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

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

Mar 27, 2024 108 likes •534 views

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

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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

Summary of Access Rights – – a quick a quick revision revision

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Outdoor access Outdoor access – – why why 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

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Responsible outdoor access Responsible outdoor access – – on foot

  • n foot
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Responsible outdoor access Responsible outdoor access – – on pedal bike

  • n pedal bike
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Responsible outdoor access Responsible outdoor access – – on horseback

  • n horseback
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Responsible outdoor access Responsible outdoor access – – on inland water

  • n inland water
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Responsible outdoor access Responsible outdoor access

  • under water

under water

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Responsible outdoor access Responsible outdoor access

  • under ground

under ground

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Responsible outdoor access Responsible outdoor access

  • above ground

above ground

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Access Rights Access Rights

Wide ranging rights Wide ranging rights

  • recreation

recreation -

  • walk, cycle,

walk, cycle, horseride horseride, etc. , etc.

  • to cross land

to cross land

  • relevant education activity,

relevant education activity, eg

  • eg. survey

. survey

  • commercial purposes,

commercial purposes, eg

  • eg. mountain

. mountain guide guide

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Access Rights Access Rights

Excludes some types of activities, Excludes some types of activities, eg eg. .

  • motorised

motorised vehicles, hunting, shooting, vehicles, hunting, shooting, fishing, people with dogs not under fishing, people with dogs not under control control Excludes some types of land, Excludes some types of land, eg eg. .

  • houses and gardens, buildings and

houses and gardens, buildings and curtilages curtilages, crops (except field margins), , crops (except field margins), sports playing fields in use, railway, sports playing fields in use, railway, airport, quarrying, restrictions by airport, quarrying, restrictions by exemption orders exemption orders

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Scottish Outdoor Access Scottish Outdoor Access Code Code -

  • logo

logo

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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

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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

  • f risk
  • f risk
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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

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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.'

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

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Largs Largs Paths & Cycle Routes Paths & Cycle Routes

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Irvine New Town Trails Irvine New Town Trails

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Ayrshire Coast Cycle Routes Ayrshire Coast Cycle Routes

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The River Ayr Path Network

Mauchline Catrine Sorn Muirkirk Smaller path networks will be created around the local communit along the route

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Sustrans Sustrans Route 73 Route 73

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Inverclyde Inverclyde

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Ballantrae Beach A Site of Special Scientific Interest

Please help to protect the wildlife

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

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Fields of Growing Crops Fields of Growing Crops

No,

Except….

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Fields of Grass, Hay and Fields of Grass, Hay and Silage Silage

Yes,

Except……

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Fields which are being Fields which are being ploughed or where crops are ploughed or where crops are being harvested being harvested

Yes

But……

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Fields with Farm Animals Fields with Farm Animals

Yes,

But……

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Fields with Young Animals Fields with Young Animals Present Present

Yes,

But……

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Forests and Woods Forests and Woods

Yes,

But……

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Forests and Woods with Forests and Woods with Ongoing Forest Operations Ongoing Forest Operations

Yes,

But……

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Wild camping Wild camping

Yes,

But……

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Nature Reserves Nature Reserves

Yes

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Coasts & Beaches Coasts & Beaches

Yes

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Riverbanks and Loch Shores Riverbanks and Loch Shores

Yes,

Except……

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Farmyards Farmyards

No,

Except……

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Houses & Gardens Houses & Gardens

No

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Picking Wild Berries and Picking Wild Berries and Mushrooms Mushrooms

Yes,

But……

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Golf Courses Golf Courses

No,

Except……

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Implications of the new Implications of the new legislation? legislation?

Social Inclusion Social Inclusion Health Health Tourism Tourism Economic Economic