Ref: LCO-086

Proposed Access to Inland Waterways Legislative Competence Order

Bethan Jenkins

Pre-ballot Information: Outline Proposed Legislative Competence Order

Outline of proposed Order

To make provisions about and in connection with public rights of access to inland waterways.

Pre-ballot Information: Explanatory Memorandum

Background

In Wales, an automatic right to access to inland waterways does not exist.  The legal situation differs from many other countries where access to inland waters is less restricted and permits are not always required by those involved in non powered water sports to use both inland rivers and lakes.

Users of inland waterways for recreation purpose in Wales have been encouraged to seek negotiations and create access agreements for privately owned water with land. Most of these agreements are outdated and considered restrictive, permitting access only on certain days of the year or for short sections of the river.  In Wales, 13 out of 300 rivers have an access agreement.  

Policy Objectives of the Proposed Order

The proposed Order will give the National Assembly legislative competence over access to inland waterways. The Countryside Rights of Way Act grants a right to roam to allow access to non agricultural land but excludes inland waterways.

The main pieces of legislation which deal with public rights of access are the Countryside Rights of Way Act, The Environmental Protection Act 1990 and The Environment Act 1995.

Support Received

Welsh Canoe Association; Llandysul Canoe Centre