outdoor Access A New Outdoor Access Scene for ScotlandScene for Scotland
Land Reform (Scotland) Act 2003 – Part Land Reform (Scotland) Act 2003 – Part One: Access RightsOne: Access Rights
Scottish Outdoor Access Code Scottish Outdoor Access Code
Access Education ProgrammeAccess Education Programme
Outdoor access – why Outdoor access – why change?change?
Background: Why Change?Background: Why Change?
Present law on access was very unclearPresent law on access was very unclear
Mixed success of voluntary principleMixed success of voluntary principle
Uplands good, lowlands poor (eg RoWs)Uplands good, lowlands poor (eg RoWs)
Shifts in public expectationsShifts in public expectations
Minimal resourcesMinimal resources
Political commitmentPolitical commitment
Opportunity for a Scottish approachOpportunity for a Scottish approach
The result - a packageThe result - a package
LegislationLegislation - new statutory right of - new statutory right of responsible access to land responsible access to land
– – including inland waters.including inland waters. Scottish Outdoor Access CodeScottish Outdoor Access Code - guidance on - guidance on
responsibilitiesresponsibilities SafeguardsSafeguards - for managers, privacy, - for managers, privacy,
conservation etcconservation etc New support measuresNew support measures - local authority - local authority
duties and staff, local access forum, etcduties and staff, local access forum, etc Adequate Adequate resourcesresources
Access RightsAccess Rights
Wide ranging rights -Wide ranging rights -
for recreation purposes - to walk, cycle, horseride, for recreation purposes - to walk, cycle, horseride, canoe, sail, etc. (non-motorised)canoe, sail, etc. (non-motorised)
for educational activityfor educational activity
some semi-‘commercial’ users, eg. mountain guidesome semi-‘commercial’ users, eg. mountain guide
to cross land (& inland water)to cross land (& inland water)
Outdoor accessOutdoor access
Outdoor accessOutdoor access
Access RightsAccess RightsDo not apply to:Do not apply to:
- fishing, hunting, shooting, - fishing, hunting, shooting, - motorised vehicles, - motorised vehicles, - people with dogs not under control - people with dogs not under control
Excludes some types of land, eg:Excludes some types of land, eg:
- houses + gardens, buildings + curtilages, - houses + gardens, buildings + curtilages, - crops (except field margins), - crops (except field margins), - sports playing fields in use, - sports playing fields in use, - railways, airports, - railways, airports, quarrying, - quarrying, - restrictions by exemption orders restrictions by exemption orders
Access ResponsibilitiesAccess Responsibilities
UsersUsers to be lawful and reasonable, taking to be lawful and reasonable, taking
proper account of the interests of proper account of the interests of others, and of features of the landothers, and of features of the land
Land ManagersLand Managers land management and actions to be land management and actions to be
reasonable, taking proper account of reasonable, taking proper account of the interests of persons exercising the interests of persons exercising access rights.access rights.
OutdoorOutdooraccessaccess
Supporting MeasuresSupporting Measures
• Local authority – Duties and Powers:Local authority – Duties and Powers:
eg. remove obstructions, manage paths, eg. remove obstructions, manage paths, acquire land, path agreements and acquire land, path agreements and orders, exempt land, appoint stafforders, exempt land, appoint staff
Local Access ForumsLocal Access Forums
Core Paths networksCore Paths networks
Scottish Outdoor Access CodeScottish Outdoor Access Code
Scottish Outdoor Access CodeScottish Outdoor Access Code
StatusStatus Approved by Ministers and ParliamentApproved by Ministers and Parliament evidential - in the event of disputes, has the evidential - in the event of disputes, has the
guidance been disregarded ?guidance been disregarded ?
RoleRole detailed reference & guidance pointdetailed reference & guidance point interprets legislationinterprets legislation advises on everyday situations advises on everyday situations start point for shorter codes - eg Woodland code?start point for shorter codes - eg Woodland code?
Content of Code:Content of Code:those exercising accessthose exercising access
Take responsibility for own actionsTake responsibility for own actions
Respect people’s privacyRespect people’s privacy
Help Land Managers to work safely & Help Land Managers to work safely & effectivelyeffectively
Care for the environmentCare for the environment
Keep dogs under proper controlKeep dogs under proper control
Extra care by groups / businessesExtra care by groups / businesses
Content of Code: Content of Code: those managing access landthose managing access land
• Respect access rights in managing your land & Respect access rights in managing your land & waterwater
• Act reasonably when asking people to avoid Act reasonably when asking people to avoid land management operationsland management operations
• Work with your local authority to integrate Work with your local authority to integrate access and land managementaccess and land management
• Take account of access when managing Take account of access when managing adjacent land / wateradjacent land / water
Content of Code: Content of Code: Forests and WoodsForests and Woods
Users:Users: Take care not to damage trees / wildlifeTake care not to damage trees / wildlife Take care re: management operationsTake care re: management operations Cyclists / horse riders – use paths / tracksCyclists / horse riders – use paths / tracks Dogs – under control, don’t disturb breeding birdsDogs – under control, don’t disturb breeding birds
Land managers:Land managers: Plan to manage level & nature of public usePlan to manage level & nature of public use Keep restrictions due to management operations to the Keep restrictions due to management operations to the
minimum necessaryminimum necessary
Progress on legislation and Progress on legislation and CodeCode
Act of Parliament Royal Assent - Feb 2003Act of Parliament Royal Assent - Feb 2003
Consultation on Draft Code - March – June 03Consultation on Draft Code - March – June 03
Ministers put Code to Parliament – June 04Ministers put Code to Parliament – June 04
Parliament approved Code – July 04Parliament approved Code – July 04
Commencement of Rights expected – Commencement of Rights expected –
approx. February 2005approx. February 2005
Outdoor access - awarenessOutdoor access - awareness
SNH’s Access SNH’s Access Education ProgrammeEducation Programme
““KNOW THE CODE”KNOW THE CODE”
Training & Advice programme Training & Advice programme
Mass media campaign Mass media campaign
Visual identity Visual identity
Access Website - a hub siteAccess Website - a hub site
Key messages to target audiencesKey messages to target audiences
ConclusionsConclusions
Wider political agenda: access, health, Wider political agenda: access, health, rural economy, social inclusion etcrural economy, social inclusion etc
Access – conditional on responsible useAccess – conditional on responsible use
Integration of land management and Integration of land management and accessaccess
Scotland providing an international lead on Scotland providing an international lead on access development, based on rights and access development, based on rights and matching responsibilitiesmatching responsibilities
Scottish outdoor accessScottish outdoor access …. into the future …. into the future
Thank youThank you
www.outdooraccess-scotland.comwww.outdooraccess-scotland.com
www.snh.org.ukwww.snh.org.uk
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