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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 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.
A trail is usually a path, track or unpaved lane or road. In the United Kingdom and the Republic of Ireland path or footpath is the preferred term for a walking trail. The term is also applied, in North America, to routes along rivers, and sometimes to highways. In the US, the term was historically used for a route into or through wild territory used by emigrants. In the USA "trace" is a synonym for trail, as in Natchez Trace. Some trails are single use and can only be used for walking, cycling, horse riding, snowshoeing, and cross-country skiing; others, as in the case of a bridleway in the UK, are multi-use, and can be used by walkers, cyclists and equestrians. There are also unpaved trails used by dirt bikes and other off-road vehicles and in some places, like the Alps, trails are used for moving cattle and other livestock.
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 Stour is a river in East Anglia, England. It is 47 miles (76 km) long and forms most of the county boundary between Suffolk to the north, and Essex to the south. It rises in eastern Cambridgeshire, passes to the east of Haverhill, through Cavendish, Bures, Sudbury, Nayland, Stratford St Mary, Dedham and flows through the Dedham Vale Area of Outstanding Natural Beauty. It becomes tidal just before Manningtree in Essex and joins the North Sea at Harwich.
The River Wye is the fifth-longest river in the UK, stretching some 215 kilometres from its source on Plynlimon in mid Wales to the Severn estuary. For much of its length the river forms part of the border between England and Wales. The Wye Valley is an Area of Outstanding Natural Beauty. The Wye is important for nature conservation and recreation.
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 becoming fully English in the vicinity of Bucknell and continuing east to Ludlow in Shropshire, then to the north of Tenbury Wells on the Shropshire/Worcestershire border there, 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 freedom to roam, 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".
Common land is land owned collectively by a number of persons, or by one person, but over which other people have certain traditional rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel.
A 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. Preferably there are few obstructions such as rocks or trees to avoid. Bridges must have sufficient clearance. High water speed may make a channel unnavigable. Waters may be unnavigable because of ice, particularly in winter. Navigability depends on context: a small river may be navigable by smaller craft, such as a motorboat or a kayak, but unnavigable by a cruise ship. Shallow rivers may be made navigable by the installation of locks that increase and regulate water depth, or by dredging.
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.
British Canoeing, formerly known as the British Canoe Union (BCU) is a national governing body for canoeing in the United Kingdom. Established in 1936 as the British Canoe Union, in 2000 it federalised 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 BCU, Canoe England and GB Canoeing.
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.
Fish Legal based at Leominster, Herefordshire, is a membership association that uses the law to protect fish stocks and the rights of its members throughout the UK. It was founded in 1948 by Mr 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. However, there are few rights of way, or other access to land in Northern Ireland.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". It is similar to real covenants and equitable servitudes; in the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.
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.
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 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.
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.