British Canoeing has been calling for new legislation to clarify and secure the right to paddle on waterways in England and Wales.
ACCESS ALL AREAS Of the 57,600km of rivers in England, we have a right of navigation on 2,000km – little more than 3%. As the campaign to open up our inland waterways heats up, we look at progress to date and the main players driving this change...
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arrowboaters may not have given the issue much thought. On canals and some larger rivers where a Statutory Right of Navigation exists, a waterway licence allows us to enjoy the space without challenge. Get off the connected system and onto the backwaters favoured by smaller craft, however, and the picture couldn’t be more different. “In England, if you’re by a river, on a river or in a river, there’s a 97% chance that you’re not allowed to be there,” says Nick Hayes, Right to Roam campaigner and author of one of this year’s most provocative reads, The Book of Trespass. “While the Crown is said to own the water that flows through a river, the landowner holds the rights to the riverbank, which extends across its bed towards an imaginary line drawn halfway through the watercourse. To kayak or swim along a stretch of river you must have permission from each and every one of the property owners on the banks.”
'Common highways' This is not the case in most European countries, he points out. And even in places like Australia and America, which are based on English common law, rivers are free to explore and enjoy as ‘common highways’, as the Founding Fathers put it. “In Scotland, following the Land Reform Act of 2003, the public right of access supersedes the private landowner’s right to exclude. Rivers are effectively treated as Rights of Way. This freedom doesn’t exist in England except on rivers which have had a very specific act of government to declare public right of navigation. Even here, however, lack of clear signage can sometimes make it impossible to know which rivers are accessible and which aren’t.” The contested nature of our waterways is felt most acutely by paddlers and swimmers. “Many of us run the gauntlet of being threatened, abused or worse, each time we venture out onto the water,” says Ben Seal, Places to Paddle manager at British Canoeing. As a consequence, over the last two years the organisation has significantly stepped up its efforts on access and
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environmental matters. Guided by the ambition to see ‘fair, shared, sustainable open access on water’, its Clear Access, Clear Waters campaign, backed by IWA, has made significant strides forward in presenting a case to Government and building a supportive coalition for change.
Coalitions In recent weeks, for example, British Canoeing has been working in partnership with the Ramblers and the British Mountaineering Council to affect new agricultural legislation passing through the Lords. In addition, the publication of Nick Hayes’ book this summer shone another spotlight on its campaign, presenting further opportunity to join the wider debate on access to the countryside generally. The issue is likely to get even more coverage over coming months with the Government’s move to criminalise trespassing (it is currently defined in law as a civil matter). This could make it possible to seize the property and vehicles of trespassers “who enter onto any land without permission of the occupier with the intention to reside”. While the changes are aimed at travellers who set up unauthorised caravan sites, could it apply to liveaboard boaters as well? asks Nick. “If I were caught on land I hadn’t asked for permission to moor on, would this law permit police to take my boat?”
'Great benefits' But at the heart of British Canoeing’s campaign is the belief our waterways can make a profound difference on day-to-day lives. “Fundamentally, the case for more people to be more active and connected with nature is already made,” argues Ben. “Not since the end of the Great Wars has our nation Winter 2020 22/10/2020 08:27
