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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.
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.
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 challenged by legal experts commissioned by the Angling Trust. [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.
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.
The River Wye is the fourth-longest river in the UK, stretching some 250 kilometres from its source on Plynlimon in mid Wales to the Severn Estuary. The lower reaches of the river forms part of the border between England and Wales. The Wye Valley is designated an Area of Outstanding Natural Beauty. The Wye is important for nature conservation and recreation, but is affected by pollution.
The River Teme rises in Mid Wales, south of Newtown, and flows southeast roughly forming the border between England and Wales for several miles through Knighton before entering England in the vicinity of Bucknell and continuing east to Ludlow in Shropshire. From there, it flows to the north of Tenbury Wells on the Shropshire/Worcestershire border on its way to join the River Severn south of Worcester. The whole of the River Teme was designated as an SSSI by English Nature in 1996.
The River Dee is a river flowing through North Wales, and through Cheshire, England, in Great Britain. The length of the main section from Bala to Chester is 113 km and it is largely located in Wales. The stretch between Aldford and Chester is within England, and two other sections form the border between the two countries.
The freedom to roam, or everyone's right, every person's right or everyman's right, is the general public's right to access certain public or privately owned land, lakes, and rivers for recreation and exercise. The right is sometimes called the right of public access to the wilderness or the right to roam.
National parks of the United Kingdom are 15 areas of relatively undeveloped and scenic landscape across the country. Despite their name, they are quite different from national parks in many other countries, which are usually owned and managed by governments as protected community resources, and which do not usually include permanent human communities. In the United Kingdom, an area designated as a national park may include substantial settlements and human land uses that are often integral parts of the landscape. Land within national parks remains largely in private ownership. These parks are therefore not "national parks" according to the internationally accepted standard of the IUCN but they are areas of outstanding landscape where planning controls are a little more restrictive than elsewhere.
Common land is collective land in which all persons have certain common rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel.
The canals of the United Kingdom are a major part of the network of inland waterways in the United Kingdom. They have a varied history, from use for irrigation and transport, through becoming the focus of the Industrial Revolution, to today's role of recreational boating. Despite a period of abandonment, today the canal system in the United Kingdom is again increasing in use, with abandoned and derelict canals being reopened, and the construction of some new routes. Canals in England and Wales are maintained by navigation authorities. The biggest navigation authorities are the Canal & River Trust and the Environment Agency, but other canals are managed by companies, local authorities or charitable trusts.
The Countryside Code is a set of guidelines designed for use by both the public and land managers across England and Wales. It is titled as a guide for enjoying parks and waterways, coast and countryside. It was established in 2004 as a relaunch of The Country Code, which existed since the 1930s.
A body of water, such as a river, canal or lake, is navigable if it is deep, wide and calm enough for a water vessel to pass safely. Navigability is also referred to in the broader context of a body of water having sufficient under keel clearance for a vessel.
Trespass to land, also called trespass to realty or trespass to real property, or sometimes simply trespass, is a common law tort or a 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.
Paddle UK is a national governing body in the United Kingdom for canoeing, kayaking and other paddlesports such as standup paddleboarding. Established in 1936 as the British Canoe Union, it federalised in 2000 to become the umbrella organisation for the home nation associations in Scotland, Wales and Northern Ireland. In 2015 it took on the name British Canoeing and amalgamated the former British Canoe Union, Canoe England and GB Canoeing. In March 2024, British Canoeing changed their name to Paddle UK.
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 2,700 members including individual paddlers as well as affiliated club members. Full adult members of Canoe Wales are also by default Welsh members of Paddle UK.
Fish Legal, based at Leominster, Herefordshire, is a not-for-profit organisation of dedicated lawyers who use the law on behalf of anglers to fight polluters and others who damage or threaten the water environment. It was founded in 1948 by Patrick Shumack, Esq. as the Anglers Cooperative Association (ACA), but changed its name in 1994 to Anglers Conservation Association.
Walking is one of the most popular outdoor recreational activities in the United Kingdom, and within England and Wales there is a comprehensive network of rights of way that permits access to the countryside. Furthermore, access to much uncultivated and unenclosed land has opened up since the enactment of the Countryside and Rights of Way Act 2000. In Scotland the ancient tradition of universal access to land was formally codified under the Land Reform (Scotland) Act 2003. In Northern Ireland, however, there are few rights of way, or other access to land.
Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 and Prostitution (Scotland) Act 2007 which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scotland. Scots law is one of the few legal systems that require corroboration.
The Canal & River Trust (CRT), branded as Glandŵr Cymru in Wales, holds the guardianship of 2,000 miles of canals and rivers, together with reservoirs and a wide range of heritage buildings and structures, in England and Wales. Launched on 12 July 2012, the Trust took over the responsibilities of the state-owned British Waterways in England and Wales.
The Angling Trust, based at Leominster, Herefordshire, is an organisation formed from the merger of six angling authorities to form a single and more powerful non-profit organisation for the benefit of anglers. The body oversees the development of angling for three disciplines — coarse, sea, and game fishing. The Angling Trust was set up to promote anglers' rights, fish conservation, preservation of habitat and fish and angler welfare.
A right of way is a transportation corridor along which people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so. Rights-of-way in the physical sense include controlled-access highways, railroads, canals, hiking paths, bridle paths for horses, bicycle paths, the routes taken by high-voltage lines, utility tunnels, or simply the paved or unpaved local roads used by different types of traffic. The term highway is often used in legal contexts in the sense of "main way" to mean any public-use road or any public-use road or path. Some are restricted as to mode of use.
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