Sustainability Committee
Inquiry into access to inland water in Wales
Thank you for your invitation to respond to the Sustainability Committee’s inquiryinto access to inland water in Wales.
This response is on behalf of the University of the West of England Canoe Club, based in Bristol.
What is your interest in the issue of access to inland waterways?
UWE Canoe is approaching its thirtieth year, having originally formed as Bristol Polytechnic canoe club. It provides recreational canoeing opportunities to students and alumni of the university and makes use of many rivers across the UK and Europe.
Are you a member of an organisation related to your use of water?
The club is affiliated to the BCU through Canoe England.
Which stretch/es of water do you own/use/manage?
The club and its members have canoed many Welsh rivers. The majority of the trips include the rivers Wye, Usk, Dee, Llugwy, Tryweryn.
Legal rights
Are you happy that your legal rights are clear and well defined?
No, they are not clear or well defined.
Can you briefly outline your understanding of your legal rights over the stretch of water/s that you use?
The clubs British Canoe Union affiliation give access to canals. Members have made use of the Llangollen canal in North Wales and the Brecon and Mommouthshire canal in South Wales. Bristol Harbour Master also gives our members free access to the Bristol Docks waterways. The law is unclear for rivers in England and Wales and often there is attempt to use application of inappropriate law especially regarding trespass to prevent access to rivers.
Would you like to see any changes to your legal rights?
Yes.
If yes, what changes would you like to see?
We would like well-defined legal access for all users to all rivers in Wales.
Are you aware of any legislation that exists in other countries that could be used in Wales?
The Land reform act in Scotland allowing all users fare share of access to rivers. In France there are time limits allowing angling during the early morning and twilight period and canoeing during the main section of the day.
Do you have any experience of voluntary agreements for access to the stretches of water you use?
Yes.
If yes, please briefly outline the agreements that exist and your experience of how they operate?
Access agreements, and more importantly agreements with restriction, have prevented the club from venturing onto many Welsh rivers and the agreements previously in place served only to allow canoe access during the closed fishing season, regardless of the water levels. Voluntary agreements do not allow for a fare standing in negotiation for those involved in creating the agreement. The fisheries have historically dictated the agreement, often with restrictions, and the canoeing governing body has been forced
to accept pitiful amounts of access. Also voluntary agreements fall over the moment one landowner or fisheries along a water course rejects the agreement, for canoeing purposes this can cause the loss of an entire river system.
Would you like to see any changes to the voluntary agreements?
Yes.
If yes, what changes would you like to see?
Voluntary agreements do not work, they should no longer be used to establish river access.
Are you aware of any voluntary arrangements in other countries that could be used in Wales?
Voluntary agreements are not required in other countries because the law gives clarity and in respect of canoeing activities the National Governing Bodies give a clear code of conduct for use of rivers to ensure environmental concerns are taken
into consideration.
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?
Key issues for recreational access are:
Lack of clear legal guidance for general river users.
Anglers and fisheries continuing to claim exclusive rights to rivers. Including use of "No Canoeing", "No Walking", "No swimming" signs. Threats made by anglers/fisheries to other users including claims of trespass and inappropriate use of environmental laws. Misinformation promoted as excuse to restrict users from rivers.
To address the issues we would like to see:
Clear legal guidance giving access for all users to rivers. The Land reform act in Scotland would be the obvious choice for adoption in Wales. A fare share of the natural resources of rivers for amicable use by all users. The conduct of those who have made threats, caused damage to vehicles, thrown rocks etc. should be addressed immediately with public disprovable by the fisheries and
angling representatives and direct steps taken to curtail the actions of those involved. Information provided by the Environment Agency for Wales to identify key areas of environmental concern and where appropriate, through discussion with Canoe Wales, set low level markers for canoeists. The promotion of low impact recreational use of rivers in order to help preserve
rivers and their entire Biodiversity.
Yours sincerely
Michael Horswill
On Behalf of The Committee for
University of the West of England Canoe Club
