SC(3) - AIW10

Sustainability Committee

Inquiry into access to inland water in Wales

Dear sir

I refer to the invitation to respond to the inland waterways inquiry and my response follows.

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

I am the Head of Centre for a charitable trust that provides residential outdoor education in mid Wales.  I am a canoeist and kayaker, and teach people both these disciplines on inland waters.

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

Yes - I am a member of the Canoe Wales (WCA as was)

Which stretches of water do you own/use/manage?

Legal rights

I believe that my legal rights are anything but clear. There appear to be no rights and poorly defined restrictions.
My understanding of the legal situation is that it is often necessary to cross private land to access the waters, which can mean trespass. However once afloat on the water, the water belongs to no-one and I am free to paddle as I wish while acting responsibly. I believe that there has never been a test case to define the right to paddle on waters but as people have boated for hundreds, if not thousands of years there is precedent for access.
Yes! I would like to see free access to all inland waters, and tidal waters if currently limited, tied to a requirement for responsible behaviour.
The example of Scotland is obvious and applicable here.  Having paddled in other countries I observe that only in England and Wales are there any restrictions. The rest of Europe, North America, South America and Africa, all seem to have more enlightened access than us.

Voluntary Agreements

I most usually use the rivers of south Wales - Usk, Wye, Tawe, Irfon amongst others.  There are access agreements for some of these rivers.  Access agreements have been shown to not work over the last 50 years and cannot be made to work. Welsh paddlers are withdrawing from agreements as they deem them an illegal restriction of access.
As a note whilst using access agreements I have been regularly sworn at (often with children on the river), had rocks thrown at me,  been shot at with an air rifle and suffered threats to self and vehicles.
Regarding changes to voluntary agreements - the only suitable change is their abolishment.  The best of them are poor, and the worst are scandalous where they are available.  One riparian owner amongst hundreds can stop a voluntary agreement.

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.

Wales should follow Scotland and enact free access with an obligation for responsible behaviour.  How can we have access to roam but not get our feet wet?  How can so few people stop the activity and sporting outdoor enjoyment of so many?
The situation will not go away, canoeists will paddle where they want and will challenge for rights to access.

yours faithfully

Nick Winder