New access rights and responsibilities in Scotland

Bridget DalesBridget Dales

Scottish Natural HeritageScottish Natural Heritage

A New Outdoor Access A New Outdoor Access Scene for ScotlandScene for Scotland

Land Reform (Scotland) Act 2003 – Part Land Reform (Scotland) Act 2003 – Part One: Access RightsOne: Access Rights

Scottish Outdoor Access Code Scottish Outdoor Access Code

Access Education ProgrammeAccess Education Programme

Outdoor access – why Outdoor access – why change?change?

Background: Why Change?Background: Why Change?

Present law on access was very unclearPresent law on access was very unclear

Mixed success of voluntary principleMixed success of voluntary principle

Uplands good, lowlands poor (eg RoWs)Uplands good, lowlands poor (eg RoWs)

Shifts in public expectationsShifts in public expectations

Minimal resourcesMinimal resources

Political commitmentPolitical commitment

Opportunity for a Scottish approachOpportunity for a Scottish approach

The result - a packageThe result - a package

LegislationLegislation - new statutory right of - new statutory right of responsible access to land responsible access to land

– – including inland waters.including inland waters. Scottish Outdoor Access CodeScottish Outdoor Access Code - guidance on - guidance on

responsibilitiesresponsibilities SafeguardsSafeguards - for managers, privacy, - for managers, privacy,

conservation etcconservation etc New support measuresNew support measures - local authority - local authority

duties and staff, local access forum, etcduties and staff, local access forum, etc Adequate Adequate resourcesresources

Access RightsAccess Rights

Wide ranging rights -Wide ranging rights -

for recreation purposes - to walk, cycle, horseride, for recreation purposes - to walk, cycle, horseride, canoe, sail, etc. (non-motorised)canoe, sail, etc. (non-motorised)

for educational activityfor educational activity

some semi-‘commercial’ users, eg. mountain guidesome semi-‘commercial’ users, eg. mountain guide

to cross land (& inland water)to cross land (& inland water)

Outdoor accessOutdoor access

Outdoor accessOutdoor access

Access RightsAccess RightsDo not apply to:Do not apply to:

- fishing, hunting, shooting, - fishing, hunting, shooting, - motorised vehicles, - motorised vehicles, - people with dogs not under control - people with dogs not under control

Excludes some types of land, eg:Excludes some types of land, eg:

- houses + gardens, buildings + curtilages, - houses + gardens, buildings + curtilages, - crops (except field margins), - crops (except field margins), - sports playing fields in use, - sports playing fields in use, - railways, airports, - railways, airports, quarrying, - quarrying, - restrictions by exemption orders restrictions by exemption orders

Access ResponsibilitiesAccess Responsibilities

UsersUsers to be lawful and reasonable, taking to be lawful and reasonable, taking

proper account of the interests of proper account of the interests of others, and of features of the landothers, and of features of the land

Land ManagersLand Managers land management and actions to be land management and actions to be

reasonable, taking proper account of reasonable, taking proper account of the interests of persons exercising the interests of persons exercising access rights.access rights.

OutdoorOutdooraccessaccess

Supporting MeasuresSupporting Measures

• Local authority – Duties and Powers:Local authority – Duties and Powers:

eg. remove obstructions, manage paths, eg. remove obstructions, manage paths, acquire land, path agreements and acquire land, path agreements and orders, exempt land, appoint stafforders, exempt land, appoint staff

Local Access ForumsLocal Access Forums

Core Paths networksCore Paths networks

Scottish Outdoor Access CodeScottish Outdoor Access Code

Scottish Outdoor Access CodeScottish Outdoor Access Code

StatusStatus Approved by Ministers and ParliamentApproved by Ministers and Parliament evidential - in the event of disputes, has the evidential - in the event of disputes, has the

guidance been disregarded ?guidance been disregarded ?

RoleRole detailed reference & guidance pointdetailed reference & guidance point interprets legislationinterprets legislation advises on everyday situations advises on everyday situations start point for shorter codes - eg Woodland code?start point for shorter codes - eg Woodland code?

Content of Code:Content of Code:those exercising accessthose exercising access

Take responsibility for own actionsTake responsibility for own actions

Respect people’s privacyRespect people’s privacy

Help Land Managers to work safely & Help Land Managers to work safely & effectivelyeffectively

Care for the environmentCare for the environment

Keep dogs under proper controlKeep dogs under proper control

Extra care by groups / businessesExtra care by groups / businesses

Content of Code: Content of Code: those managing access landthose managing access land

• Respect access rights in managing your land & Respect access rights in managing your land & waterwater

• Act reasonably when asking people to avoid Act reasonably when asking people to avoid land management operationsland management operations

• Work with your local authority to integrate Work with your local authority to integrate access and land managementaccess and land management

• Take account of access when managing Take account of access when managing adjacent land / wateradjacent land / water

Content of Code: Content of Code: Forests and WoodsForests and Woods

Users:Users: Take care not to damage trees / wildlifeTake care not to damage trees / wildlife Take care re: management operationsTake care re: management operations Cyclists / horse riders – use paths / tracksCyclists / horse riders – use paths / tracks Dogs – under control, don’t disturb breeding birdsDogs – under control, don’t disturb breeding birds

Land managers:Land managers: Plan to manage level & nature of public usePlan to manage level & nature of public use Keep restrictions due to management operations to the Keep restrictions due to management operations to the

minimum necessaryminimum necessary

Progress on legislation and Progress on legislation and CodeCode

Act of Parliament Royal Assent - Feb 2003Act of Parliament Royal Assent - Feb 2003

Consultation on Draft Code - March – June 03Consultation on Draft Code - March – June 03

Ministers put Code to Parliament – June 04Ministers put Code to Parliament – June 04

Parliament approved Code – July 04Parliament approved Code – July 04

Commencement of Rights expected – Commencement of Rights expected –

approx. February 2005approx. February 2005

Outdoor access - awarenessOutdoor access - awareness

SNH’s Access SNH’s Access Education ProgrammeEducation Programme

““KNOW THE CODE”KNOW THE CODE”

Training & Advice programme Training & Advice programme

Mass media campaign Mass media campaign

Visual identity Visual identity

Access Website - a hub siteAccess Website - a hub site

Key messages to target audiencesKey messages to target audiences

ConclusionsConclusions

Wider political agenda: access, health, Wider political agenda: access, health, rural economy, social inclusion etcrural economy, social inclusion etc

Access – conditional on responsible useAccess – conditional on responsible use

Integration of land management and Integration of land management and accessaccess

Scotland providing an international lead on Scotland providing an international lead on access development, based on rights and access development, based on rights and matching responsibilitiesmatching responsibilities

Scottish outdoor accessScottish outdoor access …. into the future …. into the future

Thank youThank you

www.outdooraccess-scotland.comwww.outdooraccess-scotland.com

www.snh.org.ukwww.snh.org.uk