SC(3) - AIW42

Sustainability Committee

Inquiry into access to inland water in Wales

Questions for the access to inland waterways inquiry

What is your interest in the issue of access to inland waterways?

I am a recreational user.

Are you a member oLandf an organisation related to your use of water?

Yes I belong to the British Canoe Union, Mainstream Christians in Canoeing and the YHA

Which stretch/es of water do you own/use/manage?

I use various Rivers and waterways in South and North Wales. These have so far included the Wye, the Usk, the Brecon canal the Llangollen Canal the River Dee and the Tryweryn.

Legal rights

Are you happy that your legal rights are clear and well defined?

Not really.

Can you briefly outline your understanding of your legal rights over the stretch ofwater/s that you own/use/manage?

Since ancient times all rivers which arenavigable have been rights of way, this was enshrined in law by the Romans and later in the Magna Carta. In the 18th century legislation to control angling rights was introduced and many fishing interests and some landowners believe this legislation modified the law for all river use. This makes what should be a very clear rightsomewhat unclear in many people's minds

Would you like to see any changes to your legal rights?

Yes

If yes, what changes would you like to see?

The legal right to navigate made clear. There should be a provision for negotiated non access to some waters at certain times of year in excetional circumstances.

Are you aware of any legislation that existis in other countries that could be used in Wales?

It is my understanding that apart from England all other countries operate in this way so looking at the access legislation in any of our european naighbours or in North Americal should be helpful.

Voluntary agreements

Do you have any experience of voluntary agreements for access to the stretch of water/s you own/use/manage

I do not think any agreements really exist anymore. Sometimes landowners or Angling clubs agree that they will not contest access to certain waters at certain times or when in spate.

Would you like to see any changes to the voluntary agreements?

Yes

If yes, what changes would you like to see?

The emphasis needs to be on the very rare situations where navigation is not possible for environmental reasons. A method of making such agreements not to navigate know will be needed.

Are you aware of any voluntary arrangements in other countries that could be used in Wales?

No other country apart from England has access agreements.

Please can you briefly outline what you think are the key issues for recreational access to inland water in Wales and how you would like to see them addressed.

It is normally impossible to negotiate old style access agreements so they are no longer being asked for. The problems were two fold. First asking for an access agreement suggests that a right of navigation does not automatically exist where in fact as far as is know it does. Second active agreement is required from all riparian owners for old style access agreements and in practice it is often not even possible to find out who needs to be approached. The old Access agreements which are needed going forward are either agreements not to paddle in a few Sites of Special Scientific Interest and similar places or agreements to use private land to access rivers where suitable access from existing public land or rights of way does not exist.

Chris Clarke-Williams