Rivers Access Campaign

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The Rivers Access Campaign is an ongoing initiative by the British Canoe Union (BCU) to open up the inland waterways of England and Wales to the public. Under current English and Welsh law, public access to rivers is restricted, and only 2% of all rivers in England and Wales have public access rights.

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Current access situation

There are 4,540 kilometres (2,820 mi) of inland river and canal in England and Wales with navigation rights, and over 65,000 kilometres (40,400 mi) of inland rivers with no access. [1]

England and Wales are unusual [2] 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" specifically to areas of open land comprising:

In England and Wales there is no blanket right of access to non-agricultural land, unlike Scotland, where the Scottish Parliament passed the 2003 Land Reform (Scotland) Act granting 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 (505 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, only 13 of which have any form of legal access agreement. [3]

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 ownership of the lands include stream bed ownership. Under common law, the presence of water does not provide a right to use the space occupied by, or immediately above the water. This is a civil offence [ citation needed ], 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 anglers.

It has been suggested that a "common-law" right of navigation exists on any navigable water in England and Wales: [4] however, this has been refuted by legal experts. [5]

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.

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British Waterways, often shortened to BW, was a statutory corporation wholly owned by the government of the United Kingdom. It served as the navigation authority for the majority of canals and a number of rivers and docks in England, Scotland and Wales.

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Navigability body of water, such as a river, canal or lake, is navigable if it is deep, wide and slow enough for a vessel to pass or walk

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Trespass to land is a common law tort or crime that is committed when an individual or the object of an individual intentionally enters the land of another without a lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done. In some jurisdictions, this rule may also apply to entry upon public land having restricted access. A court may order payment of damages or an injunction to remedy the tort.

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Canoe Wales is the national governing body for paddlesport in Wales. It covers all branches of the sport from recreational canoeing, kayaking, stand up paddleboarding and rafting to whitewater racing, slalom racing and wildwater racing; flatwater sprint racing and marathon racing; canoe sailing; canoe polo; surf kayaking and canoeing; and extreme racing. The organisation has over 1,800 individual members and a further 2,000 members through affiliated clubs and centres. Members of Canoe Wales are also by default members of British Canoeing.

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Scottish criminal law

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Right of way Legal right to pass through land belonging to another

Right of way is "the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another", or "a path or thoroughfare subject to such a right". A similar right of access also exists on land held by a government, lands that are typically called public land, state land, or Crown land. When one person owns a piece of land that is bordered on all sides by lands owned by others, an easement may exist, or be created so as to initiate a right of way through the bordering land.

Canal & River Trust charitable trust that looks after the waterways of England and Wales

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Scottish Canals

Scottish Canals is the public corporation of the Scottish Government responsible for managing the country's inland waterways. Formerly a division of British Waterways, it became a stand-alone public body of the Scottish Government on 2 July 2012. Legally, the corporation is still referred to as the British Waterways Board, but in all other aspects it uses the brand Scottish Canals and intends to steadily roll out this brand over the network.

The Scottish Outdoor Access Code provides detailed guidance on the exercise of the ancient tradition of universal access to land in Scotland, which was formally codified by the Land Reform (Scotland) Act 2003. Under Scots law everyone has the right to be on most land and inland water for recreation, education and going from place to place providing they act responsibly. The basis of access rights in Scotland is one of shared responsibilities, in that those exercising such rights have to act responsibly, whilst landowners and managers have a reciprocal responsibility to respect the interests of those who exercise their rights. The code provides detailed guidance on these responsibilities.

References

  1. "Water-Based Sports and Recreation: The Facts" (PDF). University of Brighton School of the Environment. Archived from the original (PDF) on 10 October 2006. Retrieved 9 November 2006.
  2. "Access in Europe & Rest of the World". Rivers Access Campaign. Archived from the original on 20 July 2011.
  3. Ashley Charlwood, Access Development Officer. "WCA Position Statement on Access to Inland Waters". Welsh Canoeing Association. Archived from the original on 7 May 2006.
  4. The Common Law and the Right of Navigation. Rev’d Douglas Caffyn. Presented to the Sustainability Committee, National Assembly for Wales.
    "Summary.
    1. There was a public right of navigation on all rivers prior to 1750.
    2. This right still exists..."
  5. "QC's legal advice proves there is no general public right of way to navigate non-tidal rivers in England and Wales". The Angling Trust . 24 January 2017.