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New access rights and responsibilities in Scotland

New access rights and responsibilities in Scotland. Bridget Dales Scottish Natural Heritage. A New Outdoor Access Scene for Scotland. Land Reform (Scotland) Act 2003 – Part One: Access Rights Scottish Outdoor Access Code Access Education Programme. Outdoor access – why change?.

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New access rights and responsibilities in Scotland

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  1. New access rights and responsibilities in Scotland Bridget Dales Scottish Natural Heritage

  2. A New Outdoor Access Scene for Scotland • Land Reform (Scotland) Act 2003 – Part One: Access Rights • Scottish Outdoor Access Code • Access Education Programme

  3. Outdoor access – why change?

  4. Background: Why Change? • Present law on access was very unclear • Mixed success of voluntary principle • Uplands good, lowlands poor (eg RoWs) • Shifts in public expectations • Minimal resources • Political commitment • Opportunity for a Scottish approach

  5. The result - a package • Legislation - new statutory right of responsible access to land – including inland waters. • Scottish Outdoor Access Code - guidance on responsibilities • Safeguards - for managers, privacy, conservation etc • New support measures - local authority duties and staff, local access forum, etc • Adequate resources

  6. Access Rights Wide ranging rights - • for recreation purposes - to walk, cycle, horseride, canoe, sail, etc. (non-motorised) • for educational activity • some semi-‘commercial’ users, eg. mountain guide • to cross land (& inland water)

  7. Outdoor access

  8. Outdoor access

  9. Access Rights Do not apply to: - fishing, hunting, shooting, - motorised vehicles, - people with dogs not under control Excludes some types of land, eg: - houses + gardens, buildings + curtilages, - crops (except field margins), - sports playing fields in use, - railways, airports, quarrying, - restrictions by exemption orders

  10. Access Responsibilities Users • to be lawful and reasonable, taking proper account of the interests of others, and of features of the land Land Managers • land management and actions to be reasonable, taking proper account of the interests of persons exercising access rights.

  11. Outdooraccess

  12. Supporting Measures • Local authority – Duties and Powers: eg. remove obstructions, manage paths, acquire land, path agreements and orders, exempt land, appoint staff • Local Access Forums • Core Paths networks • Scottish Outdoor Access Code

  13. Scottish Outdoor Access Code Status • Approved by Ministers and Parliament • evidential - in the event of disputes, has the guidance been disregarded ? Role • detailed reference & guidance point • interprets legislation • advises on everyday situations • start point for shorter codes - eg Woodland code?

  14. Content of Code:those exercising access • Take responsibility for own actions • Respect people’s privacy • Help Land Managers to work safely & effectively • Care for the environment • Keep dogs under proper control • Extra care by groups / businesses

  15. Content of Code: those managing access land • Respect access rights in managing your land & water • Act reasonably when asking people to avoid land management operations • Work with your local authority to integrate access and land management • Take account of access when managing adjacent land / water

  16. Content of Code: Forests and Woods Users: • Take care not to damage trees / wildlife • Take care re: management operations • Cyclists / horse riders – use paths / tracks • Dogs – under control, don’t disturb breeding birds Land managers: • Plan to manage level & nature of public use • Keep restrictions due to management operations to the minimum necessary

  17. Progress on legislation and Code • Act of Parliament Royal Assent - Feb 2003 • Consultation on Draft Code - March – June 03 • Ministers put Code to Parliament – June 04 • Parliament approved Code – July 04 • Commencement of Rights expected – approx. February 2005

  18. Outdoor access - awareness

  19. SNH’s Access Education Programme “KNOW THE CODE” • Training & Advice programme • Mass media campaign • Visual identity • Access Website - a hub site • Key messages to target audiences

  20. Conclusions • Wider political agenda: access, health, rural economy, social inclusion etc • Access – conditional on responsible use • Integration of land management and access • Scotland providing an international lead on access development, based on rights and matching responsibilities

  21. Scottish outdoor access …. into the future

  22. Thank you www.outdooraccess-scotland.com www.snh.org.uk

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