OPEN ACCESS TO THE COUNTRYSIDE - GOV DECISION ON PUBLIC PLACES LEGISLATION

Originally from: mona parr
                        
http://www.defra.gov.uk/news/2004/040617b.htm

Rural Affairs Minister Alun Michael today announced his decision not to make regulations to limit the circumstances in which open access land, as defined by the Countryside and Rights of Way Act, will qualify as a 'public place' under existing laws.

The decision is part of the programme to implement the new right of public access on foot to England's mountain, moor, heath, down and registered common land under the Act. It follows a three month consultation seeking views on the implications of access land being classified as a 'public place', which would make it subject to a wide range of other legislation.

If no regulations are made, then land to which access is given under the CRoW Act will be treated as a 'public place' and other legislation will apply. It is possible to make regulations at a later stage, but for now the Minister has concluded that regulations are not necessary and could cause confusion and difficulties for landowners and for the public.

Alun Michael said today:

"In reaching this decision I have sought a resolution based on common sense, which protects public safety and the environment without placing an unreasonable burden on owners and occupiers of affected land.

"The considerations are complex, and I am grateful for the constructive contribution made by groups including the Country Land and Business Association and the National Farmers' Union to the consultation process.

"My decision not to regulate is based on the best information available to us now, as well as anticipating the likely impact of the new access rights which come into effect in the first two regions later this year. Clearly if circumstances change, or new information becomes available which demonstrates a clearer need for regulations in future, we would take a view on whether it would be right to revise this decision."

Existing legislation which has come under particular scrutiny includes the Mines and Quarries Act 1954, the Firearms Act 1968, and the Dangerous Dogs Act 1991. Some landowners have raised concerns about the implications of allowing these Acts to apply to access land. The Minister has carefully considered these concerns but believes that, on balance, they are outweighed by the benefits for public safety of not regulating.

Defra will, however, produce guidance for landowners to explain how the various public place provisions in existing legislation relate to access land, and also plans to meet the authorities which have responsibility for enforcing these provisions to raise awareness of the issues that are important for landowners. An analysis of the responses to the consultation will be published on the Defra website shortly.

Notes for editors

1. The Government has a Public Service Agreement target to open up access to all mountain, moor, heath, down and registered common land in England, under the Countryside and Rights of Way Act 2000 ("the CRoW Act"), by the end of 2005. The new right of public access will be introduced on a region by region basis, with the first two regions in England, the South East and Lower North West, scheduled to open for public access in Summer 2004.

2. Section 42 of the CRoW Act gives the Government powers to introduce regulations to disregard the right of access in considering whether access land qualifies as a "public place" for the purposes of existing legislation. Making regulations can be used to prevent provisions in existing legislation that affect public places from applying to land which is only available for public access because of the CRoW Act. The effect of not making regulations is to allow these provisions to apply equally to all access land, whether or not it is already available for public access.

3. The Government consulted on whether to introduce regulations earlier this year. The consultation ran from 3 February to 23 April 2004. It related to England only. The National Assembly for Wales is consulting on and making separate regulations for Wales.

4. Further information on the access to open country provisions under the Countryside and Rights of Way Act 2000 can be found at: www.defra.gov.uk/wildlife-countryside/cl/accessopen.htm#public-places