Access to water

Access Policy

The use of the word "access" includes not only access to and along linear waterways but also access to specific water sites and appropriate supporting facilities. The BCU/Canoe Wales will encourage the provision and improvement of access for canoeing in all its forms.

Canoe Wales will promote these access and facilities policies in ways compatible with the conservation of the environment and wildlife. Canoe Wales wishes to see the maximum practicable enjoyment by the public of the aquatic environment sustained by natural regeneration and management regimes.

The Legal Situation

Many inland waters in this country, especially the smaller and upland rivers, are privately owned and to canoe on them without permission constitutes an act of trespass. When there is no public launching point it is necessary to get permission to cross private land to access water from the public highway. The following notes apply to England and Wales; the differences in Scotland are outlined below.

So Where can I Paddle?

In nearly all cases you can paddle legally on tidal waters, though you may need to pay harbour dues; you can paddle on common law navigations such as the Wye below Hay on Wye and the Severn below Pool Quay near Welshpool, though a licence is needed below Stourport. You can paddle on the many statutory navigations, such as the Thames, and on some private waterways, such as the British Waterways canals, provided that you buy the necessary licence. The majority of licences needed are included within the BCU / Canoe Wales licence, which all members receive as one of the membership benefits paid from their subscriptions.

How Do I find Out?

Before planning to go paddling it is important to contact Canoe Wales/BCU Local Access Officer.

Trespass (Under Civil Law)

If you are canoeing privately-owned water without permission, then you are trespassing. Trespass is a civil offence and the defendant would appear in a magistrates court. Damages can be awarded against the trespasser (ie a fine), or an injunction can be issued to prevent repetition of trespass or to restrain threatened trespass. It is not a police matter unless a criminal offence is committed; this would only be thecase if wilful or malicious damage was done, there was a conspiracy to commit trespass, there was behaviour likely to cause a breach of the peace or it was a case of aggravated trespass.

If you are challenged, be courteous and polite whatever the situation. Avoid anything that could be interpreted as a breach of the peace or conspiracy to trespass (ie criminal offences). If you are challenged by an authorised official you can be obliged to give your name and address. If you are accused of trespass and genuinely believe you are exercising a public right of navigation or are paddling within the terms of an access agreement, you should say so and refuse to admit trespass. There is no case if you can prove that you are within your rights or have permission.

Where you have a legal right, the law requires you to exercise the right reasonably with due consideration for others.

Aggravated Trespass

The Criminal Justice Act 1994 introduced the new criminal offence of aggravated trespass. This should not be confused with ordinary trespass, which is a civil offence. To commit aggravated trespass you must first be trespassing; whilst trespassing you must also have the intention of obstructing or disrupting a lawful activity (such as hunting, shooting or fishing) or intimidating those engaged in such lawful activities. Canoeists should not fall foul of this law if they canoe in a peaceful and considerate manner.

The Future

The help of members is needed to achieve the longer term objective of securing a change in the law to give canoeists an equitable share of the scarce and finite waterway resources. Members can help by making sure that their own MP, local councillor and local press radio and TV are aware of the very difficult situation faced by canoeists. The changes we need will not come about until the public understands our problems and supports our aims; this is the pressure that will encourage our legislators to cast their votes in favour of canoeing.

Please help to keep up the good name of canoeing by staying within the law and paddling in a reasonable manner with due consideration for others.

Access in Scotland

The access situation in Scotland is different to that in Wales. There are three different situations from a canoeist's point of view.

1. Tidal rivers and estuaries. Right of navigation belongs to the Crown and may be exercised as a public right below the high water mark.

2. Navigable rivers where a public right of navigation has existed for over 40 years. The right of navigation is superior to all other rights but should not be exercised as a nuisance to other water users.

3. Inland lochs and other moving water. This forms the bulk of Scottish rivers. The SCA maintain that in law there is a legal right to paddle such rivers, but the question has yet to be authoritatively decided. In practice problems do not usually arise where paddling takes place outside the fishing season (roughly April to mid October) or on Sundays. The SCA would like paddlers to adhere to their Code of Conduct.

As a policy, the SCA does not enter into access agreements although local agreements do exist on certain rivers.Trespass in Scotland: Contrary to popular opinion, there is a law of trespass in Scotland. As in Wales, it is a civil offence, and damages can only be awarded for harm caused. Historically the Scottish courts have been reluctant to grant an interdict unless good cause is shown, but they may do so if an application is made.

When paddling in Scotland therefore, especially during the fishing season, the advice is to contact the local river adviser or the SCA.

Scottish Canoe Association: Caledonia House, South Gyle, Edinburgh, EH12 9QD
Phone: 0131 3177314
Fax: 0131 3177319

SCA Website http://www.scot-canoe.org

Earning a Welcome

To enjoy their sport, canoeists need to be welcome.

• Be friendly and polite to local residents

• Drive slowly with care and consideration

• Park sensibly without causing any obstruction

• Be as quiet as possible

• Unload kit tidily and take all litter home

• Get changed out of public view

• Get permission before going onto private property

• Avoid wildlife disturbance and environmental damage

• Be considerate to other water users

• Avoid being an intrusion on local life

• Support local businesses if you can

• Say "thank you" for any help you receive

• Leave no trace of your visit

• Follow the Country Code

The Country Code

• Enjoy the countryside and respect its life and work

• Guard against all risk of fire

• Fasten all gates

• Keep your dogs under close control

• Keep to public paths across farmland

• Leave livestock, crops and machinery alone

• Take your litter home

• Help to keep all water clean

• Protect wildlife plants and trees

• Take special care on country roads

• Use gates and stiles to cross fences, hedges and walls

• Make no unnecessary noise