Over the last 60 years there have been several pieces of legislation which should have, if the powers had been enacted appropriately, provided the opportunity or greater use of the routes to and along the inland waterways and coastal waters.
- 1949 National Parks Act
- 1968 Transport Act
- 1991 Utilities Act
- 1995 Environment Act
- 2000 CRoW Act
- 2009 Marine and Coastal Access Act 2009
With the introduction of the Countryside and Rights of Way Act 2000 (CROW) and the Marine and Coastal Access Act 2009 (MCAA), provision for recreational use of the countryside has changed significantly in the last 10 years.
Despite these welcome changes in primary legislation with provisions to use non-tidal waters, the situation is unchanged. Where rights are not recognised and disputed, Government STILL promotes a policy for Voluntary Access Agreements that has proved not to work nor meet the demand for access.
Not one mile of access has been gained under these Acts!
Marine and Coastal Access Act 2009
The Act sets out to provide better protection for the marine environment through the sustainable use of marine resources- seas, coasts and estuaries. The Act has created the Marine Management Organisation in England to manage and regulate England's marine environment to deliver the key actions set out by the Act. It will create a network of Marine Conservation Zones to protect some of the UK's most important marine species and habitats combined with a role in the management of inshore fisheries certain aspects of freshwater fisheries legislation.
The Act also makes provisions for Natural England to create a walking route around the coast of England with statutory rights to secure public access to areas of beach, cliff and other coastal land. Coastal Access will provide a greater certainty of access when landing or launching from the seaboard and more opportunities for participation in recreation. Progress can be tracked at:
http://www.naturalengland.org.uk/ourwork/access/coastalaccess/default.aspx
Other organisations have taken up the mantle of the access issue to and along waterways recommendations for a change were promoted to the Government by an independent Inquiry. The purpose was to look into the world of sport and leisure facilities in the UK, to take views from the public and from experts and come up with a range of recommendations designed to improve the provision of and access to our sport and leisure facilities.
The Facilities Inquiry
The Facilities Inquiry, an independent inquiry into the nation’s sport and recreation facilities, launched its report and recommendations 18th May 2010
http://www.sportandrecreation.org.uk/lobbying-and-campaigning/publications/facilities-inquiry-report
The recommendations of the panel:
7) Access to, and maintenance of, waterways must be improved.
At present access to the UK’s waterways is highly restricted, and maintenance is dramatically under-funded. Opening up high quality water and waterside recreation would hugely increase the facility stock.
7. Waterways (Pg 16)
At present access to the UK Waterways is highly restricted and maintenance is underfunded. Opening up high quality water and waterside recreation would hugely increase the facility stock. Over 90% of the population live within 2 miles of a waterway and so could easily be able to access water facilities if restrictions were removed.
also see Page 51 Comments on access and the EA access policy!
A year later the Sport and Recreational Alliance. (http://www.sportandrecreation.org.uk/ ) through the Red Card to Red Tape Inquiry
The 22nd March saw the launch of a Sport and Recreation Alliance Review.- Red Card to Red Tape – How sports clubs want to break free from bureaucracy, a report into the regulatory burden on sport and recreation clubs. The Review was commissioned by the Minister for Sport and the Olympics, Hugh Robertson MP, to feed into the Government’s wider review of regulation being conducted by the Cabinet Office. Part of the review covered access to inland waters.
The review recommends that
“DEFRA should consider ways of moving towards a system where there is a general statutory right of access to inland water for recreational purposes. If greater sustainable access is given to our waterways participation levels of water recreation will undoubtedly increase as over 90% of the population live within two miles of a waterway and will therefore be able to reach waterways easily. Any system should be founded in the context of user groups sharing space and adopting Best of Both Worlds principles, respecting needs of land managers and underpinned by good environmental practice”
This is the rights and responsibilities for all owners and users as per the Scottish Outdoor Access Code that we have been asking for...
http://www.sportandrecreation.org.uk/news/22-03-2011/red-card-red-tape-launched