Access to the Countryside
Issued : Friday 6 April, 2007
Access to the Countryside - a legal framework to provide certainty and security for both land owners and recreational walkers.
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Summary
Access to the countryside for recreational walkers has become a major problem in recent years. Accordingly the Labour Party has published an innovative, creative and constructive legal framework and Bill to provide certainty and security for both land owners and recreational walkers.
The main features of the Bill include:
Designating all land 150 metres above sea level as 'public access land'
Landowners to be indemnified against injury or accidents on their land
Access routes to be provided to access land
Amenities to be provided and paid for by Local Authorities
Establishment of an Access to the Countryside Advisory Council
All land in Ireland is owned by private individuals, groups of people in commonage or by the State such as Coillte, the ESB or National Parks. As farming declines, the demand for recreational access has increased.
There is no clear status as to what land is accessible or what the rights of way are from the public road to the uplands where most recreational walkers want to go. As a result there have been a number of stand-off confrontations and disputes between walkers and land owners.
With very few formal rights of way in existence access to privately owned land has traditionally been informally tolerated. This is no longer the case.
Recreational walking can significantly contribute to the rural economy. Yet the potential for rural tourism that recreational walking provides is being blocked by the legal uncertainty surrounding the issue of access.
As agriculture continues to decline as a primary source of income for many rural families alternative sustainable development such as walking tourism should be welcomed and supported.
Labour's Bill provides a satisfactory solution to the current impasse. Our proposal is located firmly within the Local Government system and is open and accountable to local democracy. There are eight main features of this Bill:
In principle, all land above 150 metres above sea level (other than gardens and land being actively farmed), subject to conditions, will be deemed to be access land. The owners of such land will carry no risk of liability for any recreational walker who upon entering the land has an accident or suffers an injury.
The Local Authority will publish a draft proposal of access lands within its area. Any owner can appeal against the inclusion of their land to An Bord Pleanala within a specified period. The ultimate decision of An Bord Pleanala to confirm or amend the Local Authority proposal is final.
No money will be paid by way of compensation to the owners of access land. In turn, no owners of access land will be exposed to claims from walkers or others who suffer accidental injury while on the land.
The Local Authority will negotiate directly with individual land owners in order to provide access routes from the public road across private land, including fields, in order to reach the access land.
Routes may involve the provision of off-road car parks, pathways, stiles and gates which will be paid for by the Local Authority in direct negotiations with the individual landowner. In addition, an annual change for maintenance may in some circumstances be paid by the Local Authority to a landowner or farmer.
Alternatively, the Local Authority may decide to provide its own maintenance to such access routes. Walkers who use the access routes will not be able to make a claim against the owner of such routes in the event of injury or accident.
The Minister for the Environment will establish an Access to the Countryside Advisory Council. Local Authorities will publish an Amenity Lands Access Programme every six years.
Finally, the determination of access land and routes will be a reserved function of the Council to be made democratically by the Councillors. In the event that the Council, for whatever reason, fails to implement an Amenity Lands Access Programme including the designation of access land and routes then the Minister may direct the County Manager to perform the functions of the Council under this legislation.
This Bill is a positive and creative solution to a problem that has recently been before the Courts. It is a sensible and innovative initiative that will overcome many of the problems faced by both walkers and landowners.
