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

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

Outdoor access – why change?

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

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

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

Outdoor access

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

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

Outdoor access

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

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

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

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

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

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

Outdoor access - awareness

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

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

Scottish outdoor access …. into the future

Thank you