Waterways and Environment Charter

The Case for Change

When lobbying your MP or someone else or another organisation, whether in person or by letter, you should present your own case for a fair share of our rivers for canoeists based on your personal views and experiences.

In addition access to our countryside should not be treated in a piecemeal fashion ie access to land and access to water, as it is both confusing and illogical for all of the general public.

Here are some suggestions you could use.

Background

The legal situation regarding access to water in England and Wales is different from other countries in the world, where canoeists are generally able to paddle large and small non-tidal rivers without seeking permission, as beds of these rivers are not privately owned. Under these different and more open regimes there is very little, if any, conflict between land ownership, angling and navigation interests, each having rights to the use of the water.

The Current Position

A substantial mileage of lowland flat water is managed by a number of navigation authorities. However, when compared with the large number of waterways that do not have certainty or clarity of access or navigation rights it is simply in-equitable and highly restrictive to a water based activity that needs access to water to pursue its activities.

Many so called "Private" waters represent the best canoeable rivers in offering both challenging moving white water and calmer recreational water.

Both Labour and Conservative governments (and now the Coalition) have consistently recommended that canoeists seek more access through negotiation on a waterway-by-waterway basis. Local negotiation has been well tried but has not succeeded in delivering any significant increase in access to and along water. There are many waters under the right environmental conditions which could potentially be canoed, but there is an assumption, by some individuals and organisations with riparian interests, that many of these unregulated waters are private, and use is not allowed, or shall be by way of a structured access arrangement.

From over 41,000 miles (66,000kilometres) of rivers in England and Wales without a public right of navigation, only 812 kilometres of highly restricted access has been negotiated. Some agreements are for just a few days each year adding very little (1.2%) to the 4% of inland waterways with a public right of navigation. Ultimately, access is in the hands of riparian owners. If they refuse to engage in negotiation, there is no way canoeists or others can make progress.

Access arrangements do not satisfy an unmet demand nor provide the clarity, security and permanence of public access.

As also stated by Canoe Wales, Canoe England:

·         Believes arrangements should meet the government’s tests for access – clarity, security, certainty and permanence.

·         Accept that private access arrangements may work well for individuals or small organisations but that these often do not meet the tests above for public access.

·         Recognise that access agreements or arrangements are tools that can be used for managing recreation; however they cannot be used for securing public access. Without securing access first, any voluntary regulation is unlikely to be successful.

·         The clear conclusion is that negotiated access is not a viable way forward to achieve a fair and equitable share of water space. Canoe England has concluded that this is predominately because riparian owners are not obliged to negotiate agreements and that established angling interests sometimes actively discourage canoe access agreements.

Local authorities, who have the powers of persuasion, have not made any orders under the National Parks and Access to the Countryside Act 1949.

Canoe England has concluded that gaining access by voluntary and negotiated agreement is not effective. The only way forward is legislation or an access to inland waterways bill.

These facts and figures may help too.

·         Canoeists do not harm fish, fowl, flora or fauna and leave no trace of their passing.

·         Natural England agrees that there is unlikely to be any significant impact on or lasting disturbance to wildlife and the water environment from the passage of canoes.

·         Environment Agency research has shown that canoeing does not impact on fisheries.

·         A high quality environment is an essential part of the canoeing experience.

·         Canoeing is a non-polluting activity sport.

·         Anglers fish from boats and canoes. Kayak Fishing is becoming very popular

·         All other countries in the world do not have the situation where the bed of a river can be privately owned and they experience little conflict over use.

·         Canoeing contributes to Government’s social objectives and does address social exclusion. Internationally, British canoeists have an enviable track record of international results.

·         Our competitors have achieved medal success at every level of competition including Olympic, World and European Championships.

·         Canoeing is an activity that is enjoyed by all ages, gender, race and ability.

·         Canoeing assists in developing social skills for all ages but especially young people.

·         Canoeing contributes to economic development through a healthy and growing canoe trade.

·         Canoeing promotes a healthy life style through physical recreation.

·         Canoeing promotes and canoeists acquire skills and sporting excellence.

·         Canoeists travel extra distances to paddle when suitable local waters are not available.

·         When preparing for the CRoW (Countryside and Rights of Way) bill, the Countryside Agency commissioned a poll by MVA Ltd in 1999 entitled "Access to Other Open Countryside - measuring potential demand”. The following public support was stated….69% were in favour of increasing access for canoeing and rowing, 19% against and 12% unsure.

·         On the River Wyre the favourite method of collecting Otter spraints (droppings) and observing Otters is now undertaken by Canoe.

·         Canoeing is an affordable means of getting afloat for everyone especially for young people and families. Canoeing is the most popular watersport.

·         Canoes are used by Natural England and others to check how many eggs breeding water birds were hatching in their nests because canoes were the only way of getting to the nests without undue disturbance.

·         Canoeing is an increasingly popular recreation particularly for the young and the retired.

·         There are over 2,200,000 people who go canoeing each year.

·         Rivers are a superb natural classroom. Given greater access, schools can support the National Curriculum without classroom learning and the possibilities for cross-curricular activities are almost endless.

·         Canoeing and other water sports are very much about participation.

·         Providing greater access to the rivers will enable a healthier and fitter nation.

·         Access to and along our inland waters are also important for members of the public..walkers/anglers/swimmers/rowers etc