News Release 740:
1 December 2000Walkers and wildlife win through new act
People will soon have the right to explore four million acres open countryside for the first time, through the Countryside and Rights of Way Act 2000 - which has now received Royal Assent.
Provisions will start to come into effect from February 2001 with the:
setting up of Local Access Forums
strengthening the protection of the most important wildlife and conservation sites;
promotion of diversity of species and habitats;
tougher action against wildlife crime;
improvements to the management of Areas of Outstanding Natural Beauty (AONBs);
putting forward solutions to help property owners who need to drive across registered common land to access their homes.
From April 2002, the modernisation of the rights of way system is likely to start with the introduction of plans for the network of footpaths, bridleways and other ways, and providing tough powers to deal with obstructions;
Environment Minister Michael Meacher said:
"This historic Act will give enormous pleasure to millions of people. It will give them the right, within the next few years, to enjoy huge areas of open countryside which have remained out of bounds for far too long.. It is the first major piece of countryside and wildlife legislation in almost 20 years. It strikes a fair balance between the needs of land owners and walkers. Walkers must behave responsibly and abide by common sense restrictions. Land can be closed areas for land management or safety reasons and to safeguard wildlife.
By introducing the first comprehensive rights of way improvement plans in England and Wales, and providing stronger powers to remove obstructions, we shall ensure that everyone has access to good quality footpaths, bridleways and other public rights of way."
We have sent a clear message that wildlife crime will not be tolerated, by introducing jail sentences of up to six months and fines of up to £5000 for many wildlife offences. The deliberate release of non-native and certain other species could result in prison sentences of up to two years. These measures come into effect on 1 February."
The right of access does not come into force straight away. Work first needs to be done by the Countryside Agency and the Countryside Council for Wales to ensure that people know where they may walk safely and understand the needs of farmers and other land users.
Notes to editors
Commencement
1. A number of the Act's provisions will come into force on 1 February 2001.
These include provisions:
- enabling access land to be mapped, and byelaws and other restrictions to be put in place;
- relating to the removal of obstructions and to driving on footpaths and bridleways;
- in Part III relating to nature conservation;
- enabling the establishment of local access forums; and
- relating to the registration of town and village greens;
- increasing penalties for wildlife offences, including the possibility of imprisonment.
2. All other provisions (including section 2(1) which grants the right of access over open countryside) will come into force on a day to be appointed by order made by the Secretary of State (for England) or the National Assembly for Wales. Different days may be appointed for different purposes and different areas. In most cases the commencement date will be appointed once the necessary orders and regulations needed to make the provision work have been made.
3. The Government's firm expectation is that the public will have the right to walk across mountain, moor, heath and down, and registered common land by no later than the end of 2005. This is one of DETR's published Public Service Agreement targets. The Countryside Agency, (in Wales, the Countryside Council for Wales) will prepare and consult on maps of open countryside and registered common land to which the new right of access will apply . In the case of mountainous land above 600 metres and registered common land, there is the possibility that the new right of access could be brought into effect ahead of the production of the statutory maps. The Government will be examining the feasibility of this option.
Countryside and Rights of Way Act 2000
Overview
The Countryside and Rights of Way Act 2000 will extend the public's ability to enjoy the countryside whilst also providing safeguards for landowners and occupiers. It will create a new statutory right of access and modernise the rights of way system as well as giving greater protection to Sites of Special Scientific Interest (SSSIs), providing better management arrangements for Areas of Outstanding Natural Beauty (AONBs) and strengthening wildlife enforcement legislation.
The Act is a balanced package of measures that will allow people to enjoy more of the countryside. It will help to conserve the rural environment, protect wildlife, and also ensure landowners can use the land to its best advantage.
What the Act does:
Part I: Access
The Act gives the public a new right of access to mountain, moor, heath, down and registered common land. It also recognises the needs of landowners and managers.
- the right will not extend to cycling, horseriding or driving a vehicle;
- landowners will be allowed to close land up to 28 days each year;
- there will not be access to gardens or parks or to cultivated land.
Part II: Rights of Way
The Act improves the rights of way legislation by encouraging the creation of new routes and clarifying uncertainties about what rights already exist.
local authorities will be required to review and publish plans for improving rights of way in their areas, taking into account the needs of the public including disabled people;
setting an end point, after 25 years, to the recording of certain rights of way on definitive maps;
Roads used as Public Paths (RUPPs) will be redesignated as a new category of way known as a Restricted Byway having public rights of way for non-motorised users;
a new right for landowners to apply to a council for orders diverting or extinguishing footpaths or bridleways and a right of appeal against refusals;
occupiers of land to be given a right to make temporary diversions to footpaths and bridleways located on their land where this is necessary in order to carry out certain types of works (to be specified in regulations) in cases where such works are likely to endanger the users of the right of way in question;
powers enabling diversion or closure of rights of way for crime prevention in designated areas, and for school security;
powers enabling diversions of rights of way to protect SSSIs;
individuals will be able to seek a court order requiring a local highway authority to remove an obstruction, and Magistrates' Courts will be able to require a person who has been convicted of wilfully obstructing a highway to remove the obstruction;
the offence of driving a motor vehicle on a footpath or bridleway or elsewhere than on a road is extended so that it applies to vehicles which may not be covered at present. The offence is also applied to restricted byways. Ways shown on a definitive map as footpaths, bridleways or restricted byways will be presumed to be so unless proved to the contrary; and
local authorities will be required to consider the needs of people with mobility problems when authorising the erection of new stiles and gates on footpaths or bridleways; and authorities will be able to enter into agreements with owners or occupiers of land to fund the replacement or adaptation of existing stiles and gates to make them safer or more convenient for people with mobility problems.
Vehicular Access Across Common Land
- The Act contains provisions relating to the grant of statutory easements for vehicular access over land (including common land) on which it is an offence to drive a vehicle. The Act enables the creation of a statutory easement where a person has used an access to property across land on which it is an offence to drive a vehicle, provided certain qualifying criteria are met. Regulations will deal with issues such as the criteria to be met in order to apply for an easement; the compensation to be paid by the property owner to the land owner; how the application for the easement must be made; the conditions to which the easement will be subject and dispute resolution procedures.
Part III: Nature Conservation and Wildlife Protection
Biological Diversity
The Act provides a statutory basis for biodiversity conservation until now undertaken as a matter of policy.
- A new duty on Government Departments and the National Assembly to have regard to biodiversity conservation and maintain lists of species and habitats for which conservation steps should be taken or promoted.
Sites of Special Scientific Interest
Improves the procedures associated with the notification, protection and management of SSSIs.
conservation agencies are given the power to refuse consent for damaging activities and to encourage positive management of the land;
a statutory duty for public bodies to further the conservation and enhancement of SSSIs;
increased penalties for damage to SSSIs by owners and occupiers and other parties.
Wildlife Protection
Will strengthen legal protection for threatened species and bring up to date Wildlife and Countryside Act 1981.
Makes certain offences 'arrestable' - this also means that stronger search and seizure powers are available to the police;
creates a new offence of reckless disturbance;
gives increased powers to the police and wildlife inspectors - they will have the power to enter premises to check species sales controls and can require tissue samples to be taken from wildlife species for DNA analysis;
enables Courts to impose heavier fines and prison sentences for virtually all wildlife offences.
Part IV: Areas of Outstanding Natural Beauty
The Act will improve the management of Areas of Outstanding Natural Beauty (AONBs) by the introduction of two new measures.
requiring local authorities in whose areas AONBs are contained to prepare and publish a management plan for each AONB.
allowing conservation boards to be created, by order, for individual AONBs where there is local support. Conservation boards would take over responsibility for the management plan and other aspects of the management of the AONB from the local authorities. There would be a mixture of members appointed from the local authorities and parishes, and also by the Secretary of State to represent conservation, land management and countryside recreation interests.
Part V Town and Village Greens.
- The Act clarifies the definition of town and village green contained in the Commons Registration Act 1965. It introduces the concept of neighbourhood and also provides that use of the land for lawful sports and pastimes must be by a significant number of people from the locality or neighbourhood.
Background Documents
Access - Public consultation paper Access to the Open Countryside in England and Wales published in February 1998. A statement of the Government's access proposals was published in March 1999 Access to the Countryside in England & Wales: The Government's Framework for Action.
Rights of Way Consultation document - Improving Rights of Way in England and Wales July 1999.
SSSIs - a consultation paper was issued in September 1998 SSSIs:Better Protection and Management, following responses the Government's Framework for Action was published in August 1999.
Wildlife -The Partnership for Action Against Wildlife Crime's recommendations for changes to strengthen wildlife law enforcement were published for consultation in March 1997. Ministers announced their support in press notices July (PN 286) and October (PN395) 1997.Note. Consultation documents can be viewed at - href="/wildlife-countryside/cl/index.htm
AONBs - Countryside Commission document CCP 532 Protecting our Finest Countryside: Advice to Government, July 1998.
The Act received Royal Assent on 30 November 2000. Copies of the Act are on sale from The Stationery Office 0870 6005522 or can be found on the internet at:
http://www.publications.parliament.uk
Media enquiries 020 7944 3041; Out of hours: 020 7944 5925 or 5945
Public Enquiries Unit 020 7944 3000
E-mail: press@defra.gsi.gov.uk
Web site http://www.dtlr.gov.uk/
Published 1 December 2000
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