Exmoor National Park Authority
Policy on Public Canoe Access to Rivers in
Exmoor National Park
June 2008
1. Introduction and Principles
1.1Exmoor National Park Authority believes that canoeing at appropriate times, locations and by appropriate numbers of participants can be a positive activity that provides quiet recreation and enjoyment of Exmoor’s special qualities and is in keeping with National Park purposes.
1.2 However, unregulated access has the potential to impact adversely on the tranquillity and sensitive ecology of some Exmoor rivers, and access arrangements should take these potential adverse impacts into account. The Authority therefore needs to identify positive actions, with other authorities, owners and agencies, to reduce trespass and improve confidence in voluntary access agreements.
2. Legislation
2.1Exmoor National Park Authority is not in favour of primary legislation to create access to all inland waterways on Exmoor; access by negotiation is the preferred option, ensuring that the interests of all parties are considered fully.
2.2 Access agreements should be voluntary and not gained through compulsion. The Environment Agency is the public body with statutory duties to protect the fishery and promote water-related recreation and Exmoor National Park Authority looks to them for advice and guidance in the suitability of sections of river for sustainable canoeing access in harmony with the ecology of the area.
2.3 As with all recreational activity there is potential for canoeing to have a detrimental effect on the special qualities of Exmoor National Park. In making recommendations on the suitability of proposed formal canoe access Exmoor National Park Authority will apply the Sandford principle (s.62 1995 Environment Act). This principle states that if direct irreconcilable conflict occurs between the conservation and enjoyment statutory purposes of the National Park Authority, then conservation will take precedence.
3. Trespass
3.1Trespass is not a responsible way to negotiate new access and Exmoor National Park Authority strongly requests all Canoeists including the British Canoe Union to support current access agreements and negotiate new voluntary access agreements through trust and respect rather than trespass. High levels of trespass will not dispose local communities or riparian owners towards negotiating voluntary agreements with the British Canoe Union.
4. Voluntary Access Agreements
4.1 When canoeists wish to negotiate new access to rivers in the National Park, Exmoor National Park Authority recommends that the principles below provide a sound basis for such agreements:
- The voluntary agreement of riparian owners should be made in writing.
- Prior to any agreement being confirmed, consultation must take place with statutory conservation bodies and others with an interest in Exmoor’s environment including Exmoor National Park Authority, the Environment Agency and Natural England (where the river or surrounding land is a designated Site of Special Scientific Interest).
- That the British Canoe Union must endorse and support any new access agreement, and in doing so agree to publicise it widely with a requirement that the provisions and private rights are respected. Implicit in this is that the BCU also discourages trespass on other parts of the river or other rivers within the National Park.
5. Exmoor National Park Authority Involvement
5.1 Exmoor National Park Authority is not a significant owner of rivers on Exmoor and therefore is not directly involved in granting consents for canoeing. However, Exmoor National Park Authority can act as an honest broker between interested parties if requested, and will comment on any proposed new access from an objective and unbiased perspective.
5.2 Exmoor National Park Authority is not the policing body for voluntary access agreements and will not be responsible for the enforcement of existing or future voluntary access agreements or enforcing against trespass, per se. However the Authority will:
- seek to reduce the level of trespass by disseminating accurate information on canoeing and educating water-sports users where appropriate;
- monitor the success of voluntary access agreements and assist in negotiating solutions to issues such as access and egress points;
- keep under review the adequacy of current legal protections for Exmoor rivers.
6. Other Considerations
6.1 There are many areas on the periphery of the National Park that offer good opportunities for canoeing including the Wistlandpound reservoir and the River Exe from Exebridge to Exeter. The provision of canoeing in the area should not be considered solely on what is available within the National Park, but in the context of the wider region.