Land Reform
Bill Apr 2003 Update
The
Land Reform (Scotland) Bill has now been passed and received royal
assent, so will be know as the Land
Reform (Scotland) Act. The SCA along with various other organisation
representing outdoor activities has been actively involved in
lobbying on behalf og paddlers during the passage of the act.
As a result the version of the Act which was passed is very good
news for paddlers and much better than the draft bill orginally
presented to the parliament.
The
Act won't come into force until the consultation on the Scottish
Outdoor Access Code is complete and the Code is approved which
is likely to be mid-2004. Consultation on the draft Code closed
at the end of June 2003.
The
Act gives a right of responsible access to most types of land,
and places duties on land managers to allow this.
-
The
right of access will allow for commercial activity
by those who provide a "service that enables or assists
other persons to exercise that right for recreational purposes"
and allows a person undertaking commercial activity to fall
within the right as long as they could exercise those rights
within the scope of recreational activity as well.
-
A
change in principle has meant that the words "confer"
and "create" a right of access have been
changed to "secure" a right of access. This
has come about in recognition of existing customary rights
and traditions which the Bill confirms. There is a tension
however between trying to ensure that existing custom is not
undermined and fully incorporated into the Bill, and creating
law which is robust enough to stand up to any challenges to
the basis that the legislation is founded upon.
-
The
Executive powers to modify the Bill have been voted
out.
-
Land
owned privately by the Queen e.g Balmoral will be included
in the access rights.
-
Access
is excluded around the curtilage of houses or places
subject to reasonable measures of privacy - quite controversial
still.
-
Also
controversial is the remaining exclusion of cropped land
from access rights.
-
Land
excluded from access because it has been set out for a particular
purpose does not include fishing beats - good news
for the paddling fraternity!
-
Scottish
Natural Heritage's duty to promote compliance with
the Access Code has been changed to promoting understanding
of it.
