Thursday, May 17, 2012

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Your Access Rights

Aims

Scotland's new access legislation came into force on 9th February 2005. These new access arrangements are defined in the Land Reform (Scotland) Act and Scottish Outdoor Access Code. The combination of the Act and Code aims to “create a greater opportunity for people to visit and enjoy our countryside without interfering unduly with legitimate land management operations”.

The key principles of the Act are as follows:-

  • A right of responsible access to most land and water backed up with a code which defines responsible behaviour;
  • Obligations on land managers not to impede or restrict the right of access;
  • Obligations on local authorities to facilitate and plan for access, and to identify core path networks within their area, together with powers to manage access and an obligation to create at least one Local Access Forum.

Land Reform Act

To see the Land Reform (Scotland) Act in full click here.

Scottish Outdoor Access Code

The Scottish Outdoor Access Code (SOAC) sets out the responsibilities on all parties in relation to statutory access rights. As well as providing advice for those taking access it also gives corresponding advice for those who own and manage land on which access is taken. A copy of the Code can be downloaded here.  You can find a wide range of information relating to the new statutory rights of access, along with contact details for Access Officers on the SOAC site.

Other Access Information

The SCA has produced the "Paddlers' Access Code" in order to provide a quick reference guide to the relevant parts of the Act and Code.  We also have a guidance note on the Seasons for Fishing and Shooting - download the note.

Reporting access problems

If you are challenged whilst exercising your access rights, please let the SCA Access and Environment Officer know using our online Access Incident Report form.

What to do if you have an access incident

Thankfully the number of access incidents on Scottish waters is far lower now than in the past.  However, problems can still occur, so it is important to plan ahead and be prepared for some form of challenge to your being on the water.

The SCA’s advice for anyone caught up in a conflict situation is to:

  • Remain calm and avoid raising your voice;
  • If necessary point out your right to be on the water;
  • Move away from anyone who is violent or making violent threats;
  • Make a note of the person’s appearance and time of day the incident occurred;
  • Complete an SCA online Access Incident Report form;
  • Don’t hesitate to report any threatening incidents to the local Police.

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