Implications of the new Implications of the new Access Legislation - PowerPoint PPT Presentation

Implications of the new Implications of the new Access Legislation Access Legislation Land Reform (Scotland) Act 2003 Land Reform (Scotland) Act 2003 � � Scottish Outdoor Access Code Scottish Outdoor Access Code � � Responsibilities Responsibilities Summary of Access Rights – – a quick a quick Summary of Access Rights � � revision revision

Outdoor access – – why why Outdoor access change? change? Present law on access was unclear � Present law on access was unclear � Mixed success of voluntary principle � Mixed success of voluntary principle � Uplands good, lowlands poor � Uplands good, lowlands poor � Public expectations changed � Public expectations changed � Unplanned & unmanaged � Unplanned & unmanaged � Minimal resources � Minimal resources �

Responsible outdoor access Responsible outdoor access – on foot on foot –

Responsible outdoor access Responsible outdoor access – on pedal bike on pedal bike –

Responsible outdoor access Responsible outdoor access – on horseback on horseback –

Responsible outdoor access Responsible outdoor access – on inland water on inland water –

Responsible outdoor access Responsible outdoor access - under water under water -

Responsible outdoor access Responsible outdoor access - under ground under ground -

Responsible outdoor access Responsible outdoor access - above ground above ground -

Access Rights Access Rights Wide ranging rights Wide ranging rights recreation - - walk, cycle, walk, cycle, horseride horseride, etc. , etc. recreation � � to cross land to cross land � � relevant education activity, eg eg. survey . survey relevant education activity, � � commercial purposes, eg eg. mountain . mountain commercial purposes, � � guide guide

Access Rights Access Rights Excludes some types of activities, eg eg. . Excludes some types of activities, motorised vehicles, hunting, shooting, vehicles, hunting, shooting, motorised � � fishing, people with dogs not under fishing, people with dogs not under control control Excludes some types of land, eg eg. . Excludes some types of land, houses and gardens, buildings and houses and gardens, buildings and � � curtilages, crops (except field margins), , crops (except field margins), curtilages sports playing fields in use, railway, sports playing fields in use, railway, airport, quarrying, restrictions by airport, quarrying, restrictions by exemption orders exemption orders

Scottish Outdoor Access Scottish Outdoor Access Code - - logo logo Code

Content of Code Content of Code Issues Issues Peace and privacy Peace and privacy � � Farmyards Farmyards � � land management work land management work � � Obstructions Obstructions � � Dogs Dogs � � Fields and Crops Fields and Crops � � Group access to the countryside Group access to the countryside � � responsibility for actions responsibility for actions � �

Liability and the Code Liability and the Code Occupiers’ Liability (Scotland) Act 1960 Occupiers’ Liability (Scotland) Act 1960 � � Extent of duty of care unaffected by the Extent of duty of care unaffected by the � � Act Act “Willingly accepted risks” “Willingly accepted risks” � � “take responsibility for your own actions” “take responsibility for your own actions” � � Recent court cases offer comfort Recent court cases offer comfort � � Effective management will reduce levels Effective management will reduce levels � � of risk of risk

Scottish Outdoor Access Code Scottish Outdoor Access Code Principles: Principles: Respect the interests of other people � Respect the interests of other people � Care for the environment � Care for the environment � Take responsibility for your own actions � Take responsibility for your own actions �

Where to go? Where to go? � Alice asks the Cheshire Cat: 'Would you Alice asks the Cheshire Cat: 'Would you � tell me, Please which way I ought to go tell me, Please which way I ought to go from here ?' from here ?' � 'That depends a good deal on where you 'That depends a good deal on where you � want to get to', said the Cat. want to get to', said the Cat. � 'I don't much care where 'I don't much care where— —' said Alice. ' said Alice. � � 'Then it doesn't matter which way you 'Then it doesn't matter which way you � go', said the Cat. go', said the Cat. � ' '— —so long as I get somewhere', Alice so long as I get somewhere', Alice � added as an explanation. added as an explanation. � 'Oh, you're sure to do that,' said the Cat, 'Oh, you're sure to do that,' said the Cat, � 'if you only walk long enough.' 'if you only walk long enough.'

www:ayrshirepaths ayrshirepaths.org. .org.uk uk www:

Largs Largs Paths & Cycle Routes Paths & Cycle Routes

Irvine New Town Trails Irvine New Town Trails

Ayrshire Coast Cycle Routes Ayrshire Coast Cycle Routes

The River Ayr Path Network Sorn Mauchline Muirkirk Catrine Smaller path networks will be created around the local communit along the route

Sustrans Route 73 Route 73 Sustrans

Inverclyde Inverclyde

Ballantrae Beach A Site of Special Scientific Interest Please help to protect the wildlife

Know the Code before you Know the Code before you go go

Fields of Growing Crops Fields of Growing Crops No, Except….

Fields of Grass, Hay and Fields of Grass, Hay and Silage Silage Yes, Except……

Fields which are being Fields which are being ploughed or where crops are ploughed or where crops are being harvested being harvested Yes But……

Fields with Farm Animals Fields with Farm Animals Yes, But……

Fields with Young Animals Fields with Young Animals Present Present Yes, But……

Forests and Woods Forests and Woods Yes, But……

Forests and Woods with Forests and Woods with Ongoing Forest Operations Ongoing Forest Operations Yes, But……

Wild camping Wild camping Yes, But……

Nature Reserves Nature Reserves Yes

Coasts & Beaches Coasts & Beaches Yes

Riverbanks and Loch Shores Riverbanks and Loch Shores Yes, Except……

Farmyards Farmyards No, Except……

Houses & Gardens Houses & Gardens No

Picking Wild Berries and Picking Wild Berries and Mushrooms Mushrooms Yes, But……

Golf Courses Golf Courses No, Except……

Implications of the new Implications of the new legislation? legislation? Social Inclusion Social Inclusion Health Health Tourism Tourism Economic Economic