SC(3) - AIW46

Sustainability Committee

Inquiry into access to inland water in Wales

I am an active whitewater kayaker.

I am a member of the British Canoe Union (BCU) and my local canoe club (Abingdon) and my University canoe club (Leeds).

I use several stretches of water in wales depending on the water levels. These include parts of the Ogwen, the Llugwy, the Treweryn, the Wye, the Conwy and the Dee.

I do not believe that my legal rights are clear and well defined with regards water access in Wales (and indeed England).

I have seen fairly compelling evidence that the Magna Carta enshrines our right to access inland waters, but this seems to be disputed by anyone with the opposite opinion. I also don't understand why the right to roam legislation was not passed to include inland water access by small non-powered craft at it seems silly that we have recent clear legislation to go walking, but not to go paddling. Despite this I continue to paddle as there doesn't seem to be a precedent for prosecuting paddlers and when I go paddling I feel that I'm not doing any harm to anyone.

I would like to see changes to my legal rights to allow clear access.

I have kayaked in many other countries without the access problems of England and Wales - in fact they are the worst of anywhere I have kayaked across Europe and North America. Scotland and France both have clear laws regarding our rights to paddle, and some places in France and Slovenia it is encouraged further with signage to key access and egress points, river information boards and parking areas.

I have some experience of voluntary access agreements but generally for rivers in England.

One agreement includes open access throughout the winter and no paddling in the summer except for when the river is above a certain level. In this case it is appropriate as when the river is at normal summer base level it is too low and unrunnable anyway.

This is the only example of an agreement that I ever really stick to as others sometimes restrict access to all but a few days a year and make you wander who ever agreed to them!

I think the key issue is just clearing up the law as currently there does not seem to be a clear position and access seems to be a bit of a grey area.

Often we will go to Scotland instead of Wales for a weekend kayaking because we know we won't get any hassle there when we try and paddle, unlike on certain rivers in Wales, like the Conwy.

Thanks

Paul Wilkinson